International Law and the Post-Soviet Space I : Essays on Chechnya and the Baltic States / 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 ; 199.

Soviet and Post-Soviet Politics and Society 199

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 (453 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:

The region that once comprised the Soviet Union has been the scene of crises with serious implications for international law. Some of these, like the separatist conflict in Chechnya, date to the time of the dissolution of the USSR. Others, like Russia’s forcible annexation of Crimea and intervention in Ukraine’s Donbas, erupted years later. The seizure of Estonia, Latvia, and Lithuania, which took place long before, would trouble Soviet-western relations for the Cold War’s duration and gained new relevance when the Baltic States re-emerged in the 1990s. The fate of Ukraine notwithstanding, the Budapest Memorandum of 1994 complicates future efforts at nuclear non-proliferation. Legal proceedings in connection with events in the post-Soviet space brought before the International Court of Justice and under investment treaties or the UN Convention on the Law of the Sea may be steps toward the resolution of recent crises—or tests of the resiliency of modern international law.

"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 I

Foreword by Stephen M. Schwebel

Table of Abbreviations

Table of Cases

Table of Treaties and Other Instruments

Contents-Volume I

Author's Preface

Finding international law as a whole: The particular, the parochial, and the disputed

Why a generalist international lawyer's view of the post-Soviet space?

Works in context-and a work in progress

Acknowledgements

Part One: Chechnya in the Russian Federation

Introduction

Chapter 1 Chechnya

A. Historical background

1. Geography and people

2. The arrival of Russia and early resistance

3. Soviet period and mass deportation

4. Collapse of the USSR and the separation of Chechnya

5. The Chechen wars

B. Putative statehood

1. The Chechen claim to independence

2. Territorial integrity and non-recognition of the independence claim

3. Ceasefire accords

4. Other effects in international relations and international law

5. Present situation and status of Chechnya in the Russian Federation

C. Human rights and humanitarian law in the Chechen conflict

1. Council of Europe

2. The OSCE mission

3. UN subsidiary organs, treaty organs, and thematic rapporteurs

4. State practice

5. Chechnya in the European Court of Human Rights

D. Conclusion

Select Bibliography

Select Documents

Chapter 2 A Panel of Experts for Chechnya: Purposes and Prospects in Light of International Law

1. Introduction

2. Chechnya before Russia

2.1 Land and people

2.2 Claimants to authority

3. Russia in Chechnya and Chechen responses

3.1 Early Russian involvement

3.2 Chechen resistance

3.3 The nineteenth-century Chechen state as response to Russia

3.4 External affairs of nineteenth-century Chechnya

3.5 Russian power in Chechnya in the twentieth century.

4. Consequences of a determination of non-acquisition

4.1 Process of independence of Russia

4.2 Process of independence of the other eleven non-Russian republics

4.3 Process of independence of the Baltic republics

5. Russia and the Territory of Chechnya

5.1 Prescription

5.2 Prescription, Russia, and Chechnya

5.2.1 Duration

5.2.2 Protest by competing claimant to title

5.2.3 Protest by third States

5.3 Illegal use of force: A root of title?

5.3.1 Modern rejection of force as root of title

5.3.2 Intertemporal law and earlier views of force and territorial acquisition

5.4 Self-determination and territorial integrity

6. Conclusion

Chapter 3 Afghanistan Recognises Chechnya

I. International legal status of the Taliban regime

II. Recognition from the margins: Earlier examples

III. Diplomatic measures to deter recognition

IV. Human rights and humanitarian law

V. Humanitarian recognition

A. Why recognise a State?

B. Recognising humanitarian concern: Biafra and other cases

C. Recognition as assistance

Conclusion: Recognition and solidarity

Part Two: The Baltic States

Chapter 4 The Welles Declaration at Seventy-Five: Non-Recognition, Continuity, and New Challenges to International Law

A. Recognition as decentralised response to change

B. Non-recognition as response to unlawful change

C. The Welles Declaration as antecedent to today's nonrecognition

D. Non-recognition and State responsibility

E. Fulfilling non-recognition then and now

Conclusion

Chapter 5 United States Practice Relating to the Baltic States, 1940-2000

2. Baltic independence

3. Soviet annexation and United States reaction

4. Non-recognition and the Cold War

4.1. Introduction.

4.2. Formal observance of Baltic independence

4.3. The Baltic legations

4.4. Restoration and United States practice

5. United States practice in the United Nations

6. Territorial status and individual rights: Competing agendas?

6.1. Introduction

6.2. 'Absolute' non-recognition

6.3. War crimes and non-recognition

6.4. 'Qualified' non-recognition: Origins and practice

6.5. Territorial status in an era of human rights

7. Independence redux, statehood restored

8. Conclusions

ANNEX: Treaties in Force between the United States of America and the Baltic States

Estonia

Latvia

Lithuania

Index

Outline Contents-Volume II.

ISBN:

9783838272795

383827279X

Publisher Number:

9783838272795