Download or read book The Kosovo Precedent Directly Applicable to Abkhazia and South Ossetia written by Sebastian Schaeffer and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Precedents in the Mountains written by Rein Müllerson and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: International law, especially its customary part, evolves to a great extent through acts of State practice serving as precedents. If States do not want that their behaviour becomes law (i.e. if they prefer to act contrary to Kant's categorical imperative), they claim that certain acts of their behaviour are so unique, so peculiar that they must not be considered as contributing to the change of law (they express their opinio non juris). In the 1990s, the UN Security Council also found that only uniqueness of situations in Somalia, Haiti and Bosnia-Herzegovina justified the use of ldquo;all necessary meansrdquo; to deal with those situations. More recently, the recognition of the independence of Kosovo by a number of States and the recognition of Abkhazia and South Ossetia by Russia were described by recognizing States as being so unique, so sui generis that they could not serve as precedents. The article argues that the uniqueness, or parallels for that matter, is usually in the eye of the beholder. Whether certain situations, facts or acts serve as precedents depends to a great extent on whether one is interested in seeing them as precedents or not. People too often act upon their ideologies, beliefs and prejudices, not upon facts; the latter are interpreted in the light of preconceived ideas, or as Charles King, writing of the Georgia-Russian war, observes, ldquo;unfortunately, Western thinking of Russia has too often substituted analogy for analysisrdquo; (ldquo;Putin's March to the Seardquo;, Foreign Affairs, Vol. 87, No. 6, November-December 2008). Then this article proceeds to study in greater detail parallels and differences between Kosovo, on the one hand, and Abkhazia and South Ossetia, on the other. The study ends with an inquest into the matter of how different States (or categories of States) deal with secessionist problems.
Download or read book Kosovo Precedent Applicable in Many Parts of the World But Not Directly in the South Caucasus written by Dominik Tolksdorf and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing Security Threats along the EU s Eastern Flanks written by Rick Fawn and published by Springer Nature. This book was released on 2019-10-30 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses security threats and challenges to the European Union emanating from its eastern neighbourhood. The volume includes the expertise of policy and scholarly contributors coming from North America, Russia and Central Asia, and from across the EU. Themes and issues include the EU’s capacities and actorness, support from the United States, challenges from Russia, and a range of case studies including Ukraine, other post-Soviet conflicts, the Kurdish question, Central Asia, and terrorism and counter-terrorism. Authors identify current threats and place these challenges into necessary historical context. They offer long-term recommendations for actionable goals to achieve greater stability in this complex and volatile region. This work is explanatory and long-lasting, and will engage readers in the limits and possibilities of the EU in a challenging era and in its most vital and demanding geographic arena.
Download or read book Russia and its Near Neighbours written by M. Freire and published by Springer. This book was released on 2012-05-15 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russia has recently re-emerged as the dominant political, economic and military actor in former Soviet nations. Kanet and Freire bring together a stellar cast of contributors to consider Russia's recent return as a major regional and international actor and its likely future policy toward its neighbours.
Download or read book Kosovo A Precedent written by James Summers and published by BRILL. This book was released on 2011-08-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kosovo’s declaration of independence on 17 February 2008 has had a profound and polarising impact on international relations. While over a third of the world’s countries have recognised Kosovo, others have been concerned that it sets a precedent for secessionist minorities. Indeed, Kosovo appears to have been used as a precedent in the Russia-Georgia conflict over South Ossetia. The book brings together contributions from leading academics on the legal aspects of Kosovo and, in particular, the International Court of Justice’s Advisory Opinion of 2010. The result is an extensive examination from a variety of experts on Kosovo and its impact on international law.
Download or read book Conflict in Nagorno Karabakh Abkhazia and South Ossetia written by Tim Potier and published by BRILL. This book was released on 2021-12-28 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conflicts in the South Caucasus are now a decade old, but still appear impervious to solution. The hopes that independence raised have been dashed by an insidious cocktail of past and present regional hegemony, historical antipathy and Soviet planning. Armenia, Azerbaijan and Georgia, thus, continue to wait for their long awaited Spring. In a region where Western academic writing has focussed, during the last decade, almost exclusively on the dynamics of regional security and Great Power rivalry, even in the context of conflict, this volume provides an important and necessary legal appraisal of the possible processes and structures which may, ultimately, facilitate the finding of constitutional settlement in Nagorno-Karabakh, Abkhazia and South Ossetia. In the work, Tim Potier, an academic lawyer with much experience in the Caucasus, has written a powerful but dispassionate account which will prove not only to be of use to academics, diplomats and government officials working in the region, but also be of lasting value to the ongoing development of the international law on self-determination and autonomy. Dr Potier also considers the fate of what he prefers to term, `regionally non-dominant titular peoples'.
