{"title":"欧洲国际领土上的克里米亚","authors":"O. Butriy","doi":"10.2139/ssrn.3837742","DOIUrl":null,"url":null,"abstract":"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].<br><br>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.<br><br>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.<br><br>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.","PeriodicalId":48724,"journal":{"name":"Law Probability & Risk","volume":"29 1","pages":""},"PeriodicalIF":1.4000,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Crimea in the European International Domain\",\"authors\":\"O. Butriy\",\"doi\":\"10.2139/ssrn.3837742\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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].<br><br>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.<br><br>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.<br><br>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.\",\"PeriodicalId\":48724,\"journal\":{\"name\":\"Law Probability & Risk\",\"volume\":\"29 1\",\"pages\":\"\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2021-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law Probability & Risk\",\"FirstCategoryId\":\"100\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.3837742\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law Probability & Risk","FirstCategoryId":"100","ListUrlMain":"https://doi.org/10.2139/ssrn.3837742","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
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.
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.