Том 13

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https://ekmair.ukma.edu.ua/handle/123456789/32037

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Browsing Том 13 by Subject "article"

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    Onstruing national and ethnic groups under the Genocide Convention through Soviet and Russian narratives on the Ukrainian identities
    (2024) Vishchyk, Maksym
    Debates on the genocidal nature of Russian atrocities in Ukraine have uncovered various grey zones of the law on genocide. While most contemporary commentaries have focused on the essence and scope of the crime’s central element – the intent to destroy the group in whole or in part – little analysis has been dedicated to defining and understanding the alleged object of the destruction, i.e., protected groups themselves. Even beyond the Ukrainian context, this problem is endemic to contemporary doctrine and jurisprudence, providing a rather cursory or even contradictory analysis of the notions of protected groups seemingly without recourse to other fields studying human identities, such as anthropology. This article aims to address this lacuna by exploring the dichotomy between national and ethnic groups under the Genocide Convention through Soviet and Russian identity narratives. The article summarises the state of contemporary law and jurisprudence relevant to the definition of the protected groups, as well as associated gaps and inconsistencies. It further addresses challenging issues of the groups’ definition and delimitation through the lenses of modern anthropology, where the law is silent. The article stresses the importance of multidisciplinary and contextualised application of the legal concepts under the law of genocide in light of the meaning ascribed to them by other fields of study focusing on group identities and inter-group dynamics. Finally, the article applies relevant findings to the context of Soviet and further Russian narratives on the Ukrainian identities, illustrating the dichotomy between national and ethnic groups.
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    Russia – traffic in transit: a landmark case undermining the role of WTO security exceptions amidst trade and hybrid wars
    (2024) Kozachuk, Nataliia
    This article explores the relationship between trade and hybrid warfare conducted by state actors in the context of the Russia-Ukraine war before Russia’s full-scale invasion in 2022 and the US-China trade war. It analyzes recent WTO case-law, notably the landmark case Russia – Traffic in Transit, where justification under GATT Art. XXI was successfully invoked by Russia – a WTO member that launched armed aggression against its neighbor, resorting to occupation and annexation of Ukraine’s territories. Panel’s application of a two-tier test in this case is put into question as Russia has neither explained what constituted an emergency in international relations nor articulated its essential security interests. The analysis addresses how Russia employed trade war tactics as part of its arsenal in the realm of hybrid warfare, subsequently escalating to a full-scale aggression against Ukraine, triggering the largest continental war in Europe since WWII. However, the article recognizes the balanced nature of the GATT Art. XXI interpretation, requiring the Panel to assess whether the measures were "taken in time of war or other emergency in international relations," and also to identify whether the invoking member acted in good faith when establishing the connection between the measures and its essential security interests. If applied correctly, this interpretation should not encourage further trade wars.
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    Wholesale energy supplies disruption as the human rights breach: characterisation and causality aspects
    (2024) Zahnitko, Oleh
    This paper explores the intersection of energy security supply and human rights in Ukraine, focusing on the implications of disruptions in the supply of wholesale energy products. Ukraine's wholesale energy sector is being under attack since early October 2023, with no legally sound reaction from the international community. The article studies, past hindrance of the economic development and personal liability caused by the attacks, the risks posed to human rights and other peremptory rules of public international law, including access to essential services, health, and an adequate standard of living. By examining the legal frameworks and international human rights standards, this study argues that sustained or significant interruptions in wholesale energy supply constitute a breach of human rights and sufficient cause of action by the Government of Ukraine under multilateral international instruments.