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1. The Constitutional Process in Ukraine: Issues in Play

Author:
Dominik Tolksdorf
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Ukraine's weak rule of law and widespread corruption and nepotism, combined with growing concerns over a shift toward authoritarianism under President Victor Yanukovych, were among the key factors that triggered the Maidan protests. Many political conflicts and failures of governance in Ukraine are rooted in the weakness of the political and judicial system, including shifts in constitutional powers, over-centralization of administrative structures and a lack of judicial independence. The interim government should promote an inclusive, participatory and transparent constitutional process. Such a process could help de-escalate the current conflict and build confidence in the central government and its willingness to integrate all constituencies into Ukraine's political system.
Topic:
Conflict Prevention, Government, Sovereignty, Political Theory, and Reform
Political Geography:
Ukraine

2. The Kosovo precedent - Applicable in Many Parts of the World, But Not Directly in the South Caucasus

Author:
Dominik Tolksdorf
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
The Caucasian Review of International Affairs
Institution:
The Caucasian Review of International Affairs
Abstract:
When it recognized the independence of South Ossetia and Abkhazia in August 2008, Russia implicitly referred to the independence of the Republic of Kosovo, which was recognized by most of the EU member states and by a total of 54 states of the 192 UN member states by January 2009. But is it really feasible to compare the two cases with each other? What arguments has "the West" used in order to justify the recognition of Kosovo? What legal arguments are there to justify the Russian position? This paper will take a closer look at the argumentation on both sides of the debate before it will analyse the reasons for the fact that a large number of states have so far rejected the idea of acknowledging Kosovo, South Ossetia and Abkhazia. The paper will conclude that for specific reasons, it is difficult to argue that the recognition of Kosovo's independence set a clear precedent for the two breakaway provinces of Georgia. However, Kosovo might have set a precedent for more reasonable cases, which explains much better why the process of Kosovo's recognition has come to a standstill. This is no good news for the government in Prishtina, which needs further recognition in order to become a member of various international organisations.
Topic:
International Organization
Political Geography:
Russia, Kosovo, Georgia, South Caucasus, South Ossetia, and Abkhazia