Abstract
The rationale behind the annexation
of Crimea by Russia has puzzled the minds of students, actors, observers and
scholars of international relations alike. Many, especially, the idealists
considered it a wanton disregard of the international laws. This proposal seeks
to investigate National Interest and International Law: A Case Study of Russian
Annexation of Crimea. With the framework of realism, it seeks to probe into the
questions: What interest(s) informed Russian annexation of Crimea? Why did the
International Law fail to restrict Russia from the annexation of Crimea? It
hypothesized that:
H1: Russia wants to restore her Soviet
Empire.
H2: International Law lacks enforcement
mechanism.
Secondary method of data collection
and content analysis is the proposed method of data collection and analysis.
The result of the study is expected among other things, to reveal why Russia
annexed Crimea; and offer practical advice to the Ukrainian government on how
to deal with the threat on her territorial integrity.
Proposed Title
National
Interest and International Law: A Case Study of Russian Annexation of Crimea
Introduction
International
Law is one of the instruments of stabilizing the international arena. It
prescribes and proscribes actions in international relations. But the recent
annexation of Crimea by Russia against extant international laws has raised
concern about the continued relevance of international law as a tool of
stabilization in the international arena.
On
March 16, 2014, Crimea’s referendum to join Russia was backed by %97 of the
votes (BBC News, September 9, 2014).
A
mission of observers from the Organisation for Security and Cooperation in
Europe (OSCE), a military observer mission of 37 people from 18 countries,
including USA, formed at Ukraine’s request to help monitor tense situation in
Crimea was stopped by unidentified men in Military fatigues from entering
Ukraine’s Crimean Peninsula (CBS News March 6, 2014); while Russian observers
arrived Crimea nine days later (Reuters March 15, 2014).
Russian
President, Vladimir Putin signed a law completing Crimea as part of the Russian
Federation as two administrative districts, Crimea and the port city of
Sevastopol (NBC News, March 21, 2014).
Western
leaders and the new regime in Kiev rejected the move claiming Moscow’s move was
an illegal land grab. They sanctioned Russian officials and Moscow returned
same in response (Ibid.).
This
Russia’s action to say the least, sacrificed International Law at the altar of
National Interest. Appleton (n.d) wrote that the referendum held by the people of Crimea on March 16 may have seen
the local population vote to join Russia, but it provides no justification for the
annexation of the province under international law.
According
to Robert Volterra quoted in Appleton (Ibid.):
Under Article 2 of the UN Charter
the forceful acquisition of territory is illegal. This is clearly happened in
relation to Crimea. It doesn’t matter what the result of
the so-called referendum was, or what the will of the Crimean people
may have been. Russia used force against the territorial integrity of
Ukraine. That cannot be retrospectively legitimized.
Based
on the issues discussed supra, this study asks the following questions:
What
interest(s) informed Russian annexation of Crimea?
Why
did the International Law fail to restrict Russia from the annexation of
Crimea?
The
following hypotheses will be tested in the study:
H1: Russia wants to restore her Soviet
Empire.
H2: International Law lacks enforcement
mechanism.
Brief
Literature Review
National Interest and International
Law: The Realists’ Perspective
The
realists are in favour of national interest in their argument. They stressed
that international law is too legalistic and moralistic that any national
interest pursued under its umbrella is bound to fail.
Eagleton
(1951) wrote, quoting Hans J. Morgenthau that toed the line of thought above thus:
‘Professor
Morgenthau writes In Defense of National Interest
and regards the interest of the nation as superior to anything else. He appears
to regard the pursuit of accepted moral principle as in itself immoral: “a
foreign policy guided by moral abstractions, without consideration of the
national interest is bound to fail”; “the appeal to moral principles in the
international sphere has no concrete universal meaning” (pp. 33-35).
It
is “an iron law of international politics, that legal obligation must yield to
the national interest “(pp. 144); and the only alternative roads to peace is
war or negotiation.’
This
study will examine the extent of the compatibility of this Morgenthaun position
in Russia’s annexation of Crimea. Establishing the possibilities or otherwise
of achieving the same interest within the ambit of the international law.
Morgenthau
(1948) outline what constitutes the national interests, and which must be
pursued without regard to any international code of conduct. According to him,
“The
interest of the national society for which government has to concern itself are
basically those of its military security, the integrity of its political life
and the well being of its people.”
