Referendum on the status of Crimea

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Situation of Ukraine with Crimea and situation of Russia
  • Crimea
  • rest of Ukraine
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    • Map of the Crimean peninsula

    The referendum on the status of Crimea ( Russian общекрымский референдум , Ukrainian загальнокримський референдум , Crimean Umum Qırım referendumu ) found in the on March 16, 2014 Ukraine belonging to Republic of Crimea Autonomous instead. The background to the referendum is the developments in Ukraine as a result of the Euromaidan protests and the military intervention by Russian troops in Crimea from February 20, 2014, which was known in the media as the Crimean crisis .

    The referendum was scheduled by a government led by Sergei Aksjonow of the four percent small party Russian Unity , which took power in a flash on February 27, 2014. According to eyewitness reports, masked armed men were present at the vote in the regional parliament. The date for the vote was brought forward twice (first from May 25 to March 30 and then to March 16).

    There were two options to choose from ; however, one could not vote for the status quo before the crisis began. The Mejlis of the Crimean Tatar people voted for a boycott of the referendum. The international law expert Anne Peters described the process , which did not comply with the requirements of the Venice Commission , as an "abuse of the referendum instrument".

    prehistory

    The following important information is missing from this article or section:
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    Disempowerment of Prime Minister Anatoly Mohiljow and vote on referendum

    Soldiers without national emblems at Simferopol airport on February 28, 2014

    In the early morning of February 27, 2014, heavily armed forces occupied the building of the Crimean regional parliament in Simferopol , hoisted the Russian flag and erected barricades .

    The following special meeting took place in camera.

    Only MPs invited by Aksyonov were allowed to attend the parliamentary session. They were searched and had to hand over their cell phones. It is doubted that this group of parliamentarians freely voted to their conscience as heavily armed men were in the wings of the building.

    According to the parliamentary press spokeswoman, 61 out of 64 MPs present voted for a referendum on the independence of Crimea. According to another representation, 81 MEPs were present during the vote, 78 of whom were said to have voted in favor of the statement, and 19 MEPs stayed away from the vote. After research by the Aftenposten , however, 36 persons entitled to vote were present, and thus too few to establish a quorum (at least 51 members). The votes of members of parliament who were not present were also counted. This affected at least 10 of the votes cast, for which duplicates of voting cards stolen from Parliament's safe were used. Some MPs whose votes were registered had not even been to Simferopol.

    The representations of the various sources available about the number of MPs present and the voting results therefore differ massively. On January 24, 2015, the separatist leader Igor Girkin spoke on Russian television that the “People's Army had to collect the MPs so that they could pass laws”.

    At the same meeting, Anatoly Mohilev , Prime Minister of Crimea, who has been in office since November 2011, was deposed by the Party of Regions and Sergei Aksyonov (Russian Unity), whose party received 4% of the vote in the last election, was elected .

    The referendum was supposed to take place on May 25, 2014, at the same time as the presidential elections in Ukraine . On March 1, 2014, however, Aksjonov announced that he would hold the independence referendum on March 30. On March 6, the Parliament of the Autonomous Republic of Crimea decided to bring the date forward again to March 16.

    Developments up to the referendum

    page 1 Page 2
    Decision of the Sevastopol City Council on the referendum
    Proportion of the Russian population in Crimea in 2001

    The Mejlis of the Crimean Tatar people announced that it considered the referendum illegal and called on the Crimean Tatar people to boycott it. The Ukrainian government under Prime Minister Arseniy Yatsenjuk ( AVV ) in Kiev declared the change of power in Simferopol to be illegal.

    The government in Kiev also described the planned referendum in Crimea as illegal and incompatible with the Ukrainian constitution - the government of Crimea is thus exceeding its constitutional powers. Interim President Oleksandr Turchynov therefore issued a decree annulling the decision of the Parliament of the Autonomous Republic of Crimea, which in turn responded by pointing out that only the Constitutional Court of Ukraine has the power to override its decisions. The German international lawyer Stefan Talmon described the decision of the Crimean Parliament as "irrelevant under constitutional and international law because it is not in accordance with the constitution of Ukraine".

    Russian President Vladimir Putin previously stated that his country was not planning to join Crimea. On February 28, the Just Russia party introduced a bill to the Russian Duma to simplify the annexation of foreign territories that lack a functioning central government.

