جستجوی مقالات مرتبط با کلیدواژه « انفصال چاره ساز » در نشریات گروه « علوم سیاسی »

On 16th of March 2014 following a referendum held under support and military intervention of Russia, Crimea declared its independence and unilaterally separated from Ukraine which was instantly recognized by Russia. Then after The Parliament of Crimea called for the accession to Russia and in a short time the accession treaty with Russia was signed and practically Crimea became part of Russia. The authorities of Crimea and Russia in Justifying their actions referred to the principles of International law including self-determination of the people of Crimea and implicitly referred to the theory of remedial secession in other to build a legal base for the military intervention of Russia in Crimea and consider a right to secession for the people of this region. Coincidence of this secession with political developments in Ukraine and dominance westerners over the government of Kiev strongly enhances the political nature of this secession. This research examines the legitimacy of unilateral secession of Crimea from Ukraine within the framework of the international law Theories. Also the military intervention of Russia and the use of force in Crimea’s crises will be reviewed. the findings of this study indicate that Crimea’s secession from Ukraine does not possess any legal base and the Russia’s actions in the process of secession and holding the referendum for the independence, due to violation of the principles of Jus-Cogens Like “non intervention” and “non use of force” is considered to be a violation of international law and consequently The “Crimean Declaration of Independence” Can not be Justified in The Context of established international law.

Secession from sovereign state and former of a new entity by Reference to the "right of self-determination" in international law has been one of the great challenges of the international community which still remains unresolved. And international law generally has supported the parent state in wish to maintain its territorial integrity. Thus 1970 in declaration of friendly relation and cooperation among states declares quite explicitly that the territorial integrity and political independence of every indivisible. Thus the international community is reluctant to contemplate the breakup of state because of its potential to destabilize. This article will consider the issue of secession and will review its position that does the international law approve the unilateral secession and establishment of a new state in the post-colonial era. The finding of this article reveals that this right has been limited only to decolonization time. Also by examining the referendum for independence of Iraqi "Kurdistan", concludes that the contemporary international law does not approved the outcomes of this referendum independence.