This
study will examine how these factors as given by Morgenthau informed Russia’s
annexation of the Ukraine’s Crimean Peninsula. It will investigate the
strategic importance of the peninsula to Russia; verify the contribution of the
annexation to the overall integrity of Russia’s political life and how it
promoted the well-being of the Russian people in Russia in general and the Russian-speaking
populace in Crimea, in particular.
Kennan
(1985-86), unlike the die-hard extreme realist, Morgenthau, admitted an
exception where morality (international law) is considered in the pursuit of
the national interests. He wrote focusing the United States of America thus:
“When
we talk about the application of moral standards to foreign policy, therefore,
we are not talking about compliance with some clear and generally accepted
international code of behaviour. If the policies and actions of the U.S.
government are to be made to conform to moral standards, those standards are
going to be America's own, founded on traditional American principles, and when
their failure to conform has an adverse effect on American interests, as
distinct from political tastes, we have every right to complain, and, if
necessary, to take retaliatory action.”
This
position reveals the possibilities of agreement between international law and
national interest of a nation, as it is observable from the excerpt that if the policies and actions of the U.S.
government are to be made to conform to moral standards, those standards are
going to be America's own, founded on traditional American principles.
This
study will demonstrate how international law could serve as the instrument for
achieving national interest. It will establish its validity and reliability
overtime; and narrow it down to the case under study.
National Interest and International
Law: Idealists’ perspective
The
idealists’ perspective is the obverse side of that of the realists. Their
argument is weighty on the side of international law. They harp melodiously on
the need for peace and stability in the international arena which can only be
achieved with the instrumentality of mutual agreements embodied in the
international law. Agreements they believed that since they were freely
entered, should be binding (Pacta sunt servanda).
Oliver
(1986) pointed out the threats to the survival of the human species that needs
to be checked with the international law by prioritizing the need for the human
species survival in typical national interests of a state. In his words,
It might be fair, were this
question to be asked to respond: can the species reasonably be expected to
survive in any state of civilization if we do not do something soon? (Given)
the steadily intensifying threats to survival - now moving rapidly from
superpower nuclear adventurism, through the dreadful risks of nuclear
proliferation amongst rogue states, to the new horrors resulting from organized
violence by overtly non-governmental groups.
“If
we recognize the risk of non-survival of the species, is it not fair to ask,
what then is needed for survival? Threat-related order-structure, rather than
an at-the-instant protective seems essential” (Ibid.)
“The
slide to imminent threat of total destruction has been so steep that it is not
certain that "mutually assured survival" is even possible. If the
urgency and the stark need for it can be made a first charge on humans, then a
legal system designed to ensure survival might come just in time, provided
nation-state system does not obstruct too much. Such non-obstruction by states
urgently requires the conceptualization of state "national interest"
to include survival of people and moral support of moderate, threat-effective
public order” (Op. Cit.).
This
study will demonstrate the threat posed by the Russian annexation of Crimea on
the general survival of the human species and advise the actors accordingly.
Stating
the position of the idealists on national interest and international law,
Rourke (n.d) in his analysis wrote:
“Liberals
(Idealists) also dismiss the realists' warning that pursuing ethical policy
often works against the national interest. The wisest course, liberals contend,
is for countries to recognize that their national interests and common
interests of the world are inextricably tied.”
This
study holds this position to be erroneous because every national interest of a
nation is not mutual. There are national interests that are by all known
parameter, selfish.
Theoretical
Framework of Analysis
This
study will employ the explanatory capability of Realism in the study of the
Russian annexation of the Ukraine’s Crimean peninsula. The choice of the theory
was largely informed by its ability to explaining the Russia’s raison d’état, national interest in the
annexation – summed as the “struggle for power.”
Realists
argue that international politics, like
all politics, is a struggle for power (Morgenthau, 1948). They are
pessimistic about human nature which they described as “selfish.” They contend
that the selfish nature of human beings is reflected in the international
arena, a place that they hold to be anarchical, given the fact that there is no
overarching authority regulating the inherent selfishness of states. This
scenario, they argue makes the international arena conflictual and also a place
where the fittest survives.
Realism
as an approach to international politics is traced back to such ancient
practitioners and thinkers as Sun Tzu (544-496 B.C.), the Chinese general and
author of The Art of War; Thucydides (460-399 B.C.), a Greek historian and
author of The History of the Peloponnesian War; and Kautilya (4th Century
B.C.), minister to the Mauryan emperor of India, who wrote in Arthashastra,
"A king shall always endeavour to augment his own power." More
recently, realism also marked the diplomacy of such statesmen as Otto von
Bismark (1815-1898), the Iron Chancellor, who engineered the unification of Germany
under Prussia's control (see Rourke n.d.).
