Science of international law in the post-Soviet space

10.12737/3599 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 57-65
Author(s):  
Григорий Стародубцев ◽  
Grigoriy Starodubtsyev

The article is dedicated to review of scientific and educational literature on the theory of international law during the period from 1991 to the present time. The article covers the main trends of studying and researching of problems of international law in Russia as well as in former Soviet republics, which today are independent States.

2021 ◽  
Vol 12 (1) ◽  
pp. 46-56
Author(s):  
Irina Busygina ◽  
Mikhail Filippov

In this article, we explore the inherent trade-offs and inconsistencies of Russia’s policies toward the post-Soviet space. We argue that attempts to rebuild an image of Russia as a “great power” have actually led to a reduction of Russian influence in the post-Soviet region. The more Russia acted as a “Great Power,” the less credible was its promise to respect the national sovereignty of the former Soviet republics. In 2011, Vladimir Putin declared that during his next term as president, his goal would be to establish a powerful supra-national Eurasian Union capable of becoming one of the poles in a multipolar world. However, Russia’s attempt to force Ukraine to join the Eurasian Union provoked the 2014 crisis. The Ukrainian crisis has de-facto completed the separation of Ukraine and Russia and made successful post-Soviet re-integration around Russia improbable.


2021 ◽  
Vol 67 (1) ◽  
pp. 8-26
Author(s):  
Johannes Socher

As a concept of international law, the right to self-determination is widely renowned for its unclarity. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or ‘domesticate’ the nationalist conception by limiting it to ‘abnormal’ situations, i.e. to colonialism in the sense of ‘alien subjugation, domination and exploitation’. Essentially, this distinction between ‘normal’ and ‘abnormal’ situations has since been the heart of the matter in the legal discourse on the right to self-determination, with the important qualification regarding the need to preserve existing borders. This study situates Russia’s approach to the right to self- determination in that discourse by way of a regional comparison vis-à-vis a ‘western’ or European perspective, and a temporal comparison with the former Soviet doctrine of international law. Against the background of the Soviet Union’s role in the evolution of the right to self-determination, the bulk of the study analyses Russia’s relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Complemented by a review of the Russian scholarship on the topic, it is suggested that Russia’s approach to the right to self-determination may be best understood not only in terms of power politics disguised as legal rhetoric, but can be seen as evidence of traits of a regional (re-)fragmentation of international law.


Author(s):  
N. Shumskii

For 20 years after the collapse of the USSR the post-Soviet countries, for the most part, turned into the independent states. So, it is not surprising that each of them has its own policy, posts and defends its own interests. The strive to preserve independence, to modernize the economy and to improve the living standards of the population remains the main driving force of interaction between the former Soviet republics within the Commonwealth of Independent States. The CIS serves as the main systemic structure in the post-Soviet space that allows the member states to harmonize their positions and, with varying degrees of effectiveness, to solve common problems. CIS provides more certainty than the regional grouping of states of the CIS. While assessing the results of different integration projects at the post-Soviet space, it can be concluded that until now Belarus and Russia fail to create a viable Union State. The Eurasian Economic Community (G5) is also far from the establishment of a customs union and an unified economic space. The fate of the Customs Union of three states (Belarus, Kazakhstan and Russia) will be defined in the upcoming years in the context of the enormous challenges of creating a common market for goods, services, capital and labor.


Author(s):  
Johannes Socher

As a concept of international law, the right to self-determination is widely renowned for its lack of clarity. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or ‘domesticate’ the nationalist conception by limiting it to ‘abnormal’ situations, that is to colonialism in the sense of ‘alien subjugation, domination and exploitation’. Essentially, this distinction between ‘normal’ and ‘abnormal’ situations has since, the distinction was made, been the heart of the matter in the legal discourse on the right to self-determination, with the important qualification regarding the need to preserve existing borders. This book situates Russia’s approach to the right to self-determination in that discourse by way of a regional comparison vis-à-vis a ‘Western’ or European perspective, and a temporal comparison with the former Soviet doctrine of international law. Against the background of the Soviet Union’s role in the evolution of the right to self-determination, the bulk of the book analyses Russia’s relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation, illustrated by a total of seven case studies on the conflicts over Abkhazia, Chechnya, Crimea, Nagorno-Karabakh, South Ossetia, Tatarstan, and Transnistria. Complemented by a review of the Russian scholarship on the right to self-determination, it is suggested that Russia’s approach may be best understood not only in terms of power politics disguised as legal rhetoric, but can be seen as evidence of traits of a regional (re-)fragmentation of international law.