Download or read book The Right to Self determination Under International Law written by Milena Sterio and published by Routledge. This book was released on 2013 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
Download or read book Russia s Recognition of the Independence of Abkhazia and South Ossetia written by Nikoloz Samkharadze and published by BoD – Books on Demand. This book was released on 2021-05-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Russian Federation’s official acknowledgement of the independence of Abkhazia and South Ossetia in August 2008 has since been undermining both overall political stability in the Southern Caucasus in general and future perspectives of Georgia’s development in particular. Such recognition of new quasi-legal entities without consent of the parent state and a subsequent erosion of the principle of territorial integrity are pressing challenges in current world affairs. The Kremlin’s controversial 2008 decision continues to be an important bone of contention in Russian-Western relations. This study explores the emergence and recent transformation of modern norms of recognition, secession, and self-determination in international law. It traces the evolution of Soviet and Russian perspectives on the recognition of new states, and discusses overall Georgia-Russia relations in order to answer the question: Why did the Kremlin recognize Georgia’s two breakaway entities in contradiction to traditional Russian approaches to recognition? The author argues that Moscow’s deviant behavior vis-à-vis Tbilisi was caused by three major reasons, namely: the earlier recognition of Kosovo by many Western nations in disregard of Russia’s stance, the intention to prevent Georgia’s accession to NATO, and the necessity to legitimize a continued presence of Russian armed forces in Georgia’s two breakaway provinces.
Download or read book Principled Pragmatism in Practice written by Fabienne Bossuyt and published by BRILL. This book was released on 2021-04-06 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: By taking stock of the implementation of the EU’s Global Strategy and the five principles that are guiding EU-Russia relations, this volume contributes to a better understanding of the current EU-Russia relationship and the prospects for overcoming the existing deadlock.
Download or read book Self Determination and Secession in International Law written by Christian Walter and published by OUP Oxford. This book was released on 2014-06-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Download or read book International Law in a Multipolar World written by Matthew Happold and published by Routledge. This book was released on 2013-03 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of a multipolar world for the development of international law, including contributions from Nigel White, Alexander Orakhelashvili and Christian Pippan. The contributions explore issues including the use of force, governance, regionalism and the relevance of the UN, considering the relationship between power and law.
Download or read book Power Politics and State Formation in the Twentieth Century written by Bridget Coggins and published by Cambridge University Press. This book was released on 2014-04-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.
Download or read book The Guns of August 2008 written by Svante E. Cornell and published by Routledge. This book was released on 2015-01-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the summer of 2008, a conflict that appeared to have begun in the breakaway Georgian territory of South Ossetia rapidly escalated to become the most significant crisis in European security in a decade. The implications of the Russian-Georgian war will be understood differently depending on one's narrative of what transpired and perspective on the broader context. This book is designed to present the facts about the events of August 2008 along with comprehensive coverage of the background to those events. It brings together a wealth of expertise on the South Caucasus and Russian foreign policy, with contributions by Russian, Georgian, European, and American experts on the region.
Download or read book The Secession of States and Their Recognition in the Wake of Kosovo written by John Dugard and published by BRILL. This book was released on 2013-08-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).
Download or read book Deconstructing Self Determination in International Law written by Przemysław Tacik and published by BRILL. This book was released on 2023-07-17 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Download or read book The Western Balkans in the World written by Florian Bieber and published by Routledge. This book was released on 2019-06-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed understanding of how different types of engagements impact upon the reform and EU integration of the Western Balkan region. It examines the influence of Russia, China, Turkey and the UAE in the region and analyses the range of existing links. Contributors offer an academic and multifaceted perspective of the role of external and non-Western actors in the region that goes beyond, on the one hand, the tendency of some Western decision makers to perceive all engagement by third powers as a sinister threat and, on the other, the view of regional governments of all external involvement as a boon coming at a time of Western neglect and reduced foreign investments. By looking at the importance of Russia, Turkey, China and the UAE in the Western Balkans, the book sheds light on one key arena of global competition, offers new insights on the strengths and weaknesses of Euro–Atlantic integration and advances our knowledge of foreign policy and its economic, social and security dimensions for small and medium-sized countries. It will be of interest to academics, postgraduate and research students, and think-tankers with research interest in IR and Southeast European Studies. European decision makers will also gain an insight into the extent of non-Western influence in the region.
