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90 Nordic J. Int'l L. 1 (2021)

handle is hein.journals/nordic90 and id is 1 raw text is: NORDIC NORDIC JOURNAL OF INTERNATIONAL LAW JOrAL *cep OP BRILL 90 (2021) 1-30 LAW N IJ H O F F brill.com/nord Exploring the Legality of the Constitutional and Independence Referendums in Nagorno-Karabakh under International Law Saeed Bagheri Postdoctoral Fellow, Law School, University of Reading, Reading, UK s.bagheri@reading.ac.uk Abstract As a result of the constitutional referendum held on 20 February 2017 in the unrecognised Nagorno-Karabakh Republic, both the name and administration of the autonomous region of Nagorno-Karabakh changed. According to the new Constitution, adopted with an 87 per cent majority, Nagorno-Karabakh's name is now the Republic of Artsakh, its Armenian name, and the system is changing from semi-presidential to presidential. This study discusses the legality of the referendum, the third since Nagorno-Karabakh was established in 1991; it evaluates the referendum in the context of the secession and the right to self-determination in international law. Having looked at similar cases, the article challenges the compatibility of all referenda held in the region with the uti possidetisjuris principle and principle of territorial integrity under international law. Keywords Nagorno-Karabakh - constitutional referendum - the Republic of Artsakh - territorial integrity - self-determination i Introduction: Historical Background The conflict over the Nagorno-Karabakh Autonomous Oblast has a long his- torical background and violence has accelerated at different times during its course. Between 1990-1991 Armenia and the Soviet Union were involved in an armed battle over the territory. When the Soviet Union disintegrated, an © KONINKLIJKE BRILL NV, LEIDEN, 2020 1 DOI:10.1163/15718107-BJA10020

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