欧洲国际领土上的克里米亚

IF 1.4 4区 社会学 Q1 LAW
O. Butriy
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引用次数: 0

摘要

1. 涉及主权国家边界的领土争端是极其敏感的政治问题,不应最终交由法院裁决。只有政治对话才能导致解决方案,并始终尊重争议涉及边界的国家主权[南苏丹,2011]。值得一提的是,欧洲各国在国家主权、国家领土、人民自决权、领土分离、领土并入其他国家或建立新国家等问题上,都有一些共同的价值观。欧洲规模的争端应根据欧洲的传统和在欧洲的法律框架内作出决定,因为在世界上,对那些事关生命的、与安全有关的问题的理解要连贯得多。请允许我警告,不要对领土争端作出过于笼统和过于肤浅的解释,这种解释可能在媒体上,甚至在外交途径上遇到。3 .在审议领土争端时,将问题与时间和空间联系起来以及评估所考虑或采取的措施的必要性和相称性是具有决定性意义的。在这里,我将考虑克里米亚的情况。克里米亚是乌克兰的一个半岛屿,2014年在乌克兰国家的抗议下使用武装部队被俄罗斯联邦吞并。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Crimea in the European International Domain
1. A territorial dispute concerning the borders of the sovereign state is an outmost sensitive and political matter, which never should be ultimately decided in a court. Only a political discourse should lead to the solution, always with due respect to the sovereignty of the state, whose borders the dispute concerns [South Sudan, 2011].

2. It is worthwhile to mention that the European nations share quite some values, whenever the state sovereignty, the state territory, the right of people for self-determination, the secession of territory, the accession of territory to the other state or the creation of a new state is at issue. The disputes of European scale should be decided according to the European traditions and within the European legal framework, as in the world there is much less coherence in understanding of those life-important, security-related issues.

3. May I warn against too general and too superficial interpretation of territorial disputes, which might be encountered in media and even in diplomatic circuits. When considering the territorial dispute, relating the problem to the time and space as well as assessing the necessity and proportionality of the measures contemplated or taken is of the decisive meaning.

4. Here, I will consider the case of the Crimea, a Ukrainian semi-island, which was annexed by the Russian Federation in the year 2014, with the use of armed forces and under the protest of the State of Ukraine.
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来源期刊
Law Probability & Risk
Law Probability & Risk MATHEMATICSSTATISTICS & PROBABILITY&-STATISTICS & PROBABILITY
CiteScore
2.10
自引率
28.60%
发文量
8
期刊介绍: Law, Probability & Risk is a fully refereed journal which publishes papers dealing with topics on the interface of law and probabilistic reasoning. These are interpreted broadly to include aspects relevant to the interpretation of scientific evidence, the assessment of uncertainty and the assessment of risk. The readership includes academic lawyers, mathematicians, statisticians and social scientists with interests in quantitative reasoning. The primary objective of the journal is to cover issues in law, which have a scientific element, with an emphasis on statistical and probabilistic issues and the assessment of risk. Examples of topics which may be covered include communications law, computers and the law, environmental law, law and medicine, regulatory law for science and technology, identification problems (such as DNA but including other materials), sampling issues (drugs, computer pornography, fraud), offender profiling, credit scoring, risk assessment, the role of statistics and probability in drafting legislation, the assessment of competing theories of evidence (possibly with a view to forming an optimal combination of them). In addition, a whole new area is emerging in the application of computers to medicine and other safety-critical areas. New legislation is required to define the responsibility of computer experts who develop software for tackling these safety-critical problems.
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