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42. Crimea: Its Politics, Economy, and Resources
- Author:
- Yulia Tyshchenko
- Publication Date:
- 05-2015
- Content Type:
- Working Paper
- Institution:
- Arnold A. Saltzman Institute of War and Peace Studies
- Abstract:
- This article examines certain questions and challenges pertaining to the Russian Federation’s illegal annexation of Crimea in the domains of security and the violation of both property rights and human rights, abuses of which are systemic in the region. The issues I will discuss, pertaining to the illegal nationalization of private and state property in the annexed region of Ukraine, are problems that entangle the Russian Federation in complex land relations, which have the potential to fuel conflict. This article examines human rights violations linked with the annexation of the Crimea. Problems have arisen concerning the persecution of different ethnic and national groups—namely, Crimean Tatars and Ukrainians—by Crimean and Russian authorities. Currently, both Ukraine and the international community lack significant opportunities to influence Crimea’s politics and economy.
- Topic:
- Political Violence, Human Rights, International Political Economy, and International Security
- Political Geography:
- Russia, Ukraine, and Crimea
43. OSCE Principles in Practice: Testing Their Effect on Security Through the Work of Max van der Stoel, First High Commissioner on National Minorities 1993–2001
- Author:
- Marianna M. Yamamoto
- Publication Date:
- 01-2015
- Content Type:
- Working Paper
- Institution:
- Center for International and Security Studies at Maryland (CISSM)
- Abstract:
- This monograph tests the OSCE approach to security. The OSCE approach to security encompasses all areas that can cause tensions and conflict between States, and is the result of a sustained effort by almost all of the world’s democracies on how to achieve both security and individual freedom. An important basis of the OSCE security concept is that international security cannot be achieved without the protection and promotion of individual rights and freedoms. The study first extracts from official OSCE documents a set of principles designed to achieve international security, and then uses the work of the first OSCE High Commissioner on National Minorities (HCNM), Max van der Stoel, to test the effectiveness of the principles in practice. From 1993 to 2001, HCNM Max van der Stoel applied OSCE principles in cases involving minority tensions with a high potential for international conflict, and this experience provided the means to assess the practical effects on security when OSCE principles are implemented. The study examined three cases that involved potential conflict: Ukraine and separatism in Crimea; Estonia and tensions regarding the Russian minority; and Macedonia and tensions regarding the Albanian minority. The study found that in each of the three cases, the implementation of OSCE principles reduced national and international tensions involving minority issues, and increased security. The increase in security was seen within each State, between States, and in the region, and reduced the potential for conflict within and between OSCE States. The results were particularly significant in view of the instability, conflicts, and tensions of the post–Cold War period; the OSCE’s ongoing institutionalization during the period; and the limited resources and tools available to the OSCE and the HCNM. The study identified and articulated twenty OSCE security principles that addressed national and international security. The principles addressed the rights and responsibilities of State sovereignty; a comprehensive, cooperative, and common security approach; the prevention of security threats and the peaceful resolution of issues; the protection and promotion of individual rights and freedoms through democracy, the rule of law, and the market economy; rights and responsibilities pertaining to national minorities; the development and advancement of shared values; and processes and mechanisms. The monograph extended the research on the OSCE principles to express an OSCE security concept. The OSCE security concept is a security framework based on the idea that security depends on the development and implementation of principles guiding three areas: how States deal with each other and resolve problems; the protection and promotion of individual rights within States; and the processes and mechanisms to review and advance values, principles, and commitments. The study showed that the implementation of OSCE principles in Ukraine, Estonia, and Macedonia significantly increased security in those three countries and the OSCE region. The study found that the OSCE principles and the OSCE security concept constitute a significant body of thought and practice regarding security, and respect for the individual. The OSCE principles, the OSCE security concept, and the work of the High Commissioner on National Minorities merit further examination, development, and application to national security policy and practice. The application to national security policy and practice is relevant to all security threats and problems.
- Topic:
- Security, Cold War, International Cooperation, and Conflict
- Political Geography:
- Russia, Europe, Ukraine, Eastern Europe, Estonia, Macedonia, and Crimea
44. Lauri Mälksoo. Russian Approaches to International Law
- Author:
- Angelika Nussberger
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Modern international law of the 21st century seems to be characterized by a farewell to the Westphalian understanding of state sovereignty, by the empowerment of the individual and by transnational solutions to common problems in a globalized world. This overview, however, is not true for Russian international law. The ‘powerful idea of Russia’s civilizational distinctness from the West’ is underlying the post-Soviet practice in international law (at 190). This is the main thesis of Lauri Mälksoo’s study on ‘Russian approaches to international law’. Russia was different, Russia is different and Russia is proud of being different.
- Topic:
- International Law, Sovereignty, United Nations, History, and Intellectual History
- Political Geography:
- Russia, Europe, and Crimea
45. The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force
- Author:
- Erika de Wet
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitation of (former) President Yanukovych. Does the inviting authority need to enjoy democratic legitimacy and/or be in de facto control of a state’s territory? Furthermore, it remains highly contentious whether an invitation for forcible intervention may be extended during a civil war. By analysing modern state practice in Africa – where most of the contemporary invitations for military assistance occur – and comparing it with recent developments in other regions, the author concludes that effective control rather than democratic legitimacy is (still) the point of departure for determining the legitimate government of a state. Once recognized, incumbent governments enjoy a large discretion when inviting military assistance from foreign governments. They seem to retain the right to military assistance even in situations of civil war and while exercising limited control over the territory.
- Topic:
- International Law, Sovereignty, United Nations, and Military Intervention
- Political Geography:
- Africa, Russia, Europe, and Crimea