International Law and the Post-Soviet Space II : Essays on Ukraine, Intervention, and Non-Proliferation / Thomas D. Grant, Andreas Umland, Stephen M. Schwebel

Format:

Book

Author/Creator:

Grant, Thomas D. Dr., Author.

Contributor:

Umland, Andreas, Editor.

Schwebel, Stephen M., Author of introduction, etc.

Series:

Soviet and Post-Soviet Politics and Society 200

Language:

English

Subjects (All):

International Law.

Post-Soviet.

Osteuropa.

Recht.

Russland.

Gesetzgebung.

Local Subjects:

International Law.

Post-Soviet.

Osteuropa.

Recht.

Russland.

Gesetzgebung.

Physical Description:

1 online resource (535 pages)

Edition:

1st ed.

Place of Publication:

Hannover ibidem 2019

Biography/History:

Dr Thomas D. Grant studied history and law at Harvard, Yale, and Cambridge. He has been an academic visitor at Heidelberg and Stanford and was a junior research fellow at Oxford. Since 2002, Grant has been a Fellow of the Lauterpacht Centre for International Law and Wolfson College, University of Cambridge. He is the author of, among other books, Aggression against Ukraine (Palgrave Macmillan 2015). Grant has published in a range of academic journals, including the American Journal of International Law, German Yearbook of International Law, and Polish Yearbook of International Law; is a contributing author of the Max-Planck Encyclopedia of Public International Law, and a founding editor of the Journal of International Dispute Settlement. He is the editor for recognition of states and state succession, among other topics, in the forthcoming 10th edition of Oppenheim's International Law (Oxford University Press). He acts as counsel, expert, and advisor before the International Court of Justice, investment tribunals, and national courts. The author of the foreword: Stephen M. Schwebel was, from 1997 to 2000, the President of the International Court of Justice at The Hague.

Summary:

This volume deals with legal issues concerning Russia’s annexation of Crimea and intervention in the Donbas, so-called ‘frozen conflicts’ and ‘hybrid warfare,’ the use of courts and tribunals to address armed aggression, and the implications of recent events for the security guarantees connected to nuclear non-proliferation. Continuing from the first volume, which contains Parts One and Two on Chechnya and the Baltic States, this book is comprised of Part Three—Ukraine and other successor States: Territorial Integrity and its Challengers in the Post-Soviet Space; Part Four—Intervention and International Law; Part Five—Legal Proceedings and Unlawful Claims; and Part Six—Non-Proliferation after Budapest.

"Any international practitioner dealing with Eastern Europe today appreciates that the legal future of the region is shaped by its Soviet past. With Dr Grant's invaluable collection of insights in hand, key elements of that landscape are revealed across different times and places."—Emmanuel Gaillard, Global Head of Disputes Group and Head of International Arbitration practice, Shearman & Sterling LLP

"Dr Tom Grant is one of the best and keenest legal observers of the post-Soviet space in the West."— Lauri Mälksoo, Professor of International Law at the University of Tartu (Estonia) and the author of "Russian Approaches to International Law"

"Dr Grant's two-volume edition does a great service in clarifying the rules of international law at stake, demonstrating how Russia has violated them, and drawing lessons for an international community that seeks adherence to the rule of law."—Amb. Kurt Volker, Executive Director, McCain Institute for International Leadership, Arizona State University

"Tom Grant takes a generalist international lawyer's perspective to what he calls the post-Soviet space. The stellar quality of his argument will make this collection of considerable interest to generalists and indispensable to those academics and practitioners that engage with international legal issues in relation to the region."—Dr Martins Paparinskis, Reader in Public International Law, University College London

"The expertise of Tom Grant regarding International Law and the post-Soviet Space is perfectly reflected in the present book collecting his main writings on the most topical and contemporary issues of that region. This is a definite must-read for anyone interested in grasping the intricacies of how international law is attempting to play its role in this particular region."—Julien Fouret, international dispute resolution specialist, BETTO SERAGLINI (Paris)

"Tom Grant's thoughtful writings address head-on one of the most intractable questions posed by international law: How to apply the standards governing the behavior of States to a State that refuses to adjust its behavior to those standards. In a fascinating series of studies of the legal issues presented by the dissolution of the Soviet Union, Dr. Grant ably traces the behavior of the Russian Federation as it seeks to re-establish the domination of adjacent territory achieved by the Soviet Union and the Russian Empire before it, and demonstrates chillingly how the Russian Federation has managed to skirt or to defy the norms of international law in each instance."—John M. Townsend, Partner and Co-chair, Arbitration Practice Group, Hughes Hubbard & Reed LLP

Contents:

Intro

Outline Contents-Volume II

Endorsements

Table of Abbreviations

Table of Cases

Table of Treaties and Other Instruments

Contents-Volume II

Part Three: Territorial Integrity and Its Challengers

Introduction

Chapter 6 Annexation of Crimea

I. Acts in two municipal legal orders

The putative emergence of a new State in Ukraine

Annexation in the Russian legal order

II. Self-determination and secession

Remedial secession and human rights in Crimea

Procedural conditions for secession

III. Crimea and the use of force

The Black Sea fleet agreements

Protection of nationals and/or co-ethnics abroad

Regional stability

Invitation

Use of force in aid of self determination

Invalidity of claims to territory based on force

IV. The international response to annexation

State practice

General Assembly Resolution 68/262

Consequences of non-recognition of the annexation of Crimea

V. Conclusion

Chapter 7 Three Years after Annexation: Of 'Frozen Conflicts' and How to Characterise Crimea

I. Introduction

II. Crimea 2014

III. Developments concerning Crimea since 2014

A. State and international organisation practice

B. The human rights situation

C. Preliminary examination by the Office of the Prosecutor of the International Criminal Court

IV. Crimea as an unlawful claim-but not a frozen conflict

A. Defining 'frozen conflict'

1. Legal problems associated with frozen conflicts but not distinguishing them as a class

2. The core criteria of 'frozen conflict'

B. Is Crimea a 'frozen conflict'?

1. Absence of armed hostilities between a State and separatists

2. Absence of a putative separatist entity

3. Absence of formal ceasefire lines

4. Absence of a dispute settlement process

Chapter 8 Frozen Conflicts and International Law.