The
thoughts of Niccolo Machiavelli, a sixteenth-century Italian political thinker,
and the seventeenth century English philosopher Thomas Hobbes are also invoked
to demonstrate how realism is supposedly founded on age-old wisdom. Machiavelli
is famous, or perhaps notorious, for offering practical advice to the statesman
which would ensure that they remained in power and achieved their objectives.
He proposed a series of guides by which states’ leaders might maximize their
power. His advice included the instruction that promises must be broken when
there is an interest to do so and that it is better to be feared than loved
(see Realism).
The
Post World War II realists include Hans Joachim Morgenthau and Kenneth Waltz.
The former represented the classical realists that had their focus on the
states; whereas the later championed the opinion of the neo-realists which
criticized the traditional realists for their disregard to the system itself
for the units. They argued that the anarchical nature of the international
arena explained the behavior of states, the units (see Walz 1979).
In summary the assumptions of
realism are that:
Ø States are the key actors in
international relations.
Ø Sovereignty, or independence and
self-control, is the defining characteristic of the state.
Ø States are motivated by a drive for
power, security and pursuit of the ‘national interest’.
Ø States, like men, behave in a
self-interested manner.
Ø The central problem in international
relations is the condition of anarchy, which means the lack of a central
sovereign authority at the global level to regulate relations between states.
Ø The aggressive intent of states
combined with the lack of world government, means that conflict is an
unavoidable and ever-present reality of international relations.
Ø A semblance of order and security
can be maintained by shifting alliances among states so preventing any one
state from becoming overwhelmingly powerful and, thus, constituting a threat to
the peace and security of others.
Ø International institutions and law
play a role in international relations, but are only effective if backed by
force or effective sanction.
Ø Power is the key to understanding
international behaviour and state motivation. For realists the main form of
power is military or physical power.
Ø Human nature can be said to be
inherently selfish and constant. As a result, humans will act to further their
own interests even to the detriment of others, which can often lead to
conflict.
Ø Because human nature is unchanging,
there is little prospect that this kind of behaviour will change (Op. Cit.).
This
theory will help to understand the Russian expansionist move into Ukraine. It
will explain the underpinning selfish interest that necessitated the move; and
equally give a practical advice to balancing the threatening power to the
Ukrainian territoriality.
Methodology
Method
of Data Collection
This
study will employ secondary method of data collection. Documented data from
libraries and the internet would be consulted.
Relevant
textbooks on the subject matter would be carefully thawed and thumbed for
relevant data. Journals and articles from academic and research institutions which
are considered relevant to the subject under study would be sought for and
consulted either online or from the libraries and archives.
News
items especially from the print and the online media would be of great
importance to this study and as such would also be consulted.
Method
of Data Analysis
This
study will employ content analysis. It will carefully study the collected data
and establish logical connection between and among them in advancing the
proposition of the study.
Expected
Results
At
the end of the study, the following outcomes are anticipated:
1. Understanding
the reason for the annexation of Ukraine’s Crimean peninsula: This will help
the Ukrainian government in their policy making regarding the problem. It will
also be useful to the concerned members of the international community. The
literature on the subject matter would be improved by this study; thus making
more resources available to International Relations scholars and students.
2. Highlighting
the weaknesses of the international law;
3. Marking
the extent of international law as an instrument of national interest.
4. Indicating
the dangers of the Russian annexation of Crimea to the survival of humanity.
References
Appleton, S. (n.d) Ukraine: clear breaches of international law in Crimea; http://www.ibanet.org/Article/Detail.aspx?ArticleUid=0b6a41e4-bca2-4234-8b3e-9cb027b98607
Eagleton, C. (1951) International Law or National Interest; The American Journal of International Law Vol. 45, No. 4, Oct., 1951 American Society of International Law International Law Review 1, no. 1 (1986): 57-65
Kennan,
G. (1985-86),
Morality and Foreign Policy, 64 Foreign Aff.
Morgenthau,
H. (1978), Politics Among Nations: The Struggle for Power and Peace
, NewYork: Knopf
Oliver,
Covey T.
"International Law, Morality, and the National Interest: Comments for a
New Journal." American University
Realism,
http://media.routledgeweb.com/pdf/9781408204887/realism_chpt.pdf; accessed, October 7, 2014
Rourke, J.T. (n.d) International Politics on the World
Stage,http://jeffreyfields.net
Waltz,
K. (1979), Theory of International Politics, Reading, MA:
Addison-Wesley
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