HOW TO RESOLVE THE TERRITORIAL CONFLICTS IN UKRAINE: UTI POSSIDETIS JURIS AND AN INTERNATIONAL LAW-BASED PROPOSAL FOR POWER-SHARING

被引:1
作者
Lundstedt, Tero [1 ]
机构
[1] Erik Castren Inst Int Law & Human Rights, Helsinki, Finland
来源
POLISH YEARBOOK OF INTERNATIONAL LAW | 2021年 / 41卷
关键词
international law; Russia; Ukraine; Crimea; territorial conflicts;
D O I
10.24425/PYIL.2022.142345
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In this article, I present a proposal foran international law-based formula for mediating territorial conflicts and apply it to the case of Crimea in Ukraine. Although the tragic Russian attack which commenced on 24 February 2022 has made the mediation even more difficult, once a ceasefire is achieved my formula is capable of providing legally solid compromises to the Ukrainian territorial questions that fit into the contemporary international legal framework concerning territory. Naturally, any realistic solution will require concessions on the part of all stakeholders (primarily Crimea, Ukraine, and Russia). In short, the formula offers for Ukraine the return of its territorial integrity, for Crimea internal self-determination in the form of a meaningful territorial autonomy, and for Russia a few indirect perks and guarantees, mostly related to a possible demilitarization of the Crimean Peninsula. The analysis can also be useful for Donbas, for which the formula offers recognition of some limited autonomous rights.
引用
收藏
页码:163 / 191
页数:29
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