Council of Europe vs Russia: Conflict over International Law
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Themes
Council of Europe, Russia, international law, treaty interpretation, United Nations, Minsk Accords, territorial sovereignty, European treaties
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Abstract
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Abstract
The Russian invasion of Ukraine led to a clash between Russia and the Council of Europe over the interpretation of international law, highlighting the subjective nature of treaty interpretation.
Extract
[...] This transgression triggered the suspension of the Russian Federation (Transgression of Article but also the unilateral withdrawal of the latter accusing European partners of disregarding the provisions provided for in the Minsk agreements. To what extent are we in a confrontation between two conceptions of international law? Démystification of a universal reading of international law A. How the acts committed by the Russian Federation constitute a violation of Article 8 of the Council of Europe? 1. The violation of the principle of territorial sovereignty at the origin of the suspension? 2. [...]
[...] Is the unilateral voluntarism thesis better representative of the current configuration of European (Council of Europe) and international treaties? 1. Why the common Roman-Germanic law among Council of Europe members (except the United Kingdom) cannot homogenize the reading of international treaties? 2. A universal international law in decline due to divergences of interpretation? Conclusion The exclusion of Russia from the Council of Europe clearly reveals a plague that is growing in scope: the subjective interpretation of treaties according to the interests of states . [...]
[...] Violation of the Minsk Accords (international treaties) by the Ukrainian party B. The historical reality of international law increasingly neglected? 1. The Treaties of Westphalia of 26 October 1648 2. Has the primacy of international law over national legal norms become an illusion? Despite its references to positivism, international law can be read according to a universalist vision. It is therefore weakened by the readings of the different parties involved with the Council of Europe at the risk of limiting its primacy. [...]