    The city council of Sevastopol , which does not belong to the Autonomous Republic of Crimea, also voted on March 6, 2014 to join Russia and to participate in the referendum from the now earlier date of March 16.

    On March 11, 2014, the Crimean parliament decided on the steps to be taken should the referendum vote in favor of secession from Ukraine. The independence of Crimea, including Sevastopol as the Republic of Crimea, is to be declared first and then an application for admission to the Russian Federation is to be submitted. They want to become a democratic, secular and multi-ethnic state and rely, among other things, on the legal opinion on the validity of Kosovo's declaration of independence by the International Court of Justice of July 22, 2010, according to which a unilateral declaration of independence does not violate international law. When the report was announced in 2010, Russia described the ICJ's statements as "not legally clean and purely political". In its recommendation, the ICJ also emphasized that the spin-off took place following a recommendation by a UN special envoy. There is no such recommendation for the Crimea.

    On March 11, 2014, the Crimean Parliament passed the referendum declaration of independence for the Autonomous Republic of Crimea and the city of Sevastopol , with 78 of 81 members present . The government of Crimea also announced that it would seize the Ukrainian naval bases and power plants located in Crimea in the event of a detachment from Ukraine. The government in Kiev took these steps as an opportunity to ultimately call on the government of Crimea to cancel the referendum by March 12th.

    On March 13, 2014, the Ukrainian Constitutional Court discussed the validity of the decision of the Crimean Parliament to hold the referendum. The planned referendum was declared inadmissible on March 14, 2014.

    The Crimean Parliament invited the Organization for Security and Cooperation in Europe (OSCE) to observe the referendum. The OSCE declined to observe it because the referendum was unconstitutional and there was no invitation from the Ukrainian state. OSCE military observers had previously been prevented from entering the Crimea itself by armed forces.

    In the days leading up to the referendum, there was a large-scale campaign to join the Russian Federation. On election posters, the Crimea was contrasted with a Crimea in the colors of the Russian flag with a swastika and barbed wire . Others could read slogans like “Fascism will not get through. Everyone to the referendum. "

    According to Girkin, the Ukrainian police and soldiers did not support the referendum. They continued to obey the orders of the Ukrainian government.

    Election process

    Election mode

    The referendum on the status of Crimea began on March 16, 2014. Around 1.5 million eligible voters were able to choose one of two options (listed in Russian, Ukrainian and Crimean Tatar) in 1200 polling stations:

    1. Are you in favor of the reunification of Crimea with Russia with the rights of a subject of the Russian Federation?
    2. Are you in favor of restoring the 1992 Constitution of the Republic of Crimea and for Crimea's status as part of Ukraine?

    Firstly, this approach ignores the definition of the Venice Commission , whose principle specifies a YES or NO selection. Second, the question violates the principle of uniqueness; The fact is that two different constitutions were in force during 1992, making the second option ambiguous. Whether the peninsula would remain independent with a return to a 1992 constitution or whether it would only be a question of extending autonomy rights while remaining in the Ukrainian state association, is not clear from the questions of the referendum. But anyone who wanted to reject a change to the constitution could not do so. There was no option for the status quo , i.e. for remaining in Ukraine without the restoration of a 1992 constitution.

    Election process and voter turnout

    Ballot for the referendum on March 16, 2014
    transparent ballot box for the referendum on March 16, 2014

    The roughly 1,205 polling stations opened at 8 a.m. local time and closed at 7 p.m. local time under tight security.

    A few hours after the polls opened, Sergei Aksyonov said on Russian television that the turnout was already close to 50 percent. Mikhail Malyshev, the head of the Electoral Commission of the Autonomous Republic of Crimea, confirmed a turnout of 42.27 percent or 670,631 voters at around 12:00 p.m. local time.

    As is customary in Ukraine, transparent ballot boxes and voting papers without envelopes were used. It was left to the voters to fold their ballot papers or not (and thus vote openly).

    The document of the Copenhagen meeting of the Conference on Security and Co-operation in Europe of the Conference on the Human Dimension of the CSCE of 29 June 1990 prescribes secret voting in points 5.1 and 7.4 . Russia and Ukraine became members of the CSCE in 1992.

