State creation and the concept of statehood in international law

Vidmar, Jure; Raible, Lea

doi:10.4337/9781788971751.00008

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“…Even when there was many international law scholars may agree that it requires a high burden of proof. As in Bangladesh, it might have clear evidence of 'oppressed people' but it is still considered as state creation based on consent, not secession (Vidmar, 2010). Third, there were no threats exist (in terms of 'outright armed attack') from the parent country to the 'people' on the peninsula so that the idea of last resort cannot be implemented (Driest, 2015).…”

Section: The Lens Of International Law Towards Crimean's Declaration ...mentioning

confidence: 99%

“…Third, there were no threats exist (in terms of 'outright armed attack') from the parent country to the 'people' on the peninsula so that the idea of last resort cannot be implemented (Driest, 2015). In this sense, Kosovo is a good practice country where secession caused by repression cannot be justified as a last resort (Vidmar, 2010).…”

Section: The Lens Of International Law Towards Crimean's Declaration ...mentioning

confidence: 99%

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A Look at the Crimean Declaration of Independence through the Lens of International Law

Odityo

2023

yst

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<p>It has been argued that the government officials in Kyiv are attempting to retake Crimea and restore sovereignty over the region. It is appealing since the issue of Crimea remains unsettled. In 2014, the Crimean parliament promulgated the Declaration of Independence and imminently voted for a referendum to accede to the Russian Federation. Similar cases also occurred in Donetsk, Luhansk, Zaporizhzhia, and Kherson in 2022. This article will examine Crimean rights to self-determination to assess whether such acts comply with international law. Furthermore, this article will mainly focus on Crimean’s declaration of independence and its referendum to determine the status and impact of such acts. It can be seen that Crimea, as de facto is part of Russia. However, as de jure, the territory might belong to Ukraine. Considering that they have voted for independence, both the Crimean people and Ukraine authorities can further negotiate a new legal status to accommodate their rights.</p>

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Section: The Lens Of International Law Towards Crimean's Declaration ...mentioning

confidence: 99%

Section: The Lens Of International Law Towards Crimean's Declaration ...mentioning

confidence: 99%

A Look at the Crimean Declaration of Independence through the Lens of International Law

Odityo

2023

yst

View full text Add to dashboard Cite

show abstract

State creation and the concept of statehood in international law

Cited by 1 publication

References 0 publications

A Look at the Crimean Declaration of Independence through the Lens of International Law

A Look at the Crimean Declaration of Independence through the Lens of International Law

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