Legal status of the territory of Crimea after the accession of Russia

Autor: Oleh Salo, Tetiana Pakulova, Vita Moroz, Dmytro Pryimachenko, Leheza Yevhen
Rok vydání: 2022
Předmět:
Zdroj: Revista do Curso de Direito do UNIFOR. 13:28-37
ISSN: 2236-7632
DOI: 10.24862/rcdu.v13i2.1632
Popis: The purpose of the research. The purpose of the article consists in determination of the current international legal regime of the territory of Crimea for further proper argumentation of Ukraine’s position in interstate disputes with the Russian Federation. Main content. Various forms of foreign military presence on the territory of a state have been studied, such as: occupation, conquest, deployment of foreign military bases, annexation, etc. Determined are signs that characterize the legal regimes of occupation and annexation and their international regulation. Methodology: Review of materials and methods based on analysis of documentary materials of the annexation of Crimea on the part of Russia. Conclusions. Characteristic features of annexation being currently a kind of aggression crime include unilateral declaration of state sovereignty over a territory which have not been a part of this state, as well as the legitimation of annexation through de facto ownership of a territory and international recognition of this fact. According to the international law, there is currently no legal mechanism for the transfer of sovereignty over territory to an aggressor through annexation. Key words: annexation, conquest, foreign military presence, occupation, sovereignty.
Databáze: OpenAIRE