Global Jurist ◽  
2009 ◽  
Vol 9 (2) ◽  
pp. 1-35 ◽  
Author(s):  
John D Haskell ◽  
Boris N. Mamlyuk

In the context of international law, “transitology" is often used to describe the literature surrounding the former Soviet Union (fSU) and the subsequent reform attempts by Western and Eastern/Central European market reformers. While it is often acknowledged there have been other “waves" of transition, this literature typically asserts that the situation in the fSU is somehow distinct in human history, and thus, to a large extent, unmixable with other past “transition" histories. Likewise, the story of the Soviet Union's dissolution, and the subsequent reforms in its aftermath, largely avoid the radar of critical colonial discourses. In short, there is almost no effort to link the fSU to the 19th century colonial project of Western European states, in particular the story of informal empire. This article seeks to re-frame the post-communist transition debate in terms of the broader international challenges of decolonization, “neo-colonialism," and informal empire building in the West, the former Soviet Union, as well as between the two in the post Soviet space.


2014 ◽  
Vol 42 (1) ◽  
pp. 1-7 ◽  
Author(s):  
Yulia Nikitina

Most studies of the post-Soviet space often explicitly or implicitly analyze Russia not as a new independent state but as the political successor of the USSR, thereby almost automatically leading to conclusions about Russian neo-imperialism. This paper explains how distorted discourses on the Soviet legacy originated and how they obstruct equal relations between Russia and other former Soviet republics using the example of the Baltic states.


2021 ◽  
Vol 8 (2) ◽  
pp. 228-243
Author(s):  
Tero Lundstedt

Has Russian international law doctrine changed in relation to the post-Soviet states since the annexation of Crimea? This paper analyses two interdependent concepts of the contemporary Russian international law doctrine - the ‘color revolutions’ and the ‘destruction of statehood’ - in the context of geopolitical competition over the post-Soviet space. In brief, the term color revolution is used by Russia to describe events that it categorizes as illegal regime-changes used to remove pro-Russian politicians from power under the guise of democracy. In the same context, Russia has developed another key concept, i.e. the ‘destruction of statehood’. First referred to in 2008, it has since 2014 become a more encompassing and innovative legal doctrine to counter color revolutions in Russia’s neighboring states. Under this doctrine, Russia reserves a right to ‘un-recognize’ a target state if it categorizes the situation as an illegal regime change that has destroyed the target’s statehood. Controversially, this results in Russia no longer being bound by its treaty obligations with this state. Especially since 2014, Russia has developed political and legal tools in multilateral documents to counter future color revolutions. While it has been unable to convince the international community to accept its new interpretations, it has been more successful within its closest allies in the Collective Security Treaty Organization (CSTO) and, to a lesser extent, in the Commonwealth of Independent States (CIS). This may have significant political consequences in the future. 


2018 ◽  
Vol 43 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Cindy Wittke

With the incorporation of the Crimean Peninsula into Russian territory, the armed conflict in Eastern Ukraine and the temporary formation of the confederation of Novorossiia (New Russia), the international community of states has been witness to complex processes of reimagining territories, boundaries, citizenship, and fragmented sovereignties in the post-Soviet space. In its foreign policy agenda, Russia conceptualizes all former Soviet republics as the ‘Near Abroad’, a special sphere of its interests and influence. This paper explores Russia’s use of the vocabulary of international law to legitimize its interventions in the Near Abroad, which is connected to the ‘Russkii Mir’ (Russian World), another foreign policy concept that resonates with ideas of Neo-Eurasianism and the Fourth Political Theory and with the creation of a Eurasian space as a counter-concept to the West. Russia and its conceptualized antagonist, the West, take positions on public international (legal) front lines, evoking counter-narratives concerning their understandings of the meaning of the vocabulary of international law and politics, the regulation of international relations, and the foundations of world order. These clashes leave observers wondering: Russia may instrumentalize and manipulate the vocabulary of geopolitics, international law, and politics, but what if these clashes are also rooted in different imaginaries of international law and politics? Against this background, this article aims to develop conceptual approaches to further investigate and gain a better understanding of the complex dimensions of the clashes between Russian and Western counter-narratives and discourses concerning the meanings and functions of basic principles of international law and politics as powerful societal regulative imaginaries.


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