    Official election result

    The head of the electoral commission, Mikhail Malyshev, announced a preliminary result that 95.5 percent of the votes cast were in favor of the reunification of Crimea with Russia with the rights of a subject of the Russian Federation . For the restoration of the 1992 Constitution of the Republic of Crimea and for Crimea's status as part of Ukraine, 3.5 percent voted and 1.0 percent were invalid ballot papers. The turnout was around 82 percent.

    According to later information from the Russian news agency RIA Novosti , 96.77% of the voters - corresponding to 1.233 million votes - were in favor of joining Russia; the turnout was 83.1%. The majority of the Crimean Tatars in particular boycotted the vote.

    Reactions

    Dealing with foreign journalists

    Foreign journalists were harassed before the referendum. Incidents broke out throughout the week in which reporters were attacked, beaten, and robbed of equipment by pro-Russian militias. The evening before the vote, gunmen stormed the Moskva Hotel (in Simferopol ) and searched reporters' rooms.

    diplomacy

    The representatives of the G8 states (except Russia) as well as the presidents of the Council of Europe and the EU Commission declared on March 12, 2014 that they would not recognize the planned referendum in Crimea. A Russian annexation of Crimea would violate the Charter of the United Nations , Russia's obligations under the Helsinki Final Act of 1975, the Friendship Treaty and the Naval Stationing Treaty with Ukraine of 1997, and the Budapest Memorandum of December 1994.

    The European Parliament supported this on March 13, 2014 in a non-legislative resolution. It calls for the immediate withdrawal of those Russian armed forces that are illegally stationed in Ukraine. The Russian allegations are unfounded. MPs urged the Ukrainian government to fully protect the rights of persons belonging to national minorities, including the rights of Russian-speaking Ukrainians. They called for the introduction of a new, far-reaching language regime that would encourage all minority languages. The existing cooperation between the European Parliament and the Russian State Duma as well as the Federation Council could not be continued as before.

    On March 15, Russia vetoed a resolution by the United Nations Security Council to invalidate the Crimean independence referendum on March 16. The UN veto power China abstained, the other members of the council voted in favor. As the reason for the veto, the permanent representative Vitaly Churkin stated that the interim government of Ukraine named in the resolution text was not the “interim government of national unity” agreed on February 21. Tschurkin described the failure to disarm the even more radical organization “Right Sector” as a further violation of the agreement of February 21. The fact that China had not sided with Russia by abstaining was attributed by Western diplomats to the violation of the referendum in Crimea against the fundamental principles of territorial integrity and non -interference represented by China in the UN Security Council . The representative of the veto power France, Gérard Araud , described the veto of Russia as a Russian defeat.

    After the vote, the German government emphasized that the referendum, the declaration of independence and the admission of Crimea to the Russian Federation contradict international law.

    On March 18, the Kazakh Foreign Ministry declared that the referendum was the free expression of the will of the people and welcomed the actions of the Russian Federation . The Argentine President Kirchner compared the referendum with the referendum that took place in the Falkland Islands a year ago and reproduced the passage on the right of peoples to self-determination from the UN Charter. The Falkland referendum she herself described as a “parody” and had not recognized it in advance.

    With a large majority, the UN General Assembly passed a non-binding resolution on March 27, 2014 , in which the referendum is described as “invalid” (“ […] Underscores that the referendum held in the Autonomous Republic of Crimea and the city of Sevastopol on 16 March 2014, having no validity […] "). 100 states voted for this resolution, 11 states voted against (including: Russia, North Korea, Syria, Cuba, Belarus) and 58 countries abstained (including: China and Kazakhstan). Thereafter, Russia's permanent UN representative Vitaly Churkin claimed that the West had put a large number of states that voted in favor of the resolution under considerable pressure (especially economic) prior to the vote. However, Tschurkin gave no examples of allegedly blackmailed states.

    Assessments

    Human Rights Council to the Russian President

    At the end of April 2014, the Human Rights Council published a report to the Russian President on “Problems of the Crimean People”. According to the report, "50 to 60 percent of the electorate would have voted for the connection, with a voter turnout of 30 to 50 percent". Many of those who voted for an Anschluss actually wanted to use their vote to protest “against the arbitrariness and corruption of the regional leadership appointed by the ousted President Viktor Yanukovych”. The Human Rights Council visited Crimea in mid-April 2014 with a delegation that included human rights activist Swetlana Gannushkina . The website of the Human Rights Council initially reported that there was only a 30% turnout. This information disappeared a little later from the website; another report cited the proportions given above.

