The Case Of Crimea’s Annexation Under International Law
The Case Of Crimea’s Annexation Under International Law
Contributor(s): Władysław Czapliński (Editor), Sławomir Dębski (Editor), Rafał Tarnogórski (Editor), Karolina Wierczyńska (Editor)
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Geography, Regional studies, International Law, Law and Transitional Justice, Public Administration, Public Law, Law on Economics, Geopolitics
Published by: Wydawnictwo Naukowe Scholar Sp. z o.o.
Keywords: Crimea; annexation; international law; Russia; Ukraine
Summary/Abstract: This book addresses issues connected with Russia’s 2014 annexation of Crimea that are both of key current relevance and crucial from the point of view of both international law and international relations. It not only offers a comprehensive elaboration of the subject, but also presents it from the points of view of states directly engaged in the conflict. For the authors in this book include researchers from many European countries, albeit first and foremost from both Ukraine and Russia. In this way the collected work represents a contribution of undoubted value where the ongoing international debate on the Crimean annexation is concerned. /// From the review by Prof. Anna Wyrozumska
- Print-ISBN-13: 978-83-7383-901-4
- Page Count: 356
- Publication Year: 2018
- Language: English
Editorial
Editorial
(Editorial)
- Author(s):Celina Nowak, Ernest Wyciszkiewicz
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:9-9
- No. of Pages:1
- Price: 4.50 €
List of Abbreviations
List of Abbreviations
(List of Abbreviations)
- Contributor(s):Władysław Czapliński (Editor), Sławomir Dębski (Editor), Rafał Tarnogórski (Editor), Karolina Wierczyńska (Editor)
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:11-12
- No. of Pages:2
- Price: 4.50 €
Self-Determination – Secession – Recognition (Remarks on the International Legal Background to the Incorporation of Crimea into the Russian Federation)
Self-Determination – Secession – Recognition (Remarks on the International Legal Background to the Incorporation of Crimea into the Russian Federation)
(Self-Determination – Secession – Recognition (Remarks on the International Legal Background to the Incorporation of Crimea into the Russian Federation))
- Author(s):Władysław Czapliński
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:23-42
- No. of Pages:20
- Keywords:self-determination; international personality; secession; recognition
- Summary/Abstract:The present paper formulates some introductory remarks on a problem which has been discussed widely in the past, but remains current, as new states appear on the political map of the world. It seems that there are no areas which constitute terra nullius, i.e. are not subject to the jurisdiction of any State. New states can be created either by way of the uniting of alreadyexisting states, or through dismemberment of the existing state, or – as most frequently in recent times – by way of the secession of a part of the territory and population from the predecessor state. Secessionist movements base their claims on the right to self-determination. In that broad context, our intention is to present the international legal background to the Crimean events. While there is an obvious limit to the level of detail achieved, there can certainly be here a full sketching out of many important issues relating to Crimea’s secession and annexation.
- Price: 4.50 €
The Case of Crimea: Self-Determination and Exercise of the Right to Secession or Annexation?
The Case of Crimea: Self-Determination and Exercise of the Right to Secession or Annexation?
(The Case of Crimea: Self-Determination and Exercise of the Right to Secession or Annexation?)
- Author(s):Oleksandr Zadorozhnii
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:43-70
- No. of Pages:28
- Keywords:self-determination; Crimea; Ukraine; Russian Federation
- Summary/Abstract:The author engages in comprehensive international law-based analysis of the Crimean case and tries to develop a holistic vision. He considers principal issues of the problem to answer a question as to whether events of 2014 represented self-determination and exercise of the right to secession by the Crimean people, or merely Russian annexation of the Peninsula as an integral part of Ukraine.Special emphasis is placed here on the fundamental principles of international law, their modern interpretation, and the rules set out in international agreements between the Russian Federation and Ukraine. The author seeks to determine whether there are legal grounds for the self-determination of the Crimean people (peoples): is it possible to claim exhaustion of possibilities for “internal self-determination” of the Peninsula within the Ukrainian state? Are there exceptional circumstances regarding the legality of secession, and how does the Russian Federation’s involvement in the events of 2014 affect their legality? Some attention is also drawn to the Kosovo case and other cases in which self-determination by means of secession appears to have gained recognition in the international community, and a conclusion is drawn in respect of whether these examples are applicable to the Crimean case.
