Abstract

A comprehensive analysis of the influence of the Crimean Crisis (2014) on the international legal order through the prism of realpolitik was carried out in the article. There is the lack of realpolitik in the foreign policy and defence strategies of Western Europe and the idealistic vision of the European community of world order development in the XXI century provoked gross violations of international law by the Russian Federation. It is noticeable that Moscow annexed part of Ukraine's territory with bilateral violation and multilateral agreements. The existing system of guarantees for the Ukraine's territorial integrity protection (Budapest Memorandum) undermined the established international legal order and dealt a significant blow to the reputation of West, which did not provide Kyiv with adequate support in protecting the territory and restoring its integrity. Doubtless, the problem of studying the impact of the Crimean crisis on the international legal order became especially relevant due to the need to improve the use of key postulates of political realism and realpolitik to understand the actions of geopolitical players towards Ukraine in the period before and after Russia's annexation of the Crimean peninsula 2014. The method of studying the issue of the "Crimean crisis" on the international legal order through the political philosophy – realpolitik. To draw the conclusion, one can say that the Crimean crisis of 2014 is not only local as well as threatens the unity of the EU, and has demonstrated to the world the imperfection of international legal norms based on political idealism, when it comes to protecting the national interests of major powers and consolidating areas of geopolitical influence.

Highlights

  • Theorization of the relationship of international law to the broader political system of which it is a sub-system is of relevance to scholars of international law and international relations

  • The two disciplines have for the most part remained comfortably disengaged on the subject[4] And yet, international legal theorists have increasingly recognized their need for greater understanding of the politics of international law[5] and stand to gain much

  • In order to improve their position, old rules have been reformulated and new principles developed in support of the demand for economic equality.[55]. This has been done while the Third World States have remained staunch supporters of the idea of international law. It is the stability of the ideology and its crucial importance to the powerful that permits the less powerful to improve their positions in the international political order via the idea of international law

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Summary

Realism and International Law

The characteristic feature of modern realism[6] is its use of the power concept to explain the course of international politics. The international States system has undergone considerable expansion in the post-World War Two years and there has been a corresponding growth of international law - both quantitative and qualitative - to deal with new issue areas such as resource use and human rights In those new fields in which a set of rules has not yet been widely agreed upon, lawyers tend to rely on the application of broad principles to uphold the ideology.[43] The principle of equity, for example, which has been increasingly used,[44] is a simple formulation of part of the ideology by which it appears that international law does not operate in favour of any particular State or group of States. Koskenniemi, supra note 16, at 50. 51 The general paucity of challenge by international lawyers to the assumption of objectivity may well be due less to their naivety or complacency than to their widespread appreciation - on some level - of its crucial importance to the viability of the international legal system

The Idea of International Law and the Realist Paradigm
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