The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force
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I Am Honoured to Have Been Invited Here to Deliver the Keynote Address
KEYNOTE ADDRESS BY H.E. MR. ABDULQAWI A. YUSUF, PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE I am honoured to have been invited here to deliver the keynote address, and I am particularly happy that my first speech before you as President of the International Court of Justice should be on the occasion of the 70th anniversary of the International Law Commission. As a judge of the International Court, but also first and foremost as an international lawyer, the work of the International Law Commission has played, and continues to play, a crucial role in my daily work. Your dedication and that of your predecessors has allowed the international legal system to develop into what it is today. For that, on behalf of international lawyers everywhere, I thank you. Of course, in the first rank of these international lawyers are my colleagues at the International Court of Justice, many of whom have passed through the Commission and have asked me to convey to you their congratulations on this 70th anniversary as well as their best wishes for the future. The theme of today’s celebration is “Drawing a Balance for the Future”, but I want to take a few minutes to look back into the past in order to understand the role that the International Law Commission has played over the past seven decades. This brings to mind an African proverb, which says: “If you want to know the end, look at the beginning.” The twentieth century was a time of particular upheaval for the international legal system. On the one hand, the century marked the evolution of the international law from a system that was applicable only among a small circle of European States to one that has a credible claim to be a universal legal system, one in which States from all corners of the globe participate. -
The EU and Belarus – a Relationship with Reservations Dr
BELARUS AND THE EU: FROM ISOLATION TOWARDS COOPERATION EDITED BY DR. HANS-GEORG WIECK AND STEPHAN MALERIUS VILNIUS 2011 UDK 327(476+4) Be-131 BELARUS AND THE EU: FROM ISOLATION TOWARDS COOPERATION Authors: Dr. Hans-Georg Wieck, Dr. Vitali Silitski, Dr. Kai-Olaf Lang, Dr. Martin Koopmann, Andrei Yahorau, Dr. Svetlana Matskevich, Valeri Fadeev, Dr. Andrei Kazakevich, Dr. Mikhail Pastukhou, Leonid Kalitenya, Alexander Chubrik Editors: Dr. Hans-Georg Wieck, Stephan Malerius This is a joint publication of the Centre for European Studies and the Konrad- Adenauer-Stiftung. This publication has received funding from the European Parliament. Sole responsibility for facts or opinions expressed in this publication rests with the authors. The Centre for European Studies, the Konrad-Adenauer- Stiftung and the European Parliament assume no responsibility either for the information contained in the publication or its subsequent use. ISBN 978-609-95320-1-1 © 2011, Konrad-Adenauer-Stiftung e.V., Sankt Augustin / Berlin © Front cover photo: Jan Brykczynski CONTENTS 5 | Consultancy PROJECT: BELARUS AND THE EU Dr. Hans-Georg Wieck 13 | BELARUS IN AN INTERnational CONTEXT Dr. Vitali Silitski 22 | THE EU and BELARUS – A Relationship WITH RESERvations Dr. Kai-Olaf Lang, Dr. Martin Koopmann 34 | CIVIL SOCIETY: AN analysis OF THE situation AND diRECTIONS FOR REFORM Andrei Yahorau 53 | Education IN BELARUS: REFORM AND COOPERation WITH THE EU Dr. Svetlana Matskevich 70 | State bodies, CONSTITUTIONAL REALITY AND FORMS OF RULE Valeri Fadeev 79 | JudiciaRY AND law -
Eurasian Union: the Real, the Imaginary and the Likely
CHAILLOT PAPER Nº 132 — September 2014 Eurasian Union: the real, the imaginary and the likely BY Nicu Popescu Chaillot Papers European Union Institute for Security Studies EU Institute for Security Studies 100, avenue de Suffren 75015 Paris http://www.iss.europa.eu Director: Antonio Missiroli © EU Institute for Security Studies, 2014. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. ISBN: 978-92-9198-247-9 ISSN: 1683-4917 QN-AA-14-002-EN-N DOI : 10.2815/42011 Published by the EU Institute for Security Studies and printed in Condé-sur-Noireau (France) by Corlet Imprimeur. Graphic design by Metropolis, Lisbon. EURASIAN UNION: THE REAL, THE IMAGINARY AND THE LIKELY Nicu Popescu CHAILLOT PAPERS September 2014 132 The author Nicu Popescu, Ph.D, is a Senior Analyst at the EUISS where he deals with EU-Russia relations and the post-Soviet space. He is the author of EU Foreign Policy and Post-Soviet Conflicts: Stealth Intervention (Routledge, 2011) and a former advisor to the Moldovan Prime Minister. European Union Institute for Security Studies Paris Director: Antonio Missiroli © EU Institute for Security Studies, 2014. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. Contents Foreword 5 Antonio Missiroli Introduction 7 The real Eurasia 9 1 Decision-making 11 Economics 11 Political commitment 13 The Russian debate 14 Russkii Mir vs Eurasia? 17 The geopolitical Eurasia 19 2 Deepening vs widening 19 The current members 20 The future members 22 The Chinese neighbour -