Introduction

I. 'Frozen conflict': Etymology

A. State practice

B. International organisation practice

C. The expression 'frozen conflict' in dispute settlement proceedings

D. International law writers

E. International relations writers

II. Defining 'frozen conflict'

A. Four conflicts

1. Transdniestria

2. Nagorno-Karabakh

3. South Ossetia

4. Abkhazia

B. Seven characteristics of the frozen conflict

1. Hostilities between a State and separatists

2. Changes in effective control of territory as a result of hostilities

3. Lines of separation with effective stability

4. Lines of separation with (qualified) juridical stability

5. Self-determination claims associated with the establishment of a putative State

6. Non-recognition of the putative State

7. Settlement process (sporadic and inconclusive)

C. Legal problems associated with 'frozen conflicts'

1. International responsibility

a. International responsibility of a State sponsoring insurrectionists

b. International responsibility of the insurrectionists

2. Breach of ceasefire lines

3. Armed bands and mercenaries

4. Accession to international organizations

5. Relations with other States

6. Human rights claims

7. Displaced persons

8. Other legal problems arising out of frozen conflicts

III. Eastern Ukraine and the limits of 'frozen conflict'

Conclusion

Part Four: Intervention and International Law

Chapter 9 Armed Force in Aid of Secession

II. The putative separation of territory from Ukraine

1. The ultimum remedium and Ukraine's territories

A. When and how remedial secession would be available

B. Kosovo in extremis

C. Crimea, Donetsk, and Luhansk in the Ukrainian Legal Order

2. Agreed separations distinguished.

III. Self-determination and external use of force

1. Force, self-determination and the Friendly Relations Declaration

A. Forcible action, forcible response?

B. Support by force?

C. Regional custom and force in aid of self-determination?

2. Opposition groups in one state and aid from another

IV. Conclusion

Chapter 10 The Yanukovych Letter: Intervention and Authority to Invite in International Law

II. Intervention in international law

III. Authority to invite under the national constitution and international law

A. Foreign armed forces under Ukrainian law

B. Persons presumptively representing the State under international law

C. Violations of international law invalidating international consent

D. The effects of the invitation on internal legal order

E. Confirming the uncertain international act

IV. Recognition of the government in times of rebellion or other unrest

A. Constitutional government of the State

B. Administrative control in the State territory

C. Recognition

D. Further relevance of recognition in marginal situations

Chapter 11 Boundaries and Rights after 2014: Helsinki at a Crossroads

The territorial settlement and human rights in the Final Act

A twofold challenge to the Decalogue

Measures in support of human rights as unlawful intervention

Rejecting human rights as such

The rejection of the territorial settlement

Kosovo in Russia's legal argument

The new irredenta and the turn against human rights

Chapter 12 Intervention, Interveners, and Their More Subtle Means

A. The post-war peace and what it achieved

B. Challenges old, new, and not-so-new: The task today

C. The hybrid challenge and its significance to international law

(1) Fact-finding.

(2) Defining 'intervention'

(3) Attributing war by hybrid means

Part Five: Legal Proceedings and Unlawful Claims

Chapter 13 International Dispute Settlement in Response to an Unlawful Seizure of Territory: Three Mechanisms

II. The annexation of Crimea

III. The European Court of Human Rights

IV. The International Court of Justice

A. Instituting proceedings directly against the occupying power

B. Advisory jurisdiction

C. Lateral attack: A return to the Black Sea delimitation

V. Inter-state arbitration

A. Territorial disputes in BITs

B. Territory under the Ukraine-Russian Federation BIT

VI. Conclusion

Chapter 14 Crimea after Cyprus v Turkey: Just Satisfaction for Unlawful Annexation?

Chapter 15 Ukraine v Russian Federation in Light of Ilaşcu: Two Short Points

I. Responsibility notwithstanding lack of effective control

A. Possible convergence with other human rights institutions

B. Following the obligations to the International Court of Justice

C. Relevance in investment arbitrations

II. Resilience of rights in territory over time

Chapter 16 Boundaries, Their Challengers, and the Limits to Claim

A. Permeability and diversity in boundary regimes

B. One rule for all boundaries

C. The inadmissible territorial claim

D. Judicial and arbitral control over the inadmissible claim

Part Six: Non-Proliferation after Budapest

Chapter 17 The Budapest Memorandum of 5 December 1994: Political Engagement or Legal Obligation?

1. The law of (non)treaties: What rules apply?

2. The text of the Budapest Memorandum

3. Circumstances of the adoption of the Budapest Memorandum

4. Subsequent practice of the Memorandum Parties

5. Treaty registration

Conclusion.

Chapter 18 The Budapest Memorandum and Beyond: Have the Western Parties Breached a Legal Obligation?

I. Refraining from military counter-intervention as breach?

II. The obligations in the Budapest Memorandum

III. Non-proliferation as context, object and purpose: Budapest and the NPT

Index

Outline Contents-Volume I.

ISBN:

9783838272801

3838272803

Publisher Number:

9783838272801