The Crimean Vote of March 2014 as an Abuse of the Institution of the Territorial Referendum
Forthcoming: Christian Calliess (ed), Liber amicorum Torsten Stein (2015)
26 Pages Posted: 9 Jul 2014 Last revised: 7 Nov 2014
Date Written: July 8, 2014
Abstract
This contribution examines the international legal relevance of the recent Crimean referendum, starting from the premise that, as a matter of international customary law, and as a matter of legal consistency and fairness, a free territorial referendum is emerging as a procedural conditio sine qua non for any territorial re-apportionment. It concludes that the referendum was not free and fair, and could not form a basis for the alteration of Crimea’s territorial status.
Keywords: self-determination, remedial secession, annexation, democracy, nationalism, Venice Commission, Ukraine, non-recognition
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