Draft Articles on Nationality of Natural Persons in Relation to the Succession of States with Commentaries 1999
Draft Articles on Nationality of Natural Persons in relation to the Succession of States with commentaries 1999 Text adopted by the International Law Commission at its fifty-first session, in 1999, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (at para. 48). The report, which also contains commentaries on the draft articles, appears in Yearbook of the International Law Commission, 1999, vol. II, Part Two. Copyright © United Nations 2005 Nationality in relation to the succession of States 23 (c) Have their habitual residence in a third State, and were born PREAMBLE in or, before leaving the predecessor State, had their last habitual residence in what has remained part of the territory of the prede- The General Assembly, cessor State or have any other appropriate connection with that State. Considering that problems of nationality arising from succession of States concern the international Article 26. Granting of the right of option by the predecessor and community, the successor States Emphasizing that nationality is essentially gov- Predecessor and successor States shall grant a right of option to erned by internal law within the limits set by interna- all persons concerned covered by the provisions of articles 24 and tional law, 25, paragraph 2, who are qualified to have the nationality of both the predecessor and successor States or of two or more successor Recognizing that in matters concerning nationality, States. due account should be taken both of the legitimate interests of States and those of individuals, 2. TEXT OF THE DRAFT ARTICLES WITH COMMENTARIES Recalling that the Universal Declaration of Human THERETO Rights of 1948 proclaimed the right of every person to a nationality, 48. -
The Statehood of 'Collapsed' States in Public International
Agenda Internacional Año XVIII, N° 29, 2011, pp. 121-174 ISSN 1027-6750 The statehood of ‘collapsed’ states in Public International Law Pablo Moscoso de la Cuba 1. Introduction Over the last few years the international community has been witnessing a phenomenon commonly referred to as ‘State failure’ or ‘State collapse’, which has featured the disintegration of governmental structures in association with grave and intense internal armed conflicts, to the point that the social organization of society what international law considers the government of the State, a legal condition for statehood – has almost, or in the case of Somalia totally, disappeared from the ground. Such a loss of effective control that the government exercises over the population and territory of the State – the other legal conditions for statehood – pose several complex international legal questions. First and foremost, from a formal perspective, the issue is raised of whether a State that looses one of its constitutive elements of statehood continues to be a State under International Law. Such a question may only be answered after considering the international legal conditions for statehood, as well as the way current international law has dealt with the creation, continuity and extinction of States. If entities suffering from State ‘failure’, ‘collapse’ or ‘disintegration’ and referred to as ‘failed’, ‘collapsed’ or ‘disintegrated’ States continue to be States in an international legal sense, then the juridical consequences that the lack of effective government create on their condition of States and their international legal personality have to be identified and analysed. Our point of departure will therefore be to analyze ‘State collapse’ and the ‘collapsed’ State from a formal, legal perspective, which will allow us to determine both whether 122 Pablo Moscoso de la Cuba the entities concerned continue to be States and the international legal consequences of such a phenomenon over the statehood of the concerned entities. -
The European Union Vs. the Eurasian Economic Union: “Integration Race 2.0”?
