The Ukraine Crisis, Cold War II, and International Law
German Law Journal, Vol. 16, No. 3, 2015
44 Pages Posted: 8 Jul 2015 Last revised: 10 Sep 2016
Date Written: July 6, 2015
Framing the crisis in Ukraine in broader geo-political terms, this article is a preliminary attempt to think about Cold War Two as a manifestation of two competing historical trends in the evolution of global capitalism — globalization and Balkanization — and the relative ineffectiveness of international law to anticipate and resolve interstate disputes inherent within globalization, while seemingly facilitating and encouraging Balkanization. It proceeds in three parts. Part One offers a brief overview of the Ukraine crisis and surveys the international legal responses to this crisis from several key vantage points — U.S., EU, Russia, China. Part Two broadens the aperture to consider how international legal responses to the Ukraine crisis appear to replicate Cold War legal discursive strategies while actually concealing the true nature of the conflict — thereby exacerbating it. Part Three concludes with reflections on the role that international lawyers could play in the new Cold War.
Keywords: Ukraine crisis, Cold War 2, Cold War, international law, Russian law, Russian approaches to international law, positivist international law, Ukraine, international legal theory, Crimea, international legal history
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