Secession and Intervention in the Former Soviet Space: The Crimean Incident and Russian Interference in Its ‘Near Abroad’

Following Russian intervention and a referendum held on 16th March 2014, the Ukrainian republic of Crimea became incorporated within Russia. The Crimean episode marked just the latest in a series of situations arising in former Soviet states in which secessionist movements within disaffected territorial units were able to advance their causes aided by Russian external intervention. These situations raise significant international legal issues pertaining to secession by component parts of existing states, underpinned by external intervention. The unwillingness of the international community to recognise Russia’s incorporation of Crimea, similar to its earlier rejection of the purported secession of South Ossetia and Abkhazia from Georgia, reinforces the widely held view that non-consensual secession must be grounded in exceptional circumstances which were found to be lacking in all of these situations. It also reaffirms the principle that territorial changes brought about by external intervention will not be recognised. However, while legal assessments of these incidents may appear prima facie straightforward, they cannot be entirely divorced from the wider political phenomenon of ethnic conflict in former Soviet states and tensions existing in those states between factions seeking to further European integration and those prioritising strengthening relations with Russia. The international legal reasoning employed by the key protagonists must be understood with reference to this wider context.     

Globalization and extraterritorial application of economic regulation: crisis in international law and balancing interests

There are two developments the combination of which has led to new challenges to international law: the growth of economic regulations and globalisation. While the modern economies are associated with the proliferation of regulatory laws which are rooted in the national economic and social policies, the loosening of the national borders and globalisation has led to conflicts of economic regulations. Such developments have posed various risks of violations of national economic regulations by the economic actors and could lead to tension among national states which have jurisdiction over multinational enterprises in one way or another. The private parties involved in such a situation could somehow avoid such risks by their own initiatives and contractual arrangements but in most cases such measures do now work and the conflict has to be resolved through the cooperation between the countries involved. The paper investigates the potentials for public international law to come up with rules, principles and norms to resolve such complex disputes which touch up issues such as non-intervention, equality of sovereign states, state immunity, self-determination and other principles of international law. Unlike certain area of international law such as law of sea where a few factors involved and the disputes could be resolved by relying on simple facts and rules, the application of national economic regulations extraterritorially creates tensions among the nation states in respect of the demarcation of national jurisdictions. It is here that public international faces a new challenges and need to come up with new approaches such a balancing of interests of the states involved in the conflicts.     

Dynamics of the Soviet illicit drug market

The demise of communism, Westernization, internal economic reform and the disintegration of the Soviet state create fertile soil for the growth of drug abuse and drug trafficking in (the former) USSR. Rates of drug abuse have soared since the mid-1980s, especially in the European parts of the (former) Union; also, organized interregional drug mafias have emerged to serve this rapidly expanding market. The (former) USSR does not now participate significantly in the international narcotics market as a consumer or supplier of illicit substances; however, this pattern of relative self-sufficiency could change dramatically in the 1990s. Convertibility of the ruble could result in a large flow of Western hard drugs such as cocaine, heroin or crack into European Russia. A rapid expansion of trade, travel and economic ties with Western countries will widen the pipeline for the movement of drugs. Finally, Moscow's weakening hold over the (former) Soviet Central Asian republics and Central Asia's generally bleak economic prospects correlate with an apparent massive expansion of drug crop cultivation in that region; if current trends continue, (former) Soviet Central Asia could well become a significant world supplier of hashish and opium products, during the 1990s.Research for this study was completed prior to the transformation of the USSR into the Commonwealth of Independent States.This paper was published as an occasional paper by the Kennan Institute of Advanced Soviet studies and has been updated since then.This paper was prepared for the Department of State as part of its external research program. Views or conclusions contained herein should not be interpreted as representing the official opinion or policy of the Department of State.     

