International Law: Russia's Instrument for Acquiring State Interests Item Type text; Electronic Thesis Authors Korns, Samantha Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction, presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 01/10/2021 12:31:47 Link to Item http://hdl.handle.net/10150/641732 1 INTERNATIONAL LAW: RUSSIA’S INSTRUMENT FOR ACQUIRING STATE INTERESTS by Samantha Korns ____________________________ Copyright © Samantha Korns 2020 A Thesis Submitted to the Faculty of the DEPARTMENT OF RUSSIAN AND SLAVIC STUDIES In Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS In the Graduate College THE UNIVERSITY OF ARIZONA 2020 2 THE UNIVERSITY OF ARIZONA GRADUATE COLLEGE As members of the Master’s Committee, we certify that we have read the thesis prepared by Samantha Korns, titled International Law: Russia’s Instrument for Acquiring State Interests, and recommend that it be accepted as fulfilling the dissertation requirement for the Master’s Degree. 3 Table of Contents Abstract………………………………………………………………………………………..…5 Introduction…………………………………………………………………………………..….6 Historical Overview of International Law………………………………………………..7 Domestic Law in Russia…………………………………………………………………10 International Law in Imperial, Soviet, and Post-Soviet Contexts……………………….13 Chapter 1: Literature Review………………………………………………………………….20 Russian Law: A Historical Overview………………………………………...……….....21 Russia’s Approach to International Law………………………………………………...22 Russian Views of the International Order……………………………………………….26 Conclusion……………………………………………………………………………… 28 Chapter 2, Crimea: International Law and the Violation of Statehood……………………30 Introduction……………………………………………………………………………...30 History of Ukraine and Russian Tension……………………………………………….. 31 The Political Catalyst: Ukraine in the Cross-Roads between Russia and the West…….33 Why Did Russia Annex Crimea? Putin’s Position…………………...………………… 35 The European Union’s Perspective of the Annexation of Crimea……………………… 38 Military Intervention in Crimea………………………………………………………… 41 The Rules of International Law and Sovereignty: United Nations……………………... 44 The Helsinki Final Act…………………………………………………………………...48 The International Community Responds……………………………………………...... 51 Conclusion: Crimea—Russia’s First Successful Initiative to Undermining International Law………………………………………………………………………………………53 Chapter 3 Airspace…………………………………………………………...………………...57 Introduction……………………………………………………………………………...57 Sovereignty and Jurisdiction, the History of Airspace…………………………………. 58 Nature and Character of Rights Over Airspace………………………………………... 59 Sovereignty and Trespass in Territorial Airspace……………………………………… 62 Deliberate Intrusion by State and Civil Aircrafts………………………………………. 63 Russia’s Hybrid Warfare……………………………………………………………….. 65 The Baltics, Russian State Aircraft Aerial Trespass……………………………………. 67 Putin’s Argument……………………………………………………………………….. 72 Conclusion, Russia's Pattern of International Law Violations of "Space"……………... 73 Chapter 4 Internet Law………………………………………………………………………...76 Role of International Law Concerning the Regulation of the Internet…………………..77 Access to the Internet as a Human Right………………………………………………...80 Russia’s “zakon o suverennom internete” (Sovereign Internet law) ……………………84 The Use of Force and the Right of Self-Defense in Cyberspace, Putin’s Defense………85 4 The “Sovereign Internet” law Affects Human Rights…………………………………...87 Russia Violates International law………………………………………………………..92 Conclusion………………………………………………………………………………………95 Bibliography…………………………………………………………………………………...100 5 Abstract Over the last decade research has shown that the stability of international law has been threatened by Russia’s actions including the annexation of Crimea, breaches of airspace, and the approval of the “Sovereign Internet” law. This thesis seeks to examine Russia’s utilization of international law as an instrument to pursue national interests. Expanding on existing research of Russia’s international law violations, it asks: what are the long-term ramifications if Russia’s actions continue to go unpunished? In this context international law violations refer to Russia’s divergence from agreements that it previously consented to. Based on a literature review of international legal documents and Russia’s state first ideology, the following research analyzes three case studies on Russia’s violations of sovereignty and internationally recognized human rights. The case studies indicate that Russia’s violations of international law will only escalate as it attempts to assert itself as a global superpower. Further research is needed to identify what factors might align Russia’s approach to international legal practices with democratic values. 6 Introduction In 2014 Russia shocked the world when it illegally annexed Crimea. This action has become one of the most well-known political events in the 21st century leaving scholars and world leaders muddled with the question “why and how did this happen?” While there is a variety of scholarship that attempts to answer these questions, the Crimean crisis is merely the first large-scale successful international law violation that was the catalyst of a pattern of violations to come for Russia. The last decade has proven that Russia’s international law violations under the guise of national interests has only escalated in its severity and approach as the world evolves and transcends space. In 2014, Russia invaded and disrupted the sovereign statehood and physical borders of Ukraine to annex the Crimean Peninsula, a territory that is culturally important to Russia but also strategically valuable on the Black Sea. Beginning in 2015 Russian military aircraft have increased the frequency of aerial trespasses into the sovereign airspace of the Baltic countries. Entering into the airspace illegally of another country, strikes fear, without consideration, of the sovereign government and therefore people of these states. Then, in 2019, Russia passed the “Sovereign Internet” law that is striving towards a Russian Internet that has the capability to censor and isolate people within Russia from the rest of the world. As time goes on, Russia not only continues to break international law principles but invents new ways to do so. The following research provides the scope of Russia’s power and concludes with the argument that Russia has the capability to devalue international law for the benefit of sovereign gain which in turn questions the efficacy and literal significance of international law and interstate cooperation. 7 Historical Overview of International Law Russia’s violation of international law is not an anomaly. In fact, international law has always been a contested concept. Although it is clear that states exercised rudimentary notions of international law in ancient Greece and the Roman Empire, it was not until the early 17th century, at the start of the Thirty Years’ War, that the need of rules for the conduct of nations became a discussion at the forefront of European countries. Hugo Grotius, an acclaimed Dutch philosopher and legal scholar, inspired by the war, drafted the De Jure Belli ac Pacis (On the Law of War and Peace) in 1625 (Foster 149). Grotius’s De Jure Belli ac Pacis was formed on the foundation of Christianity and the law of nature with the hope of constructing international rules that would provide a more humane method of conducting war and resolving conflict (Foster 152). With the approval of sovereign states, the De Jure Belli ac Pacis legal document became the “first serious attempt at the codification of international law, or at putting forth well-defined and precise rules for the government of States in their international relations” (Foster 152). Following Grotius’s efforts to create rules to combat war and promote peace, the Congress of Westphalia sought to establish a treaty of peace that sovereign states would recognize, sign, and implement. The 1648 Treaty of Westphalia not only brought an end to the adverse period of European history and war, but the treaty is argued to be the start of the modern international system. The treaty recognized sovereignty of the States of Europe and their right to exercise exclusive jurisdiction within their own territory, among other provisions (Foster 153). Today, international law has evolved into a more defined concept. According to the American Law Institute’s Restatement of the Foreign Relations of the Law of the United States (1987): 8 International law, as used in this Restatement, consists of rules and principles of general application dealing with the conduct of states and of international organizations and with persons, whether natural or juridical. [Third restatement, section 1] International law is an umbrella term that houses the institutions and doctrines which establish the rules and principles that states shall abide by to ensure global peace and security. Not every principle is considered customary, meaning that it applies to all nations without the need for states to consent (formally agree) to the principle. One such example of customary law involves the principle of non-intervention. The restriction of threat and forced intervention into another state’s territory, as detailed in the United Nations Charter Article 2(4), is considered binding and must