Conflict in the Caucasus: Implications for International by Christopher P.M. Waters, James Green
By Christopher P.M. Waters, James Green
This book addresses a number of elements of the clash among Georgia and Russia over the breakaway quarter of South Ossetia in August 2008, together with using strength, human rights, transnational litigation and overseas legislation 'rhetoric'. The details of the clash are explored along their wider implications for overseas order.
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Extra info for Conflict in the Caucasus: Implications for International Legal Order (Euro-Asian Studies)
Org. 19. In this regard there are obvious parallels to Kosovo’s experience despite claims by Western states that the Kosovo case is unique. 20. R. 217; and, generally, J. Crawford (2006) The Creation of States in International Law (Oxford: Oxford University Press). 21. C. Chivers and E. Barry, ‘Georgia Claims on Russia War Called into Question’, The New York Times (7 November 2008), online: http://www. _r=1&hp=&oref=sl ogin&pagewanted=print. 22. ’ The only recognised Charter exceptions to the prohibition on the use of force are self-defence and action authorised by the UN Security Council.
7 As will be discussed below, since that time, self-determination of peoples has been restated, clarified and reinforced in the international law instruments referred to by President Medvedev – the Declaration on Principles of International Law 1970 and the Helsinki Final Act 1975 – as well as in the two major human rights treaties referred to above (the ICESCR and the ICCPR), in decisions and opinions of the International Court of Justice (ICJ), in resolutions of the Security Council and the General Assembly, and in state practice.
To be clear, the talks are fragile and first attempts to launch them broke down on various points, including who was to be at the table. But that they are occurring at present is due in no small measure to the EU’s engagement. Another EU initiative that provided clarity into the war’s causes – and raised the applicability of international law to the conflict – was the establishment of a fact-finding mission. M. 34 It found, among other things, that Georgia wrongly attacked Tskhinvali, that Russia’s response was disproportionate and that violations of international humanitarian law (IHL) occurred that require criminal sanction.