Ukraine, Crimea and New International Law

Balancing International Law with Arguments Drawn from History

Bibliographic Data

ID12779877
AuthorsPeter Hilpold (0000-0001-9947-3972, corresponding author)
Year2015
Volume14
Issue2
Pages237-270
Publication date2015-06-01
Open AccessNo
TypeARTICLE
VenueChinese Journal of International Law (JOURNAL)
Journal identifiersISSN: 1540-1650 • E-ISSN: 1746-9937
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/chinesejil/jmv011
OpenAlexW2338317421
LanguageEN
Citations received6

The Ukrainian crisis poses a new challenge of an extraordinary dimension to traditional international law. Many well-established concepts of international law have been put to the test. For some, in the wake of the Kosovo advisory opinion a new international law is in the making and the Ukrainian crisis is only a further episode in a longer lasting process pointing in the same direction. For others, the Ukraine case is absolutely particular and in this context historical considerations should prevail over legal dogmatism. It is argued here that traditional international law is very well suited to deal with the Ukraine case. It is further submitted that international law as it stands is flexible enough to cater to the needs of all parties involved. While the concept of territorial sovereignty is not negotiable, there are plenty of instruments and procedures available that should not only guarantee full protection of the Russian speaking groups within the Ukrainian State but also the actual promotion of their rights

Context (archaeology · Dimension (graph theory · Geography · International law · Municipal law · Political science · Politics · Sovereignty · State (computer science · Ukrainian · European and Russian Geopolitical Military Strategies · Global Peace and Security Dynamics · Post-Soviet Geopolitical Dynamics · Law

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