International Law And The Post Soviet Space
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Author | : Johannes Socher |
Publisher | : Oxford University Press |
Total Pages | : 289 |
Release | : 2021-06-17 |
Genre | : Law |
ISBN | : 0192651722 |
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.
Author | : Martti Koskenniemi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 413 |
Release | : 2011-06-10 |
Genre | : Law |
ISBN | : 1847317766 |
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Author | : Lauri Mälksoo |
Publisher | : Academic |
Total Pages | : 241 |
Release | : 2015 |
Genre | : History |
ISBN | : 0198723040 |
Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
Author | : Cynthia M. Horne |
Publisher | : Cambridge University Press |
Total Pages | : 442 |
Release | : 2018-02-22 |
Genre | : Law |
ISBN | : 1108195822 |
In the twenty-five years since the Soviet Union was dismantled, the countries of the former Soviet Union have faced different circumstances and responded differently to the need to redress and acknowledge the communist past and the suffering of their people. While some have adopted transitional justice and accountability measures, others have chosen to reject them; these choices have directly affected state building and societal reconciliation efforts. This is the most comprehensive account to date of post-Soviet efforts to address, distort, ignore, or recast the past through the use, manipulation, and obstruction of transitional justice measures and memory politics initiatives. Editors Cynthia M. Horne and Lavinia Stan have gathered contributions by top scholars in the field, allowing the disparate post-communist studies and transitional justice scholarly communities to come together and reflect on the past and its implications for the future of the region.
Author | : Cindy Wittke |
Publisher | : Taylor & Francis |
Total Pages | : 119 |
Release | : 2022-08-18 |
Genre | : Political Science |
ISBN | : 1000641120 |
Instead of resurrecting old images and nourishing new narratives about a ‘New Cold War’, Post-Soviet Conflict Potentials features politically and legally oriented critical investigations into conflict potentials and dynamics in the post-Soviet region and beyond. Contributions coming from the disciplinary perspectives of international relations, international law, and comparative political science are linked to investigations dealing with international, transnational, regional and local levels of the dynamics between conflict and cooperation in the region. Despite the diversity of perspectives, the authors of this volume take a shared critical view on an alleged ‘New Cold War’ as their point of departure, observing that contemporary post-Soviet conflict potentials are produced through various discursive practices ranging from intentional choices of belligerent language to unintentional misinterpretations. The chapters in this volume seek to shed light on conflict potentials from different angles as well as on processes that increase or decrease the probability of political and violent conflicts in the post-Soviet region. Together, the authors offer individual and shared outside-the-box approaches to the study of conflict dynamics and potentials in the post-Soviet space. The book draws connections to conflict potentials on the cross-regional and global levels, providing varied perspectives on what can be learned in and from the post-Soviet region. The chapters in this book were originally published as a special issue of Europe-Asia Studies.
Author | : K. Malfliet |
Publisher | : Springer |
Total Pages | : 263 |
Release | : 2007-05-10 |
Genre | : Political Science |
ISBN | : 0230210996 |
This book focuses on the difficulties facing Russia, Ukraine and Belarus with regard to their integration into both the CIS and the encroaching EU. It analyzes the links between the integration mechanisms of the CIS and EU and the various state policies towards, and the elite interests in, the territory of the former Soviet Union.
Author | : Matthew Craven |
Publisher | : Cambridge University Press |
Total Pages | : 615 |
Release | : 2020 |
Genre | : History |
ISBN | : 110849918X |
This is the first book to examine in detail the relationship between the Cold War and International Law.
Author | : Júlia Miklasová |
Publisher | : BRILL |
Total Pages | : 757 |
Release | : 2024-08-29 |
Genre | : Law |
ISBN | : 9004702644 |
The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.
Author | : Ammon Cheskin |
Publisher | : Routledge |
Total Pages | : 226 |
Release | : 2021-05-13 |
Genre | : Language Arts & Disciplines |
ISBN | : 100033080X |
In the wake of Russia’s annexation of Crimea, this volume examines the relationship Russia has with its so-called ‘compatriots abroad’. Based on research from Belarus, Estonia, Kazakhstan, Latvia and Ukraine, the authors examine complex relationships between these individuals, their home states, and the Russian Federation. Russia stands out globally as a leading sponsor of kin-state nationalism, vociferously claiming to defend the interests of its so-called diaspora, especially the tens of millions of ethnic Russians and Russian speakers who reside in the countries that were once part of the Soviet Union. However, this volume shifts focus away from the assertive diaspora politics of the Russian state, towards the actual groups of Russian speakers in the post-Soviet space themselves. In a series of empirically grounded studies, the authors examine complex relationships between ‘Russians’, their home-states and the Russian Federation. Using evidence from Belarus, Estonia, Kazakhstan, Latvia, and Ukraine, the findings demonstrate multifaceted levels of belonging and estrangement with spaces associated with Russia and the new, independent states in which Russian speakers live. By focusing on language, media, politics, identity and quotidian interactions, this collection provides a wealth of material to help understand contemporary kin-state policies and their impact on group identities and behaviour. The chapters in this book were originally published as a special issue of Europe-Asia Studies.
Author | : Rico Isaacs |
Publisher | : Routledge |
Total Pages | : 370 |
Release | : 2016-04-14 |
Genre | : Political Science |
ISBN | : 1317090187 |
Nation-building as a process is never complete and issues related to identity, nation, state and regime-building are recurrent in the post-Soviet region. This comparative, inter-disciplinary volume explores how nation-building tools emerged and evolved over the last twenty years. Featuring in-depth case studies from countries throughout the post-Soviet space it compares various aspects of nation-building and identity formation projects. Approaching the issue from a variety of disciplines, and geographical areas, contributors illustrate chapter by chapter how different state and non-state actors utilise traditional instruments of nation-construction in new ways while also developing non-traditional tools and strategies to provide a contemporary account of how nation-formation efforts evolve and diverge.