How national security considerations affect technology transfer

The transfer of United States high technology to the Soviet Union shows that, contrary to many assumptions, international transfer of technology can heighten national rivalries and increase military tensions. Many advanced technologies have important military applications. The Soviet Union has acquired much such technology from the west and then has used it to strengthen Soviet military capabilities vis-a-vis the west. This approach to international technology transfer supports general Soviet priorities in science and technology, which emphasize military power rather than international commercial competitiveness or domestic social welfare. The United States and its allies have responded by sharing militarily applicable technology among themselves while denying its export to the Soviet bloc. As of September 1988, neither the Soviet policy of glasnost nor progress in the US-USSR arms control negotiations seems to have changed the primarily military bent of Soviet policy on technology transfer. Sumnner Benson, Ph. D. deputy director for Technology Cooperation and Security in the Office of the Secretary of Defense and is senior assistant to the director of the Defense Technology Security Administration     

Women who traffic women: the role of women in human trafficking networks – Dutch cases

In the context of human trafficking, women are frequently portrayed as victims, whereas men are usually seen as offenders. In this article, we will demonstrate that women can also fulfil active, even leading, roles in human trafficking networks. Based on data collected from 89 court files in various Dutch courts in 2006–2007, we have analysed the role, tasks, and activities of these women. Assessing their independence, their tasks, and the extent of their equality in relationships with male traffickers, we have divided them into three categories: supporters, partners-in-crime, and madams. We have found that there is a wide variety of possible roles within the framework of human trafficking activities, and that African madams hold key positions in international human trafficking networks.     

The trade in people in and from the former Soviet Union

This paper focuses on the trafficking and smuggling of human beings fromand through the former Soviet Union. It explores the reasons for the risein the illegal movement of people; the groups which facilitate it; the demographics of the people who are moved and the business side, includingthe profits, the disposition of profits and the use of corruption to facilitatethe trade. With the disintegration of state control over national territory, this mass movement of people often violates national laws and the national sovereignty of the countries of the Soviet successor states and the countrieswhere the former Soviet citizens move illegally. The paper concludes that thistrade mirrors and contributes to the overall downward development of thepost-Soviet economies. In contrast, a comparative look at the respective Chinese developments indicates that trade in human beings tends to facilitatethe growth of both the Chinese legitimate and illegitimate economies.     

The state human trafficking and human rights issues in Africa

Internal factors in Africa which include limited autonomy of African states, the states’ various degrees of lack of capacity, as well as inept and parasitic leadership make human trafficking and human rights abuses in Africa inevitable. Regardless of the connections suggested to exist between globalization and human trafficking, internal factors in Africa are more fundamental than globalization in explaining human trafficking and the associated human rights violations. Corruption and misrule brought about wars and crises, unemployment, poverty, and diseases, all of which acted as push factors in disposing victims to be trafficked. Internal factors were exacerbated by the structural adjustment programs of the 1980s and were only deepened by the impacts of globalization. Any meaningful resolve to combat human trafficking and fight human rights abuses in Africa necessarily has to address the nature of state and the character of the leadership in the region.     

Methods of sex trafficking: findings of a case study in Turkey

The underground sex industry in Turkey has increasingly become dependent on the foreign women, predominantly coming from the former Soviet Union. Some of these women became victims of sex trafficking. However, little is known about how they are recruited, transferred to, and exploited in Turkey. This article attempts to enlighten this process and makes use of police-recorded victim interviews (N?=?430), as well as key personnel interviews (N=?18) as primary data. Various methods and tactics are found to be used in sex trafficking operations in Turkey. Most victims are recruited by persons known to them proposing attractive job possibilities, especially in the entertainment business. The majority of victims enter Turkey with legal documents and with various transportation means. Traffickers obtain girls and sell them to customers in public and private settings using methods to control the victims, such as debt bondage, violence, confinement, confiscation of travel documents, and threats.     

Clans,politics and organized crime in Central Asia

This paper investigates the role of transnational organized crime in the democratisation process in the Central Asian area. It examines the inherent connections that exist between the leading tribal families, political elites and organized crime, and explores how criminal networks have proliferated in society and consequently in politics. The complete absence of a ruling élite and striking economic issues left unsolved were the legacy that Soviet rule would leave to the newly independent Central Asian Republics. After the fall of the former Soviet Union other, more profitable forms of transnational organized crime flourished. According to the official statistics of the UNODC and the American State Department, 92% of the world’s heroin is produced in Afghanistan. Of this, around 65% is smuggled into Europe and America along the Silk Road, and therefore through the five Central Asian Republics and Russia. High levels of corruption in Central Asia heavily affect political and economic life. The economies of the region have progressively become dominated by criminal activity with smuggling, trafficking and other activities linked to transnational organized crime as the major source of income. Central Asia’s strategic location makes this a global security concern.

