Full Description
The invasion of Ukraine by the Russian Federation and the subsequent military campaigns entail several classical aspects of armed conflict. First, it is a type of international armed conflict between two sovereign states that had been prevalent until the middle of the twentieth century but not in the last several decades. It is also a direct intervention by a superpower into a neighboring state with the former's aspiration of territorial expansion. This action evokes a scheme of war reminiscent of the nineteenth or early twentieth century. At the same time, however, the invasion is generating in the international community a sense of new phenomena, leading to a new era that may be different from the past three decades following the end of the Cold War. In fact, the hostilities between the Russian Federation and Ukraine, as well as reactions by other states and international organizations, have raised legal and political issues that require scholars to reexamine existing frameworks of the international community and individual rules of international law.
The process of applying international law to states is a dynamic one. Rules of international law may and should regulate the behavior of states and provide standards to decide whether a particular act by a state is permissible. At the same time, however, states may change or replace existing rules, and a significant event or series of such events may be a strong motivator to create a new legal framework. In this regard, rules of international law and the conduct of states are in a dialectical relationship. International law can both shape a mode of conduct and be shaped by that conduct—being its creator as well as its creation. The Ukraine conflict is not an exception. We can discuss the conduct of the Russian Federation, Ukraine, other states and international organizations and evaluate their legality and legitimacy from the viewpoint of existing rules. However, we may also reevaluate the current rules of international law through the lens of the Ukraine conflict and discuss possible changes to those rules in the future.
Inspired by the latter aspect of the international legal process, the present book aims to examine the impact of the Ukraine conflict, whether salient or potential, on various rules of international law. Most of the authors are from Japan and other Asian countries that are geographically remote from the site of the conflict. It is often true, however — and particularly in this case — that those keeping an appropriate distance can look at relevant issues in a broader view and from a more objective perspective. To what extent and in what manner may the Ukraine conflict have an impact on the legal framework of the international community and the rules of international law? This book is the first to answer those questions in a comprehensive manner.
Contents
Use of force and its Legal Implications.- Challenge from Russia Against Jus Contra Bellum Under Contemporary International Law and Legal Responses to be Taken by the International Community.- Impacts on Jus Cogens: Impact on the Law of State Responsibility and Law of Treaties.- The Uniting for Peace Resolution used in the Ukraine Case: Could it open a new window of the General Assembly?.- Locating the Veto Power in the International Legal Order: When a Permanent Member of the UN Security Council Becomes an Aggressor.- Sanctions on Russia: What impact do they have on the question of "third-party countermeasures"?.- Impact of the Ukraine Conflict on Inter-State Dispute Settlement Procedures: The Allegations of Genocide Case (Ukraine v. Russia).- International Human Rights Law.- Impacts on Refugee Law: Implications for Japanese Law, EU Law and International Human Rights Law.- Impacts on the Monitoring System of the United Nations Human Rights Treaties.- IImpacts of the Ukraine Conflict onEuropean Human Rights Law: Challenges and Resilience of Multi-Layered Regional Mechanisms.- Impacts Relating to Gender Issues.- A Criminalised Commission of Inquiry into Ukraine: The impact on fact-finding by the Human Rights Council.- International Humanitarian Law.- Equal Application of International Humanitarian Law in Wars of Aggression: Impacts of the Russo-Ukrainian War.- The Qualification of the Ukraine Conflict in International Humanitarian Law.
