Russian Approaches to the Right of Peoples to Self-Determination: From the 1966 United Nations Covenants to Crimea

Abstract

Two moments proved decisive for the development of the right of peoples to self determination in Russia, related to the Soviet approach in the de-colonisation era, as manifested in the 1966 United Nations Covenants, and Russia’s approach to this right after the 2014 annexation of Crimea: with its annexation of Crimea, Russia, just as the Soviet Union had in 1966, challenged the universality of the right to self-determination. The paper examines theory and practice of the right of peoples to self-determination in Russian context from a historical-legal perspective, to trace the roots of the contradictions found in Russia’s current approach to that right. Aimed at understanding the specifics of the Soviet approach to self-determination and considering the case of Crimea in light of analogies between the past and present approaches to the right, the discussion posits the existence of a link between the Soviet and the Russian approach to self-determination, on the basis of legal ties between post-1991 Russia and the Soviet Union established under the doctrine of state succession or continuity. The article offers support for the hypothesis that the current Russian approach to self-determination resembles the Soviet one in demonstrating legal flexibility characterised by self-interest, hypocrisy, and double standards. This calls for renewed discussion of the influence of Soviet international legal thinking on that of contemporary Russia.