    Further assessments

    According to the historian Andreas Kappeler , a majority of the population probably voted for an Anschluss, many “in the hope of a higher standard of living”. He also mentions that the referendum did not meet international standards and that the results were falsified. Before the annexation, historians referred to this “special case” of the 60 percent Russian population ( Andreas Umland ) or named the “quite unique” ( Anne Applebaum ) population composition with a large number of pensioners from the former Soviet Union .

    Assessments under international law

    Anne Peters described the process , which did not meet the requirements of the Venice Commission , as an "abuse of the referendum instrument". The Venice Commission had condemned the events in an investigation on the following points:

    • The referendum was in conflict with the Ukrainian constitution;
    • the question was ambiguous;
    • there have been reports of extensive electoral fraud;
    • neutral, independent campaigns before the referendum were not possible in just 10 days between the announcement and the actual holding;
    • independent election observation was not possible.
    • the referendum took place in an unpacified area.

    In the opinion of Peter Hilpold, the last point was the most serious.

    Luzius Wildhaber, for his part, summarized: "The Crimean plebiscite was therefore illegal and manipulated."

    See also

    literature

    Anne Peters: The international law of the area referendums. The example of Ukraine 1991–2014. In: Eastern Europe 5–6 / 2014, pp. 101–134

    Web links

    Commons : referendum on the status of Crimea  - collection of pictures, videos and audio files
     Wikinews: Referendum in Crimea: More than 96 percent vote to join the Russian Federation  - news