- Price: 4.50 €
Law, Politics and the Future of Crimea
Law, Politics and the Future of Crimea
(Law, Politics and the Future of Crimea)
- Author(s):Sławomir Dębski
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:13-19
- No. of Pages:7
- Price: 4.50 €
Exercise of the Right to Self-Determination: International Standards versus the Crimean Mess
Exercise of the Right to Self-Determination: International Standards versus the Crimean Mess
(Exercise of the Right to Self-Determination: International Standards versus the Crimean Mess)
- Author(s):Oleksandr Moskalenko
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:71-98
- No. of Pages:28
- Keywords:Occupation; Crimea; referendum; international law; Ukrainian crisis
- Summary/Abstract:This article studies the Russian annexation of Crimea from the perspective of international law, with its developed standards for the exercising of self-determination and secession rights. It argues that the Russian annexation is an evident case of military aggression and unlawful occupation, which has nothing to do with either self-determination or secession rights. The case of Crimea is unique, in the sense that it managed to violate every single standard, something that can hardly be observed in any other case. The absence of any secessionism on the Crimean political agenda, the strange and marginal people appointed as “Crimean leaders” by the Russian occupation forces, the phantasmagoria of their election at street meetings, and unidentified “little green men” – that was the background to what is called “the Crimean referendum”. But this event emerged as having nothing to do with democracy, or with the will of the Crimean people. Neither did it have anything in common with the international standards for a referendum. Organised in ten days, it was neither transparent nor free, as the Peninsula had already been occupied by the Russian troops starting the terror against the inhabitants.
- Price: 4.50 €
Revisiting the Principle of Self-Determination
Revisiting the Principle of Self-Determination
(Revisiting the Principle of Self-Determination)
- Author(s):Vladislav Tolstykh
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:99-107
- No. of Pages:9
- Keywords:international law; principle of self-determination; sovereignty; human rights; general will
- Summary/Abstract:The principle of self-determination is a norm including the three alternative ideas of sovereignty, the general will and human rights. The international community opts for one of these ideas in each particular case, on political expediency grounds. The principle is thus consensual, voluntaristic and constitutive. This approach has disadvantages: it involves the so - lution of major political issues by external actors; it is not compatible with the principles of predictability and certainty; and it does not provide answers to substantial issues. There are several strategies to overcome these problems: application of the principle of proportionality in order to mitigate contradictions between ideas, introduction of some super principle; li - miting the application of uti possidetis iuris, and removal of the international community from the solution of problems relating to the formation and disintegration of states.
- Price: 29.00 €
Muddying the “Bright Lines”: The Crimean Claim to Self-Determination in a Policy-Oriented Perspective
Muddying the “Bright Lines”: The Crimean Claim to Self-Determination in a Policy-Oriented Perspective
(Muddying the “Bright Lines”: The Crimean Claim to Self-Determination in a Policy-Oriented Perspective)
- Author(s):Daniele Amoroso
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:109-134
- No. of Pages:26
- Keywords:Self-determination of Peoples; Counterfactual Thinking; New Haven School of International Law; Principles vs Rules; Irredentism
- Summary/Abstract:The Crimean case was characterised as one with clear “bright lines”, in which it is relatively easy to understand who is to blame and for what reasons. If we look solely at Russia’s incursion into Crimea we could hardly reach a different conclusion. However, this is only really part of the story. The other part is that accession to the Russian Federation arguably occurred with the consent of a substantial majority of the Crimean population – which raises the issue of whether the principle of self-determination should be of some relevance in the case at hand. In an attempt to offer an answer to this question, the paper has adopted a dynamic approach, which conceives of the law of self-determination, not as a static set of clear-cut rules, but as a ceaseless process by which the international community provides an authoritative response to peoples’ claims to have the forms and boundaries of political authority (re)shaped. In particular, the case is made for a policy-oriented approach, based on the teachings of the New Haven School of international law.
