{"title":"俄罗斯对克里米亚的吞并及其在国际法背景下的正当化","authors":"Erika Leonaitė, Dainius Žalimas","doi":"10.1515/lasr-2016-0001","DOIUrl":null,"url":null,"abstract":"Abstract The article carries out an assessment of the “reunification of Crimea with Russia” from the point of view of contemporary international law and examines the arguments of Russian legal scholars who try to deny the annexation, i.e. the acquisition of territory by force. The assessment reveals recent changes in the interpretation of the principle of the self-determination of peoples in the Russian official position and legal doctrine, compared to the interpretation of this principle prevalent before the International Court of Justice adopted the Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. The analysis carried out in the article identifies the arguments and strategies that are employed in seeking to offer an interpretation of international legal norms that corresponds to the political interests of the Russian Federation. The examination reveals how new content is attached to international legal concepts in the works of Russian legal scholars who construct a position favourable to the Russian Federation, and in what way legal arguments are combined with statements and theoretical constructs that are irrelevant from the point of view of contemporary international law, thus deleting the boundaries between legal and non-legal reasoning and producing a pseudo-legal narrative that serves the political interests of Russia.","PeriodicalId":37780,"journal":{"name":"Lithuanian Annual Strategic Review","volume":"14 1","pages":"11 - 63"},"PeriodicalIF":0.0000,"publicationDate":"2016-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"7","resultStr":"{\"title\":\"The Annexation of Crimea and Attempts to Justify It in the Context of International Law\",\"authors\":\"Erika Leonaitė, Dainius Žalimas\",\"doi\":\"10.1515/lasr-2016-0001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The article carries out an assessment of the “reunification of Crimea with Russia” from the point of view of contemporary international law and examines the arguments of Russian legal scholars who try to deny the annexation, i.e. the acquisition of territory by force. The assessment reveals recent changes in the interpretation of the principle of the self-determination of peoples in the Russian official position and legal doctrine, compared to the interpretation of this principle prevalent before the International Court of Justice adopted the Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. The analysis carried out in the article identifies the arguments and strategies that are employed in seeking to offer an interpretation of international legal norms that corresponds to the political interests of the Russian Federation. The examination reveals how new content is attached to international legal concepts in the works of Russian legal scholars who construct a position favourable to the Russian Federation, and in what way legal arguments are combined with statements and theoretical constructs that are irrelevant from the point of view of contemporary international law, thus deleting the boundaries between legal and non-legal reasoning and producing a pseudo-legal narrative that serves the political interests of Russia.\",\"PeriodicalId\":37780,\"journal\":{\"name\":\"Lithuanian Annual Strategic Review\",\"volume\":\"14 1\",\"pages\":\"11 - 63\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2016-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"7\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Lithuanian Annual Strategic Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/lasr-2016-0001\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Lithuanian Annual Strategic Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/lasr-2016-0001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
The Annexation of Crimea and Attempts to Justify It in the Context of International Law
Abstract The article carries out an assessment of the “reunification of Crimea with Russia” from the point of view of contemporary international law and examines the arguments of Russian legal scholars who try to deny the annexation, i.e. the acquisition of territory by force. The assessment reveals recent changes in the interpretation of the principle of the self-determination of peoples in the Russian official position and legal doctrine, compared to the interpretation of this principle prevalent before the International Court of Justice adopted the Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. The analysis carried out in the article identifies the arguments and strategies that are employed in seeking to offer an interpretation of international legal norms that corresponds to the political interests of the Russian Federation. The examination reveals how new content is attached to international legal concepts in the works of Russian legal scholars who construct a position favourable to the Russian Federation, and in what way legal arguments are combined with statements and theoretical constructs that are irrelevant from the point of view of contemporary international law, thus deleting the boundaries between legal and non-legal reasoning and producing a pseudo-legal narrative that serves the political interests of Russia.
期刊介绍:
Lithuanian Annual Strategic Review is a bilingual (Lithuanian and English), peer reviewed scholarly magazine that is published once per year by the Strategic Research Center of the Military Academy of Lithuania in cooperation with Vilnius University (Institute of International Relations and Political Science) and Vytautas Magnus University in Kaunas (Political Science and Diplomacy Department). The journal focuses on the global, regional and national security problematique which directly or indirectly influence security and defense issues of Lithuania, the Baltic states and region around. The Review aims to sustain high profile scientific publications delivering rigorous analytical insights into security and defence problematique ofn the region and to be ranked as a regular and high-quality academic periodical. The Review reaches out for academic community and political practitioners and offer ample opportunities for scholarly visibility and potential impact.