What Does It Mean to Control Migration? Soviet Mobility Policies in Comparative Perspective

The migration policies of the former Soviet Union (or USSR) included a virtual abolition of emigration and immigration, an effective ban on private travel abroad, and pervasive bureaucratic controls on internal migration. This article outlines this Soviet package of migration controls and assesses its historical and international distinctiveness through comparison with a liberal state, the United States, and an authoritarian capitalist state, Apartheid South Africa. Soviet limitations on external migration were more restrictive than those of contemporary capitalist states, and Soviet regulation of internal migration was unusual in its direct bureaucratic supervision of the individual. However, Soviet policy did not aim at the suppression of internal migration, but at its complete regularization. The ultimate goal was “regime adherence”: the full integration of the citizen into the Soviet political order. In contrast to the USSR, migration in the contemporary world is marked by “irregularization”: policies that lead to the proliferation of insecure and unauthorized migration.     

Out of Africa: The human trade between Libya and Lampedusa

Smuggling and trafficking in persons is ipso facto illegal. Is this criminal activity organised or diffuse? Recent objective indicators show that between 2000-2005 the reported incidence of people trafficking and smuggling from North Africa to Europe has escalated. The article examines the nature of criminality involved in people smuggling and trafficking with specific reference to the sea route between Libya and the Italian island of Lampedusa, 180 miles north of the Libyan coast. In 2006 almost 19,000 illegal migrants arrived on this small island. Recent major operations conducted by the Italian anti-mafia unit and the state police suggest transnational criminal organisation of the trade. The networks involved in this trade, however, do not conform to mafia-like hierarchical organisations but rather smaller, more complex and fluid criminal networks. The article aims to cast light on how people are smuggled and trafficked. The background to the rise in illegal immigration from Libya is sketched underlining the ‘push’ and ‘pull’ factors involved in the human trade. The article’s chief objective is to provide a greater understanding of the mechanisms and processes involved in smuggling/trafficking. A better knowledge of the processes involved is vital if domestic, regional and international authorities and bodies are to counter the practice and/or to formalise it.     

Smuggling wildlife in the Americas: scale,methods, and links to other organised crimes

International wildlife trafficking has garnered increased attention in recent years with a focus on the illicit trade in ivory, rhinos, and other animals from Africa and Asia. Less is known about trafficking in the Americas. By conducting a systematic review of academic literature, popular accounts, and government reports, this case study attempts to identify the scope and methods of wildlife trafficking in the Americas and its connections to organised crime. Unlike arms or drug smuggling, individual operators with minimal connections to other criminal activities dominate the trade. Most perpetrators work independently and have expertise and interests in legitimate businesses involving animal products. Methods of concealment are frequently rudimentary and little appears to be known about primary trafficking routes. Overall, wildlife smuggling in the Western Hemisphere appears to be a small-scale activity, small in its aggregate amounts, and strongly linked to legitimate businesses operating in a low risk and technologically narrow environment.     

Drugs,Guns and Rebellion: A Comparative Analysis of the Arms Procurement of Insurgent Groups in Colombia and Myanmar

