우크라이나와 러시아 간의 크림반도 분쟁에서 국제법의 한계와 역할

Abstract

By a municipal law act dated March 21, 2014, the Russian Federation annexed Crimea, a part of Ukraine. This act followed armed intervention by forces of the Russian Federation, a referendum, and a declaration of independence in Crimea. Since the foundation of the United Nations, few claims of annexation following the use of force have been made. This is the first case of annexation by a permanent member of the Security Council against a member of the UN. Given the Crimean crisis, Ukraine initiated several international proceedings against the Russian Federation before various forums by invoking the relevant treaties and customary international law. The present article examines the inter-State litigation by Ukraine against Russia before some international courts and tribunals including the European Court of Human Rights, the International Court of Justice, and Annex VII Arbitral Tribunal under the United Conventions on the Law of the Sea. It then considers the judgments rendered by the international courts and tribunal on the applications by Ukraine against Russia since the outbreak of Ukraine crisis in 2014. Based on the examination of the above jurisprudence on the preliminary objection, it will analyze the limits and role of international law in the settlement of the disputes between Ukraine and the Russian Federation.