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1-2 / 2014 Content

89 (2014) 1-2: The Ukraine Crisis

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Editorial
Andreas von Arnauld / Tobias Debiel




Debate: Foreign Policy Consequences of the Ukraine Crisis

The Ukraine Crisis: Decision on the Future of a European Peace Agreement

Ute Finckh-Krämer

The Ukraine Crisis: EU Perspective and the Agenda for Securing the European Peace Order

Manuel Sarrazin


The Ukraine Crisis in its International Political Context

The Ukraine-Crisis: Geopolitics and Identity in Relation of Russia and the West

August Pradetto

Since the refusal to sign an association agreement between the European Union and Ukraine by ex-Ukrainian president Janukovych in late November 2013, relations between the West and Russia have rapidly worsened. Despite differences and given the close and continuing political, security-related, and economic cooperation on both sides since the end of the Cold War – i.e. for the past 25 years – this development came as a surprise. Given this, the article discusses the relationship between the West and Russia and how it has been affected by the Ukraine crisis with particular emphasis on the relationship between geopolitics and identity.

 

Emerging from the Shadows – The Ukrainian-Russian Crisis and the OSCE’s Contribution to the European Security Architecture

Andrea Gawrich

The Organization for Security and Co-operation in Europe (OSCE) is currently a key actor contributing to de-escalation in the Ukraine-Russia crisis. This is in contrast to the OSCE‘s eroding role as a European security organisation in recent years. This article argues that there is an evident paradox between theory-guided views on the OSCE, which prevent the OSCE from being classified as a security organisation, and the fact that its contributions to the Ukraine-Russia crisis are unique to the current challenges in the European Security Landscape.


The European Union and Ukraine
From Unfulfilled Expectations to Constructive Crisis Management?

Gisela Müller-Brandeck-Bocquet / Philipp Gieg

In its external policies, the European Union (EU) mainly focuses on its neighborhood in order to realize freedom, liberty, security and wealth. Therefore, the Union has been especially challenged by the ongoing crisis in Ukraine. After 1991, the EU established deep relations with Kiev which did not fully satisfy Ukrainian expectations. This is why the EU is accused of bearing responsibility for the breakout of the present crisis. Does this argument hold true? Furthermore, the article will reconstruct the EU’s role during the crisis and ask if and how the EU was able to conduct successful crisis management and contribute to conflict resolution.


The European Neighbourhood Policy towards Ukraine: The Failure of a Policy by Technocratic Means

Anne Wetzel

This article deals with the role of the European Neighbourhood Policy (ENP) towards Ukraine before the current crisis. It is argued that the European Union (EU) tried to reach the ENP goals, including security and democracy, primarily by technocratic means, which proved to be a failure. An analysis of the technocratic characteristics of the ENP in Ukraine shows that de-politicisation and the tendency to neglect democratic elements was problematic in terms of democratisation. The central role of experts and the tendency to ignore conflictive positions was detrimental to stateness. The results suggest a more politicised ENP in Ukraine.


Aspects of International Law in the Ukraine Crisis

Uninvited Guests – On Intervention by Invitation in the Ukraine Crisis 2014

Heike Krieger

The article pursues the question in how far the rules on intervention by invitation are adequate to direct the behaviour of states in a decentralized legal order. The crisis in Ukraine in 2014 is a pertinent case in point because of the direct involvement of one of the veto powers. The paper focusses on the legal validity of the different invitations for intervention which have been issued by several different actors. The article concludes that the rules on intervention by invitation are clear and precisely enough framed in order to enable third states to disguise and reject an abusive use.

 

The Legal Status of Crimea and its Inhabitants

Hans-Joachim Heintze

The Supreme Soviet of the USSR decided in 1954 that Crimea no longer belonged to Russia. In celebration of the 300th anniversary of the unification of Russia and Ukraine, it became a part of Ukraine as a gift. The population, made up most of ethnic Russians, was not consulted and was as a result not satisfied with this decision. Consequently, many attempts to return to Russia were made. After the dissolution of the USSR, Russia was also interested in a return for military reasons. The main port of the Russian Black Sea Fleet is in Sevastopol. After the unrest in Kiev in the spring of 2014, Putin saw an opportunity to reach that goal. The Russian Army occupied Crimea and justified the violation of international law by the obligation to protect ethnic Russians against human rights violations committed by the Ukrainian authorities. After the occupation, the population voted in a referendum for the annexation to Russia. In legal terms the referendum was illegal and, therefore, Crimea is legally still part of the state of Ukraine. According to the Stimpson-Doctrine, the international community cannot recognize the annexation. This viewpoint is supported by an UN-General Assembly resolution. Thus, it is up to the parties of the conflict to find a solution by peaceful means and not by the use of military force.


The Protection of Its Compatriots by the Russian Federation with Particular Emphasis on Ukraine

Michael Geistlinger

The Russian Federation has adopted a special law for its compatriots living abroad. This law is the basis for a package of measures and programs for their support. These measures aim, on the one hand, to improve the social, legal and economic situation of compatriots in their country of residence. On the other hand, the Russian Federation is interested in counteracting the decline of its population by recruiting compatriots for resettlement in Russia. Particular emphasis has to be laid on the term “compatriot” according to a Russian understanding. The term comprises a considerable part of the Ukrainian population. Ukraine does not allow for dual citizenship. Nevertheless, the Russian military doctrine is to be taken into consideration. It provides also for military measures for the protection of compatriots who are formally citizens in Russia.


Economic Sanctions and Security of Energy Supplies:
Legal Reflections on Potential Reactions by States during the Ukraine Crisis

Felix Boor / Karsten Nowrot

AAs a reaction on the escalating crisis in Ukraine, EU member states seek effective economic sanctions against the Russian Federation. It is rarely discussed in the public if the WTO-system may generally limit the legitimacy of economic sanctions. Additionally, since the EU is aware of its dependence on Russian imports of fossil energy resources, it must be aware of the menacing effect of Russian counter-measures. In the past, the Russian Federation has used its position on the energy market to influence Ukrainian policy during the gas dispute in 2006 and 2009. International law restricts the option of import-limitations to an only minimal extent.


Sociopolitical Developments in Ukraine

A Divided Nation? Reconsidering the Role of Identity Politics in the Ukraine Crisis

Tatiana Zhurzhenko

The article addresses the role of identity politics in the current Ukrainian crisis. It shows how Ukraine’s divided political elite has used identity politics as a tool for mass mobilization, and how Russia has profited from the “war of identities” in its efforts to prevent the country’s orientation towards Europe. The article also outlines the main shifts in collective identities after Maidan and the annexation of Crimea and the dilemmas of new identity politics.

 

Conflict of National Narratives of Ukraine: Euromaidan and Beyond

Karina V. Korostelina

This paper describes multiple voices and the complexity in the definition of the Ukrainian national idea, as well as the continuous competition to establish the leading meaning of national identity. Presenting major national narratives in Ukraine from field research, the paper shows how these narratives were represented in the Euromaidan uprising by pro-Euromaiden, pro-government parties, and in the interim government and how it impacted the situation in Eastern Ukraine. The paper concentrates on multiple stakeholders and parties participating in the current Ukrainian crisis and concludes with recommendations for conflict management and dialogue in the Ukrainian society.