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The book examines Crimeas case and its accession to the Russian Federation (RF) in light of the Kosovo independence. It relies on academic sources including journals and archives from the Soviet Union, RF, Ukraine, Former Yugoslavia, Serbia, and Kosovo as well as current media sources in light of the continuing evolution of the Crimean situation.
It is increasingly suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise as ultimum remedium in case of serious injustices suffered by a people. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession.
The war in Kosovo was a turning point: NATO deployed its armed forces in war for the first time, and placed the controversial doctrine of 'humanitarian intervention' squarely in the world's eye. It was an armed intervention for the purpose of implementing Security Council resolutions-but without Security Council authorization.This report tries to answer a number of burning questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict, as well as focusing on the capacity of the United Nations to act as global peacekeeper.The Commission recommends a new status for Kosovo, 'conditional independence', with the goal of lasting peace and security for Kosovo-and for the Balkan region in general. But many of the conslusions may be beneficially applied to conflicts the world-over.
The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.
In this deeply researched book Ted Hopf challenges contemporary theorizing about international relations. He advances what he believes is a commonsensical notion: a state's domestic identity has an enormous effect on its international policies. Hopf argues that foreign policy elites are inextricably bound to their own societies; in order to understand other states, they must first understand themselves. To comprehend Russian and Soviet foreign policy, "it is just as important to read what is being consumed on the Moscow subway as it is to conduct research in the Foreign Ministry archives," the author says.Hopf recreates the major currents in Russian/Soviet identity, reconstructing the "identity topographies" of two profoundly important years, 1955 and 1999. To provide insights about how Russians made sense of themselves in the post-Stalinist and late Yeltsin periods, he not only uses daily newspapers and official discourse, but also delves into works intended for mass consumption--popular novels, film reviews, ethnographic journals, high school textbooks, and memoirs. He explains how the different identities expressed in these varied materials shaped the worldviews of Soviet and Russian decisionmakers. Hopf finds that continuous renegotiations and clashes among competing domestic visions of national identity had a profound effect on Soviet and Russian foreign policy. Broadly speaking, Hopf shows that all international politics begins at home.
This report assesses the annexation of Crimea by Russia (February–March 2014) and the early phases of political mobilization and combat operations in Eastern Ukraine (late February–late May 2014). It examines Russia’s approach, draws inferences from Moscow’s intentions, and evaluates the likelihood of such methods being used again elsewhere.
An insider’s account of the complex relations between the United States and post-Soviet Ukraine The Eagle and the Trident provides the first comprehensive account of the development of U.S. diplomatic relations with an independent Ukraine, covering the years 1992 through 2004 following the collapse of the Soviet Union. The United States devoted greater attention to Ukraine than any other post-Soviet state (except Russia) after the breakup of the Soviet Union. Steven Pifer, a career Foreign Service officer, worked on U.S.-Ukraine relations at the State Department and the White House during that period and also served as ambassador to Ukraine. With this volume he has written the definitive narrative of the ups and downs in the relationship between Washington and newly independent Ukraine. The relationship between the two countries moved from heady days in the mid- 1990s, when they declared a strategic partnership, to troubled times after 2002. During the period covered by the book, the United States generally succeeded in its major goals in Ukraine, notably the safe transfer of nearly 2,000 strategic nuclear weapons left there after the Soviet collapse. Washington also provided robust support for Ukraine’s effort to develop into a modern, democratic, market-oriented state. But these efforts aimed at reforming the state proved only modestly successful, leaving a nation that was not resilient enough to stand up to Russian aggression in Crimea in 2014. The author reflects on what worked and what did not work in the various U.S. approaches toward Ukraine. He also offers a practitioner’s recommendations for current U.S. policies in the context of ongoing uncertainty about the political stability of Ukraine and Russia’s long-term intentions toward its smaller but important neighbor.