International Role in State-Making in Ukraine: The Promise of a Two-Stage Constituent Process

German Law Journal v.16 # 3 (July 2015)

22 Pages Posted: 7 Jul 2015

See all articles by Andrew Arato

Andrew Arato

New School for Social Research

Date Written: May-June 2015

Abstract

The conflict in the Ukraine remains one of the gravest threats to both regional and international peace since the end of the Cold War. The present de facto territorial arrangements in Ukraine remain highly unstable — as well as entirely unacceptable — to at least one of the parties to the conflict. With the fate of the second Minsk Agreement in question, neither the parties involved in the conflict nor the powers that support them have been able to propose mutually-acceptable, comprehensive solutions that would significantly diminish the danger of a renewed violent confrontation. In such a situation, the wider international community could play a helpful role in achieving a lasting political settlement. The article explores the possibilities and limits of the international role when state and constitution making are both at issue. It maintains that a two stage constituent process allows the intervention to be sufficiently restricted to accommodate legitimate autochthony claims.

Suggested Citation

Arato, Andrew, International Role in State-Making in Ukraine: The Promise of a Two-Stage Constituent Process (May-June 2015). German Law Journal v.16 # 3 (July 2015). Available at SSRN: https://ssrn.com/abstract=2627171

Andrew Arato (Contact Author)

New School for Social Research ( email )

66 West 12th Street
New York, NY 10011
United States

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