- Price: 4.50 €
The Annexation of Crimea in the Light of the Definition of Aggression. Does Prohibition of Aggression apply to Russia?
The Annexation of Crimea in the Light of the Definition of Aggression. Does Prohibition of Aggression apply to Russia?
(The Annexation of Crimea in the Light of the Definition of Aggression. Does Prohibition of Aggression apply to Russia?)
- Author(s):Patrycja Grzebyk
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:137-153
- No. of Pages:17
- Keywords:Annexation; Crimea; Russia/USSR; definition of aggression; hegemonic international law
- Summary/Abstract:The article firstly assesses the role of the USSR as a predecessor of the Russian Federa tion in defining aggression in international law, especially in relation to introduction of the principle of the “first use of force” in the final version of the definition adopted by the General Assembly in 1974. Secondly, the Crimean conflict is analysed in light of the definition of aggression. It is proven that several acts of aggression were committed by Russia in 2014 against Ukraine. Thirdly, taking into account the position of the Russian Federation as a Permanent Member of the United Nations Security Council, an attempt is made to answer a question as to whether prohibition of aggression is and should be applicable to Russia. The question of the effectiveness of international law in relation to Permanent Members of the Security Council is addressed, as well as relevance of the concept of hegemonic international law.
- Price: 4.50 €
A Quarter of a Century on from the Soviet Era: Reflections on Russian Doctrinal Responses to the Annexation of Crimea
A Quarter of a Century on from the Soviet Era: Reflections on Russian Doctrinal Responses to the Annexation of Crimea
(A Quarter of a Century on from the Soviet Era: Reflections on Russian Doctrinal Responses to the Annexation of Crimea)
- Author(s):Maria Issaeva
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:155-179
- No. of Pages:25
- Keywords:Russia; Ukraine; Crimea; annexation; reunification; Russia; USSR; use of force; intervention;self-determination; territorial integrity; sovereignty; public international law; Russian approaches to int
- Summary/Abstract:This article is intended to give a reader a broader view of the post-Crimean academic discussion within Russia. The justifications offered by Russia for its actions in Crimea in 2014 were met with scepticism by the international community and international lawyers across various jurisdictions. Among Russian international legal scholars there were almost no critical voices willing to assess Crimea’s annexation as at least questionable under international law. Rather, these scholars, in their overwhelming majority, spoke or wrote on the matter in feverish defence of Russia’s actions. Some international scholars who study ‘Russian’ approaches to international law or come across them as part of their research seem prepared to justify the striking unity of perspective among Russian academic international lawyers by reference to the historically authoritarian nature of the Russian state. This article counters arguments of such would-be deference, suggesting that Russian academia be looked at by reference to the emerging standard of the international legal profession.
- Price: 4.50 €
The Russian Practice of the Forcible Protection of Nationals Abroad: Legal Implications
The Russian Practice of the Forcible Protection of Nationals Abroad: Legal Implications
(The Russian Practice of the Forcible Protection of Nationals Abroad: Legal Implications)
- Author(s):Mindia Vashakmadze
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:181-197
- No. of Pages:17
- Keywords:use of force; self-defence; protection of nationals; military intervention; Russia
- Summary/Abstract:The Russian military intervention in Crimea, Ukraine, in March 2014 raises funda - mental legal questions relating to the prohibition of the use of force enshrined in Article 2 (4) of the UN Charter. One of the arguments presented by the Russian Federation, to underpin the military intervention in Crimea legally, was the necessity to protect Russian nationals from the newly-established pro-Western government in Kiev. A great number of states did not oppose this specific justification for the use of force. Furthermore, according to some observers, Western states did not oppose the application of the same doctrine in the 2008 Russian-Georgian conflict. To clarify the potential legal implications of this practice for the law on the use of force this paper examines the Russian approaches to the doctrine of the forcible protection of nationals abroad, and its application in the countries of the former Soviet Union.
