Volume 19, Issue 1 (2015)                   CLR 2015, 19(1): 95-116 | Back to browse issues page

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Azizi1 S. The Survey of Legitimacy of Unilateral Secession of Crimea from Ukraine: Analysis of State Practice. CLR. 2015; 19 (1) :95-116
URL: http://clr.modares.ac.ir/article-20-7009-en.html
Associate Professor, Department of Law, Bu`Ali Sina University, Hamedan, Iran
Abstract:   (7953 Views)
There is no on uniform and consistent practice in the international community on the secession of Crimea from Ukraine and it`s integration into Russia. Although the number of dissenting countries are greater and the state attitudes are contradictory in comparison to former positions. The western states and the U.S.A are of the opinion that – in their written statements in Accordance with the international law of the unilateral declaration of independence in respect of Kosovo case- the scope of the principle of territorial integrity is confined to the sphere of relations between the states. Therefore non-state groups have no obligation to respect this rule. Russia, on the other hand, is of the opinion that one of the essential elements of the principle of territorial integrity is to provide guarantee against dismemberment of the state`s territory. In the opinion of Russia, unilateral secession is allowed only on the Remedial Secession Theory. Russia is of the view that there must be certain condition, such as outright armed attack by the parent state, threatening the very existences of the people in question, and all efforts should be taken to consideration in order to settle the tension between the parent state and the ethnic community concerned whiting the framework of exciting states. This situation dose not exist in Crimea in the time of holding referendum. Different positions of states in this case including the debated in the General Assembly have shown that there is still contradictory state practice. Therefore, it seems that there is no well-established rule in this matter in the international law.
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Received: 2014/11/18 | Accepted: 2015/05/4 | Published: 2015/05/22

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