Journal Article

Ukraine, Crimea and New International Law: Balancing International Law with Arguments Drawn from History

Peter Hilpold

in Chinese Journal of International Law

Volume 14, issue 2, pages 237-270
Published in print June 2015 | ISSN: 1540-1650
Published online June 2015 | e-ISSN: 1746-9937 | DOI: https://dx.doi.org/10.1093/chinesejil/jmv011
Ukraine, Crimea and New International Law: Balancing International Law with Arguments Drawn from History

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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.

Journal Article.  16339 words. 

Subjects: International Law

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