Article | International Legal Aspects of Reintegration of Territories |
---|---|
Authors | BORYS BABIN |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 12 / 2020 |
Pages | 63 - 73 |
Annotation | The article is devoted to the analysis of the international legal dimension of the mechanisms of reintegration of the territories separated from the states by their occupation, by attempt of their annexation or formation in these territories of quasi-state formations or partially recognized states. Particular attention is paid to the legal mechanisms applied by the Federal Republic of Germany for reunification with East Germany and by Croatia for the restoration of sustainable development and the elimination of the effects of the conflict in the occupied territories. The positions of the post-Soviet countries, namely Azerbaijan, Georgia and Moldova, on the prospects of reintegration of the occupied territories, legal assessment of the regime of such territories, protection of their population and restoration of their rights are highlighted. The universal norms of the international law applicable to questions of reintegration of territories are investigated. The situation facing Ukraine regarding the reintegration of its own territories, in particular in the international legal dimension, is outlined and its objective features are indicated. The issues raised in the article are complicated by their significant political and legal importance, in particular for scientists, depending on the country of their work, which leads to a relatively small number of objective works on this topic. At the same time, research conducted by unbiased authors of third countries, as a rule, does not claim to have a deep knowledge of the preconditions of conflicts, national legislation of the territories involved in these conflicts and even more to reflect the practical development of governance in quasi-state formations formed in reintegration territories. In addition, in Ukraine, this issue did not receive the appropriate level of scientific analysis until 2014. The purpose of the article is to identify international legal challenges related to the reintegration of uncontrolled territories by states, in particular at the stages of preparation for reintegration and its implementation, during and after the restoration of control over the territory, as well as external response to reintegration consequences. The main results of the study are to characterize such challenges and to formulate recommendations for response to them by the state authorities of Ukraine. The conclusions state that the reintegration of territories creates a number of international legal challenges, which are of different nature in the stages of preparation for reintegration, during and after the restoration of control over the territory. The main one is the responsibility of the state for the relevant territory and its population before, during and after the reintegration procedure, as well as the issue of succession and liability. It is pointed out that negotiations on a ceasefire and de-escalation of the conflict show no signs of reintegration measures, and the protection of the rights of displaced persons is not always a factor in the reintegration of territories.
|
Keywords | deoccupation; effective control; occupied territory; quasi-state formation; recognition; reintegration; reunification; succession of states |
References | Bibliography Еdited books 1. Donbas i Krym: tzina povernennya (Horbulin V ta Vlasiuk O ta Libanova E ta Lyashenko O red, NISD 2015) (in Ukrainian). 2. Kopylenko O (red), Pravovi pytannya deokupatzii ta reintehratzii tymchasovo okupovanykh teritorii Ukrainy buleten (2020) 8 Biuleten monitorynhu zakonodavstva Ukrainy (in Ukrainian).
|
Electronic version | Download |