- Price: 4.50 €
Reactions to Russia’s Annexation of Crimea and the Legal Consequences Deriving from Grave Breaches of Peremptory Norms
Reactions to Russia’s Annexation of Crimea and the Legal Consequences Deriving from Grave Breaches of Peremptory Norms
(Reactions to Russia’s Annexation of Crimea and the Legal Consequences Deriving from Grave Breaches of Peremptory Norms)
- Author(s):Enrico Milano
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:201-221
- No. of Pages:21
- Keywords:Crimea; Russian Annexation; Non-Recognition; Grave Breaches of Peremptory Norms
- Summary/Abstract:Crimea’s referendum for self-determination and Russia’s ensuing annexation completed on 21 March 2014 have sparked a wave of international protest and accusations, es - pecially from governments in Europe and in the West, to the effect that, by doing this, Russia was committing a grave violation of international law, in particular of the sovereignty and territorial integrity of Ukraine. The present chapter discusses the legal consequences of the violation of peremptory norms protecting Ukraine’s territorial integrity, with specific focus on the theoretical underpinnings and practical implications of the collective obligations laid down in Article 41 of the ILC Draft Articles on State Responsibility. The analysis of the practice concerning Crimea shows that the collective dimension of the international community has been reinforced, including the effectiveness of the legal regime regulating the consequences of grave violations of international rules protecting states from external aggression. Certain thorny issues remain unsolved though, such as the lack of an institutionalised and regulated mechanism by which to determine the existence of a grave violation of international law; a gap in legality that can only be partially filled by the “mobilisation” of normative standards by influential and powerful sectors of the international community.
- Price: 4.50 €
International Reactions to the Crimea Annexation under the Law of State Responsibility: “Collective Countermeasures” and Beyond?
International Reactions to the Crimea Annexation under the Law of State Responsibility: “Collective Countermeasures” and Beyond?
(International Reactions to the Crimea Annexation under the Law of State Responsibility: “Collective Countermeasures” and Beyond?)
- Author(s):Maurizio Arcari
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:223-235
- No. of Pages:13
- Keywords:State Responsibility; erga omnes obligations; Countermeasures
- Summary/Abstract:The present paper intends to frame the 2014 Russian annexation of Crimea within the regime of the legal consequences of serious breaches of erga omnes (and jus cogens) obligations, as set out in the UN International Law Commission’s 2001 Draft Articles on State Responsibility. It is submitted that the restrictive measures adopted against Russia by some Western States and the European Union may substantiate an egregious case for third party, or “collective”, countermeasures taken by states not directly affected by the violation of erga omnes obligations. In this vein, the Crimean case can contribute to the clarification of one of the topical issues left unanswered under Art. 54 of the ILC Draft, concerning the admissibility of “collective countermeasures” in current international law. If, from a substantive point of view, the right of non-directly-injured States to take countermeasures can be affirmed after the Crimean case, uncertainties still remain as to the procedural aspects of its implementation. In particular, the precedent of Crimea tells very little as to the way of coordinating the different reactions adopted by third parties involved, thereby confirming that decentralisation still dominates the law of State responsibility and the regime of collective responses to violations of erga omnes obligations in international law.
