By Thomas D. Grant (auth.)

ISBN-10: 1137514647

ISBN-13: 9781137514646

ISBN-10: 1349703168

ISBN-13: 9781349703166

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Extra resources for Aggression against Ukraine: Territory, Responsibility, and International Law

Sample text

A great deal turns on the answer that we give. General Outline The present work is organized in three Parts. Part I, comprising Chapters 1, 2, and 3, addresses the seizure of territory in Ukraine by the Russian Federation and the Introduction M 9 emerging international response. Part II places those events in their wider context. It argues that the preservation of the territorial settlement among States—that is, the maintenance of the proposition that boundaries are not to be changed by force—is a foundational value of the international system.

In any event, the recognition of Crimea’s putative independence was short-lived. It was a step on the way to annexation. 28 Article 1, paragraph 1, of the Agreement provides for the “acceptance” of Crimea into the Russian Federation. Article 2 provides that Crimea and Sevastopol are “formed as new federative entities” of the Russian Federation. Article 9 applies the laws of the Russian Federation to Crimea. 30 The annexation of Crimea to the Russian Federation was formalized for purposes of Russian law in the Federal Constitutional Law of March 21, 2014, referred to above, the draft of which the State Duma had received two days before.

The annexation of territory from Ukraine, which the Russian Federation announced in March 2014, is one of the very few instances since 1945 in which a State has undertaken by force to impose a new territorial settlement. It is the first since 1945 in Europe. 7 It not only threatens a Member State of the United Nations, but it also threatens the system that the stability and finality of the territorial settlement for seventy years has enabled to thrive. It is a threat of a character that international lawyers had assumed would not arise again.

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Aggression against Ukraine: Territory, Responsibility, and International Law by Thomas D. Grant (auth.)

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