    Individual evidence

    1. ↑ a b Crimean referendum: Putin's apparent victory , Spiegel Online, March 16, 2014.
    2. ↑ a b The Crimean Vote of March 2014 as an Abuse of the Institution of the Territorial Referendum , Max Planck Institute for Comparative Public Law and International Law; University of Basel - Faculty of Law, July 8, 2014.
    3. ^ Upheaval in Ukraine: Kiev warns Russia of troop movements , FAZ from February 26, 2014.
    4. ↑ Andrew Higgins: Grab for Power in Crimea Raises Secession Threat , NYT, February 27, 2014, accessed March 10, 2014.
    5. ↑ Christian Rothenberg: The Curious Rise of Aksjonov - Putin's henchman in the Crimea , n-tv from March 6, 2014, accessed on April 4, 2014.
    6. ↑ a b Simon Shuster: Putin's Man in Crimea Is Ukraine's Worst Nightmare , Time Magazine, March 10, 2014, accessed April 4, 2014.
    7. ↑ a b Per Kristian Aale: Voting fraud secured pro-Russian majority in Crimean parliament ( Memento from March 9, 2014 in the Internet Archive ), Aftenposten from March 9, 2014 (English).
    8. ↑ a b Before referendum on joining Russia: Crimea formally declares itself independent , Spiegel Online , March 11, 2014.
    9. ↑ Alissa de Carbonnel: RPT-INSIGHT-How the separatists delivered Crimea to Moscow , Reuters of March 13, 2014, accessed on April 4, 2014 (English).
    10. ↑ Putin's “shooter” exposes Crimean separatists , n-tv.de, January 26, 2015, accessed on January 26, 2015.
    11. ^ RP Online : Referendum in Crimea. Ballot: Russia does not tolerate a place for an “Njet” . March 14, 2014
    12. ↑ Crimean parliament sacks regional government, approves referendum , RT News of February 27, 2014, accessed on March 12, 2014
    13. ↑ Sergei L. Loiko: New Crimea leaders move up referendum date , LA Times, March 1, 2014, accessed March 6, 2014
    14. ↑ Tim Sullivan and Yuras Karmanau: Crimea Referendum Vote On Joining Russia Scheduled For March 16 , Huffington Post, March 6, 2014, accessed March 6, 2014
    15. ↑ Crimean Tatar Leader Tells People To Stay At Home, Avoid Confrontations. Rferl.org, March 2, 2014, accessed March 7, 2014 .
    16. ^ Statement of Mejlis of the Crimean Tatar People as Regard to Announcement of "Crimean Referendum" by Verkhovna Rada of Autonomous Republic of Crimea. Mejlis of the Crimean Tatar people , March 6, 2014, accessed March 18, 2014 .
    17. ↑ Kiev describes the referendum as illegal. Neuer Zürcher Zeitung, accessed on March 12, 2014 .
    18. ↑ Ukrainian interim president bans Crimean referendum
    19. ↑ International lawyer on the situation in Crimea: "Crimea alone has nothing to decide". tagesschau.de, March 7, 2014, accessed March 8, 2014 .
    20. ↑ Interview on the crisis in Ukraine: “Putin's arguments are threadbare”. tagesschau.de, March 5, 2014, accessed on March 8, 2014 .
    21. ↑ Crimean Parliament for connection to Russia , NZZ of March 6, 2014
    22. ↑ Russian Lawmakers Push to Simplify Annexing New Territories
    23. ↑ Crimean Lawmakers Coordinate With Russians To Push Annexation
    24. ↑ Депутаты Севастопольского городского совета приняли решение об участии населения города в проведении общекрымского референдума ( Memento of 11 March 2014 Internet Archive )
    25. ↑ Sevastopol City Council votes in favor of joining Russia
    26. ↑ Steven Erlanger and David M. Herszenhorn: Air Links Are Severed as Russia Tightens Its Grip on Crimean Peninsula , NYT, March 11, 2014, accessed March 11, 2014
    27. ↑ Парламент Крыма принял Декларацию о независимости АРК и г. Севастополя ( Memento from March 11, 2014 in the Internet Archive )
    28. ↑ FAZ.NET with wie .: Bosnian Serbs also threaten to split off. In: FAZ.net . July 23, 2010, accessed October 13, 2018 .
    29. ^ Declaration of independence of Kosovo not contrary to international law. In: FAZ.net . July 22, 2010, accessed October 13, 2018 .
    30. ↑ Stuttgarter Nachrichten: Crimean government wants to confiscate Ukrainian ships from March 11, 2014
    31. ^ Parliament in Kiev issues ultimatum to the Crimean government. Frankfurter Allgemeine Zeitung , accessed on March 12, 2014 .
    32. ↑ ПРЕС-СЛУЖБА КОНСТИТУЦІЙНОГО СУДУ УКРАЇНИ ( memento from March 13, 2014 in the web archive archive.today )
    33. ↑ Справа 1-13 / 2014 ( Memento of March 14, 2014 in the Internet Archive )
    34. ↑ Crimean Parliament Sends OSCE Invitation To Monitor Referendum
    35. ↑ OSCE Chair says Crimean referendum in its current form is illegal and calls for alternative ways to address the Crimean issue
    36. ↑ Armed men deny OSCE observers access to Crimea Die Zeit of March 7, 2014
    37. ↑ The seven most important questions about the Crimean referendum , Focus on March 13, 2014
    38. ^ Nervousness before the referendum , Deutsche Welle of March 14, 2014.
    39. ↑ We got you to vote , NZZ
    40. ^ The ballot for the Crimean referendum , Wiener Zeitung on March 15, 2014
    41. ^ Christian Marxsen: The Crimea Crisis - An International Law Perspective (=  journal for foreign public law and international law . Volume 74 , no. 2 ). 2014, p. 367-391 ( PDF ).