- Price: 4.50 €
The Legality of the EU Trade Sanctions Imposed on the Russian Federation under WTO Law
The Legality of the EU Trade Sanctions Imposed on the Russian Federation under WTO Law
(The Legality of the EU Trade Sanctions Imposed on the Russian Federation under WTO Law)
- Author(s):Łukasz Gruszczyński, Marcin Menkes
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:237-257
- No. of Pages:21
- Keywords:EU; GATS; GATT; Russia; sanctions; security exception; Ukraine; WTO
- Summary/Abstract:The aim of this chapter is to assess the legality of the EU sanctions on Russia under WTO law. In this context, the authors claim, after providing a detailed description of the measures introduced by the EU, that some of the sanctions either fall outside the scope of WTO law (i.e. the travel bans and asset freezes of certain individuals that cannot be considered service providers) or are related to aspects which are not covered by specific commitments made by the EU (i.e. certain restrictions on financial transactions). Consequently, they cannot be deemed to constitute a breach of the General Agreement on Trade in Services. The authors also argue that those measures which fall within the scope of WTO law (e.g. bans on sale of dual-use equipment and oil industry technologies) and which may be regarded as incompatible with certain obligations (e.g. prohibition of quantitative restrictions introduced by Art. XI of the General Agreement on Tariffs and Trade), can still benefit from the justification provided by the security exceptions included in respective WTO agreements. In this context, the authors analyse the specific conditions envisaged by such exceptions. Special attention is paid to the meaning of two elements: (i) the clause requiring a sanction to be an ‘action which [a WTO Member] considers necessary for the protection of its essential security interests’ and (ii) the clause speaking about measures ‘taken in time of war or other emergency in international relations’. The authors observe that due to a lack of relevant WTO jurisprudence, it is difficult to ascertain the precise standards required by WTO law. Nevertheless, they come to the conclusion, by relying on the interpretation methods traditionally employed by the WTO dispute settlement bodies (textual, systemic and teleological interpretation as provided by Art. 31 of the Vienna Convention on the Law of Treaties supplemented by a reference to the preparatory work) and referring to the practice of other international courts, that the relevant provisions grant wide discretion to WTO Members. On that basis, the authors argue that specific sanctions imposed by the EU should be regarded as justified under WTO law.
- Price: 4.50 €
The Ukrainian Crisis: Wrong Responses cof the International Community?
The Ukrainian Crisis: Wrong Responses cof the International Community?
(The Ukrainian Crisis: Wrong Responses cof the International Community?)
- Author(s):Elena F. Douhan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:259-277
- No. of Pages:19
- Keywords:Ukrainian Crisis; Security; United Nations; regional organisations; Organiza tion for Security and Cooperation in Europe; North Atlantic Treaty Organization; Collective Security Treaty Organization; C
- Summary/Abstract:The Ukrainian crisis ongoing since December 2013 has demonstrated clearly how rapidly a situation may pass out of control, and how bad the consequences can be if efforts made by parties involved, as well as third parties are motivated politically and not sincere. For its part, the international community as represented by both the United Nations and regional organisations has demonstrated its inability to act rapidly, effectively, in accordance with international law and without resort to double standards. It is the legal assessment of the effectiveness of this response from both the United Nations and regional organisations that is the key focus of this article, as different aspects of the crisis in Ukraine are concerned.
- Price: 4.50 €
The Relationship between State and Individual Responsibility for the Annexation of Crimea
The Relationship between State and Individual Responsibility for the Annexation of Crimea
(The Relationship between State and Individual Responsibility for the Annexation of Crimea)
- Author(s):Beatrice I. Bonafè
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:279-292
- No. of Pages:14
- Keywords:Aggression; Crimea; state responsibility; individual criminal responsibility
- Summary/Abstract:The facts characterising the March 2014 situation in Crimea offer an opportunity to test the legal relationship between state and individual responsibility under international law for a crime, the crime of aggression, which has seldom been the object of judicial assessment. The author takes account of a number of legal requirements necessary in assessing state and individual responsibility for aggression and maintains that, even with respect to the crime of aggression, state and individual responsibility remain separated at least as far as secondary rules are concerned.