Przegląd Europejski vol. 2019, no. 3 doi: 10.5604/01.3001.0013.5846 The European Union vs. the Eurasian Economic Union: “integration race 2.0”? Andrey A. Kinyakin, Peoples’ Friendship University of Russia (RUDN), Universty of Potsdam ORCID ID: 0000-0003-4428-508X Svetlana Kucheriavaia, University of Warsaw ORCID ID: 0000-0002-7846-6893 Abstract One of the most remarkable features of regional development in Eurasia is the competition between the European Union (EU) and Russia within the so called “contested neighborhood”, e.g. the post- -Soviet space. Originated in the 1990s it gained the special momentum in 2000s after the beginning of the Russia-led “Eurasian integration process”, leading to the creation of the Eurasian Economic Union (EAEU) in 2015. That fact brought the competition between the EU and Russia to the new level, e.g. the “integration race”, which had the strong impact on the whole post-Soviet space. The most obvious outcome of that process is the outburst of the Ukrainian crisis in 2013, which on the one hand contributed to further exacerbation of the EU-Russia relations, on the other – it paved the way to elaboration of the new forms and tools of the integration activities. However, it failed to bring the “integration race” between the EU and the Russia-led EAEU to the standstill. Being in the latent “crystallisation” phase, this process goes further with the covert competition between the integration blocks. Its actors are not only the non-aligned post-Soviet states, but also the existing members of the integration structures. All the mentioned above factors makes the “new edition” of the “integration race” rather dangerous because further acceleration of such a competition can lead to the large-scale rivalry between the EU and the EAEU, which may cause unpredictable consequ- ences. -
The Russian-Belarusian Union and the Near Abroad
The Russian-Belarusian Union and the Near Abroad Dr. Kaare Dahl Martinsen Norwegian Institute for Defence Studies June 2002 Introduction Table of Contents INTRODUCTION 1 The model soviet republic 2 Enter Lukashenka 4 MILITARY INTEGRATION 7 Russian security concerns 9 Takeover of defence enterprises 10 Controversies over armaments exports 13 RUSSIAN SUBSIDIES 15 Cheating on trade 16 Gas transit 18 Polish reactions 19 REGIONAL IMPACT 23 Wavering resisters: Poland and Lithuania 23 Ukraine 25 Moldova 27 Western absence 29 SUMMING UP: RUSSIAN INTERESTS 33 Countering Russian influence 33 A more perfect Union? 35 Introduction Introduction Belarus has been transformed into a Russian military outpost. The process has been gradual. Since the early 1990s, the two countries have signed a number of co-operation agreements. All assert the two country’s equal status, but the outcome has been an incremental surrender of sovereignty to Moscow. In this process, integration of the two countries’ armed forces and the alignment of Belarus security policy with Russia’s have proceeded remarkably fast. A major step was the common Defence Doctrine for the Union agreed in October 1999.1 It contains the usual preamble asserting the equality of the two parties. Two years later when the Doctrine was to be amended, the Russian prime minister Kasyanov stated that the doctrine would be similar to the Russian with minor amendments reflecting Belarus status as a non-nuclear country.2 In April 2002, Russian defence minister Sergei Ivanov declared that the countries would merge their armed forces under the framework of the Belarus-Russian Union.3 Ivanov’s announcement is the most recent step in a process whereby the Belarusian leadership has agreed to Russian stationing of troops in the republic, usage of military installations, construction of new ones, and opening up for a Russian takeover of Belarusian defence enterprises. -
Going Regional the Russian Way: the Eurasian Economic Union Between Instrumentalism and Global Social Appropriateness
GR:EEN Working Paper Author: Diana Shendrikova, GR:EEN Visiting Researcher at ISPI – Italian Institute for international Political Studies Going regional the Russian way: The Eurasian Economic Union between instrumentalism and global social appropriateness Introduction In his A Russian idea (1946), the philosopher Alexander Berdyaev divided Russia’s history in five major epochs: “There is Kiev Russia, Russia during the Tatar invasion, Moscow Russia, Russia of Peter the Great, Soviet Russia. It is possible that there will be some other new Russia. Russia’s historical development has been catastrophic”1. Expanding Berdyaev’s periodization, the current stage of Russia’s history might be defined ‘Eurasian Russia’, at least to the extent that the country’s current foreign policy seems to be actually underpinned – if not utterly driven – by the willingness to embrace an epochal trend orienting its development. This sort of ‘manifest destiny’ hinges on the East/West divide that has constantly characterized the country’s identity – as well as the political agenda of its leaders, These powerful opposing pulls have often resulting in an ambition for a distinct ‘Russian way’, more or less consistently combined with the Eurasian perspective, bestowing on Russia the role of bridging between the Western European and Eastern cultures.2 1 Николай А. Бердяев, Русская идея. О России и русской философской культуре: философы русского послеоктябрьского зарубежья Nikolay A. Berdyaev, The Russian Idea: On Russia, Russian philosophical culture: philosophers of Russian post-October immigration, Moscow, 1990, Chapter I 2 See more: Marlèn Laruelle, L’ideologie eurasiste russe, ou comment penser l’empire, Paris, L'Harmattan, 1999;, Всеволод Н. -
Ethnic Violence in the Former Soviet Union Richard H
Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2011 Ethnic Violence in the Former Soviet Union Richard H. Hawley Jr. (Richard Howard) Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF SOCIAL SCIENCES ETHNIC VIOLENCE IN THE FORMER SOVIET UNION By RICHARD H. HAWLEY, JR. A Dissertation submitted to the Political Science Department in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Fall Semester, 2011 Richard H. Hawley, Jr. defended this dissertation on August 26, 2011. The members of the supervisory committee were: Heemin Kim Professor Directing Dissertation Jonathan Grant University Representative Dale Smith Committee Member Charles Barrilleaux Committee Member Lee Metcalf Committee Member The Graduate School has verified and approved the above-named committee members, and certifies that the dissertation has been approved in accordance with university requirements. ii To my father, Richard H. Hawley, Sr. and To my mother, Catherine S. Hawley (in loving memory) iii AKNOWLEDGEMENTS There are many people who made this dissertation possible, and I extend my heartfelt gratitude to all of them. Above all, I thank my committee chair, Dr. Heemin Kim, for his understanding, patience, guidance, and comments. Next, I extend my appreciation to Dr. Dale Smith, a committee member and department chair, for his encouragement to me throughout all of my years as a doctoral student at the Florida State University. I am grateful for the support and feedback of my other committee members, namely Dr. -
The Reservations to the Protocols Additional to the Geneva Conventions for the Protection of War Victims
International Review of the Red Cross, No. 849, March 2003, pp. 143-184. Faits et documents Reports and documents The reservations to the Protocols additional to the Geneva Conventions for the protection of war victims JULIE GAUDREAU* * Julie Gaudreau is a former staff member of the ICRC Advisory Service on International Humanitarian Law. On 8 June 1977, the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 1974-1977) adopted two protocols additional to the Geneva Conventions of 12 August 1949 for the protection of war victims. The Protocols have not yet attained the universality of the Geneva Conventions,1 but 160 States are nevertheless party to the Additional Protocol relating to the Protection of Victims of International Armed Conflicts (Protocol I), and 153 are party to the Additional Protocol relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The Additional Protocols undeniably enhanced international humanitarian law. The aim here is not to re-examine how – although this is discussed when relevant – but rather to draw up an inventory of all the reservations with which the Protocols have been encumbered.2 To date, 34 States have formulated nearly 150 unilateral declarations pertaining to Protocol I, whereas 13 States have formulated 13 declarations pertaining to Protocol II.3 This article endeavours to ascertain whether those declarations constitute true reservations and, if so, to assess their scope. Legal norms applicable to reservations to the Additional Protocols Like the Geneva Conventions, which they supplement, the Additional Protocols are silent on the subject of reservations. -
Materials on Succession 0Estates Documentation Concernant La Succession D'etats
ST/LEG/SER.B/ 14 105< MATERIALS ON SUCCESSION 0ESTATES Serie legislative des Nations Unies DOCUMENTATION CONCERNANT LA SUCCESSION D'ETATS UNITED NATIONS NATIONS UNIES (XJ /p.) I mled N at ions Legislative Series MATERIALS ON SUCCESSION OF STATES III Serie legislative des Nations Unies DOCUMENTATION CONCERNANT LA SUCCESSION D'ETATS UNITED NATIONS NATIONS UNIES New York, 1967 ST/LEG/SER.B/14 UNITED NATIONS PUBLICATION Sales Number: E/F.68. V. 5 Price: S U.S. 3.50 (or equivalent in other currencies) PUBLICATION DES NATIONS UNIES Nume'ro de vente: E/F.68. V. 5 Prix: 3,50 dollars des Etats-Unis (ou l'equivalent en monnaie du pays) iii INTRODUCTION The International Law Commission, at its fourteenth session held in 1962, included the "Succession of States and Governments" on its priority list of topics for codification and progressive development as re commended by the General Assembly in resolution 1686 (XVI) of 18 December 1961. For the use of the International Law Commission in its work on the topic and, in particular, to facilitate the task of the Special Rapporteur or Rapporteurs who might be eventually appointed, it was decided to collect legal materials relating to the existing practice of States on the matter. By circular notes dated 21 June and 27 July 1962 and 15 July 1963, the Secretary-General invited Governments of Member States to transmit to him the texts of any treaties, laws, decrees, regulations, decisions of national courts and copies of diplomatic correspondence, concerning the process of succession as it affects States which have at tained their independence since the Second World War. -
Certain Legal Aspects of Recognizing the People's Republic of China Hungdah Chiu
Case Western Reserve Journal of International Law Volume 11 | Issue 2 1979 Certain Legal Aspects of Recognizing the People's Republic of China Hungdah Chiu Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Hungdah Chiu, Certain Legal Aspects of Recognizing the People's Republic of China, 11 Case W. Res. J. Int'l L. 389 (1979) Available at: https://scholarlycommons.law.case.edu/jil/vol11/iss2/7 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Volume 11, Number 2, Spring 1979 Certain Legal Aspects of Recognizing the People's Republic of China by Hungdah Chiu* In this work the author assumes normalization as an established national policy of the United States, and analyzes practical considera- tions and legal problems relating to the implementation of the American normalization policy with the People's Republic of China. In particular, the author addresses questions relating to the current status of the 1972 Shanghai Communiqug, the legal aspects of a treaty termination with the Republic of China, the problem of frozen assets, the internationallegal status of Taiwan, and the international status of the Republic of China as affected by the recognition of the People's Republic of China. I. INTRODUCTION T HE SMALL NUMBER of published studies on legal aspects of normalization of relations with the People's Republic of China (PRC) deal primarily with the United States domestic legal problems concerning normalization.