    42. ^ Richard Balmforth: No room for 'Nyet' in Ukraine's Crimea vote to join Russia . In: Reuters , March 11, 2014.
    43. ↑ Kateryna Choursina and Andrea Dudik: Crimea Referendum Offers Taste of Democracy 'Under Guns . In: Bloomberg Businessweek , March 10, 2014.
    44. ↑ tagesschau.de ( Memento from March 15, 2014 in the Internet Archive )
    45. ↑ High turnout in the Crimean referendum. In: Südtirol news. March 16, 2014, archived from the original on March 19, 2014 ; accessed on April 2, 2014 (14:44 CET).
    46. ↑ Crimean referendum. Majority in favor of joining Russia. heute.de, March 16, 2014, archived from the original on March 16, 2014 ; Retrieved on April 2, 2014 (news ticker, notification from 12:13 p.m. CET).
    47. ↑ The referendum in the Crimea in retrospect. sueddeutsche.de, March 16, 2014, accessed on April 2, 2014 (photo series).
    48. ^ Document from the Copenhagen meeting of the Conference on the Human Dimension of the CSCE. (PDF, 69 kB) p. 4, 5, 7 , accessed on April 2, 2014 : “5.1: Free elections are held at appropriate intervals by secret ballot or by an equivalent free voting process under conditions that allow the free expression of the opinion of the Actually guarantee voters when electing their representatives [...] 7.1: ... hold free elections at reasonable intervals, as required by law ... "
    49. ↑ Crimean referendum: 96.77 percent vote for reunification with Russia - final result. RIA Novosti , March 17, 2014, accessed March 17, 2014 .
    50. ↑ Steffen Honig: Magdeburg expert: Crimean Tatars fear Russian rule. Volksstimme , March 18, 2014, accessed on March 18, 2014 .
    51. ^ Statement of G-7 Leaders on Ukraine
    52. ↑ Parliament condemns invasion of Crimea and calls for the withdrawal of all armed forces
    53. ↑ a b Russia vetoes UN resolution against Crimea referendum , Reuters of March 15, 2014, accessed on March 15, 2014.
    54. ↑ Vitaly Churkin: dissidents in Ukraine are threatened with violence ( Memento from March 15, 2014 in the Internet Archive ), Kharkov News Agency, March 15, 2014.
    55. ↑ La résolution sur la Crimée rejetée à l'ONU , Le Monde, March 15, 2014, accessed on March 15, 2014
    56. ↑ www.bundeskanzlerin.de
    57. ↑ tagesschau.de (with many other links)
    58. ↑ Kazakhstan affirmed Crimean referendum ( Memento of March 19, 2014 in the Internet Archive ), Kharkov News Agency, March 18, 2014.
    59. ↑ Argentina President supports Crimea choice ( March 19, 2014 memento in the Internet Archive ), Kharkov News Agency, March 18, 2014.
    60. ↑ Falkland Islands vote on belonging to Great Britain. dpa, March 10, 2013, accessed on March 27, 2014 .
    61. ↑ Falklands referendum: Islanders vote on British status. BBC News, March 10, 2013, accessed March 27, 2014 .
    62. ↑ Kirchner calls the referendum on the Falkland Islands “parody” ( memento of April 8, 2014 in the Internet Archive ), Zeit Online , March 13, 2013. Retrieved March 27, 2014.
    63. ↑ http://www.un.org/ga/search/view_doc.asp?symbol=A/68/L.39
    64. ↑ http://www.un.org/News/Press/docs//2014/ga11493.doc.htm
    65. ↑ Ukraine crisis: UN General Assembly condemns annexation of Crimea. In: Zeit Online. March 27, 2014, accessed April 1, 2014 .
    66. ↑ Russia criticizes UN resolution condemning Crimea's secession. Reuters, March 28, 2014, accessed April 2, 2014 .
    67. ^ West pressures 50 countries over UN vote: Russia. PressTV, March 30, 2014, accessed April 2, 2014 .
    68. ↑ UN vote shows Russia far from isolated - Churkin. Russia Today, March 28, 2014, accessed April 2, 2014 .
    69. ↑ Christian Weisflog: Crimean referendum heavily falsified. Neue Zürcher Zeitung , May 5, 2014, accessed on May 5, 2014 .
    70. ↑ Проблемы жителей Крыма. Human Rights Council to the Russian President , April 21, 2014, accessed on May 5, 2014 (Russian, report “Problems of the Crimean People”).
    71. ^ Crimean crisis. Website proves election fraud. Archived from the original on May 9, 2014 ; accessed on May 10, 2014 .
    72. ^ Andreas Kappeler: Brief history of the Ukraine. Beck, Munich 2014, ISBN 978-3-406-67019-0 , p. 354.
    73. ↑ a b Luzius Wildhaber: Crimea, Eastern Ukraine and International Law (PDF).
    74. ↑ "Where are you, Europe?" , The European , May 1, 2015.
    75. ↑ Putin merely pushes the Black Sea fleet forward , SRF, March 4, 2014.
    76. ↑ Venice Commission: Opinion on “whether the decision taken by the Supreme Council of the Autonomous Republic of Crimea in Ukraine to organize a referendum on becoming a constituent territory of the Russian Federation or restoring Crimea's 1992 Constitution is compatible with constitutional principles” , 21 March 2014, Opinion 762/2014, CDL-AD (2014) 002 ( online ).
    77. ↑ Peter Hilpold: The Ukraine crisis from an international law perspective: a dispute between law, history and politics , SZIER , issue 2/2015, p. 177 ( PDF ).