Aggression against Ukraine: Territory, Responsibility, and - download pdf or read online

By Thomas D. Grant (auth.)

ISBN-10: 1137514647

ISBN-13: 9781137514646

ISBN-10: 1349703168

ISBN-13: 9781349703166

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Additional info for Aggression against Ukraine: Territory, Responsibility, and International Law

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Chapter 3 turns to the response that States and international organizations have adopted to the annexation of Crimea, as well as the response that may emerge in international claims practice. It compares the response to other situations involving use of force. It considers as well the legal consequences that may arise from nonrecognition of the forcible seizure of Ukrainian territory. Chapter 4 relates the response to annexation of Crimea to the system of international law that has taken shape since World War II.

It is a concept that applies to the responsibility of States. It also applies in the field of individual criminal responsibility, though there the questions it raises remain more controversial. The acts of force by the Russian Federation in 2014 against Ukraine, it will be argued in the chapters that follow, have no legal basis. Moreover, considering in particular the territorial objectives behind them, these are acts of aggression. The parameters of the term “aggression” were contentious at the time of the League of Nations1 and remained so after.

To ignore the importance of stability in the specified sense is a mistake. Territorial claims are intractable claims. States long went to war over territory. Wars to prosecute territorial claims were typically intractable wars. If the system of law that emerged in and after 1945 has had one success, it has been its instalment of a settled understanding of territorial relations among States. States from 1945 onward very largely rejected force or threat as a mechanism to prosecute territorial claims.

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Aggression against Ukraine: Territory, Responsibility, and International Law by Thomas D. Grant (auth.)

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