- Price: 4.50 €
The Ukrainian Crisis and the Prospects for International Criminal Justice
The Ukrainian Crisis and the Prospects for International Criminal Justice
(The Ukrainian Crisis and the Prospects for International Criminal Justice)
- Author(s):Bartłomiej Krzan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:293-307
- No. of Pages:15
- Keywords:International Criminal Court; Ukraine; Article 12(3) Declarations; individual criminal responsibility; MH17 downing
- Summary/Abstract:This paper aims to examine the possibilities for the atrocities committed on the territory of Ukraine to be prosecuted before the International Criminal Court, or via alternative me - chanisms. Ukraine is not party to the Rome Statute, but lodged two declarations accepting the jurisdiction of the ICC over alleged crimes committed on Ukrainian territory. The paper thus examines the application of Article 12(3) with regard to Ukrainian declarations and analyses the modalities of the ICC jurisdiction accepted thereby. In addition, it discusses the potential repercussions of the downing of Malaysia Airlines flight MH17.
- Price: 4.50 €
Naming Names: The Prudence, Propriety and Potential Ramifications of Employing “Terrorist” Nomenclature to Describe Militant Separatists in Eastern Ukraine
Naming Names: The Prudence, Propriety and Potential Ramifications of Employing “Terrorist” Nomenclature to Describe Militant Separatists in Eastern Ukraine
(Naming Names: The Prudence, Propriety and Potential Ramifications of Employing “Terrorist” Nomenclature to Describe Militant Separatists in Eastern Ukraine)
- Author(s):Matthew C. Kane
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:311-337
- No. of Pages:27
- Keywords:Terrorism; terrorists; militants; separatists; Ukraine
- Summary/Abstract:The term “terrorism” is politically charged and easily abused. From a positivist, state-centric perspective, labelling pro-Russian Ukrainian militants as terrorists is a wholly reasonable proposition. The elements of the Ukrainian definition appear to be met, as are those of the Russian definition. Many of the acts attributed to these separatists also appear to meet regional and international definitions, and even most of the more theoretical approaches. Yet such definitions are subject to criticism both in their lack of specificity and their uneven application. Far more concerning, however, is the extension of the terrorist classification to all pro-Russian militants. It is not clear that such application is definitionally appropriate or, more importantly, that it is a step likely to prove helpful in addressing the violence in Ukraine, particularly where the end goal is to ameliorate the threat. Delineating between discrete acts of terrorism and the broader separatist movement seems a wise course, unless and until there remains no question that the ‘terrorist’ attacks are part of a coordinated strategy by particular groups of separatists. At that point, distinguishing between those specific groups and the broader separatist movement would again seem prudent.
- Price: 4.50 €
The Shooting Down of Malaysia Airlines Flight MH 17
The Shooting Down of Malaysia Airlines Flight MH 17
(The Shooting Down of Malaysia Airlines Flight MH 17)
- Author(s):Sigmar Stadlmeier
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:339-347
- No. of Pages:9
- Keywords:Air Law; Malaysia Airlines; MH 17; Chicago Convention; accident investigation; use of force; precautionary measures
- Summary/Abstract:On the basis of the preliminary accident report this paper investigates the loss of flight MH17 in the light of international air law. As far as state responsibility is concerned, the attribution of the shootdown to a particular State Party to the Chicago Convention appears difficult; Ukraine had in fact taken some precautionary measures which in hindsight were insufficient. Operators have already reacted by paying more attention to risks in overflying areas affected by armed conflict, and the loss of flight MH17 has triggered a debate on revising the relevant provisions of the Chicago Convention.
- Price: 4.50 €
Index
Index
(Index)
- Contributor(s):Władysław Czapliński (Editor), Sławomir Dębski (Editor), Rafał Tarnogórski (Editor), Karolina Wierczyńska (Editor)
- Language:English
- Subject(s):Essay|Book Review |Scientific Life, Editorial
- Page Range:349-355
- No. of Pages:7
- Price: 4.50 €