Several insurgent groups have financed their arms procurement through drug trafficking, explaining in part the long duration of conflicts in drug producing countries. Incomes generated from this trade do not however automatically translate into improved military capabilities, since access to military-grade weapons typically requires tacit or active state support. Hence, two groups with similar types of funding can still have access to very different types of armaments, impacting their operational capability. This paper compares the arms procurement of the Fuerzas Armadas Revolucionarias de Colombia (FARC) and the United Wa State Army (UWSA) in Myanmar. Both insurgent groups have procured arms through networks and with finances from the drug trade. The UWSA's 20,000-strong force and significant armaments, including Man-portable air defense systems (MANPADS) believed to be provided by China, is largely supported by these illicit activities and the networks they provide. FARC has ample access to small arms, the acquisition of which has been financed by taxation of the drug trade. In spite of significant incomes, FARC however until very recently lacked access to MANPADS, a fact which has significantly hampered its ability to withstand the Colombian counterinsurgency campaign, specifically targeted aerial assaults. The exploratory comparisons drawn in this paper offer insights into how insurgent groups can pass a crucial threshold of arms procurement, funded by illicit activities, that renders their dissolution far more difficult, while also highlighting the continued importance of state support in explaining rebel group resilience.     

“最大空间吸引力原则”：整合多维正义的一种冲突法新说

本文拟创的冲突法"最大空间吸引力说"的要义是:法律选择实际上就是决定哪一个国家的民商事法律规范对跨国民商事关系最有"空间吸引力"的过程,而对"空间吸引力"大小的判断,应综合考虑以下两方面的因素:一是各国民商事法律规范本身对跨国民商事关系所具有的吸引力,而这种吸引力的大小又取决于体现在各国民商事法律规范中"国内实体正义"和"国际实体正义"之成分对比;二是各国与跨国民商事关系在空间上的实际联系程度,这与"冲突正义"的实现密切相关。可见,"最大空间吸引力说"可以整合和接近"国际实体正义"、"国内实体正义"及"冲突正义",是一种比较周全和合理的法律选择理论。我国冲突法可通过采取"以硬性推定为主,以灵活适用为辅"的法律选择机制全面引入"最大空间吸引力原则"。     

Are there Emerging West African Criminal Networks? The Case of Ghana

This paper situates discussions about emerging African Criminal Networks (ACN) within Ghana specifically, and West Africa generally, and seeks to present the initial results of an empirically based study on the activities of transnational organised criminal (TOCs) groups in Ghana. The paper argues that the nature of state and statehood in Africa and its inability to establish effective regulatory mechanisms contributes to the rise of these particular types of criminal groups. It begins by conceptualising the place of Ghanaian and West African criminal groups within the framework of international crime. Furthermore, it undertakes an in-depth analysis of three types of crimes; namely computer and internet crime, drug trafficking and (artisanal) small arms manufacture and smuggling in Ghana. By applying a set of standard variables and criteria, the paper evaluates the growth of TNCs in these three issue-areas and how such activities potentially undermine public institutions like the Ghana Police Service (GPS), customs, excise and preventive services (CEPS), judiciary, banking and political parties and political institutions in Ghana. Finally, it seeks to offer an explanatory framework for the growth and acceptance by local communities of the activities of organised crime in Ghana by situating this within a cultural ethos and the social welfare roles played by those involved in such crimes.     

Church,State, and Society in the East

The articles in this issue of Russian Politics and Law review the role of religion in state-society relations in the former Soviet Union. They examine the role of the Church in several former Soviet republics and show that the Orthodox Churches in former Soviet states share many commonalities.     

Chechnya's Right of Secession under Russian Constitutional Law

This article was written in a period of time when the escalationof the armed conflict in Northern Caucasus and particularlyin Chechnya reached the zenith of violence and unpardonablehuman slaughter.¹ Although contemporary international law doesnot accept the separatist movement's claims to create its ownstatehood, we have to look at the constitutional proceduresfor the modifications of the Fundamental Law of the RussianFederation: At the same time, the political situation afterthe dissolution of the former Soviet Union, the strong presidentialpowers in the constitutional hierarchy of executive organs,and the evident tensions between them and the Russian constitutionaltraditions have to be taken into account. The ambiguous and complicated character of the Chechen conflictis due to the fact that the Russian Federation has tried tokeep this conflict from the attention of the international communityby claiming that the Russian-Chechen conflict is an entirelyinternal matter. It is doubtful in this case if the Russianleadership, who have continued their tough policy, will finda peaceful solution to the almost ten-year armed conflict inthe region. Footnotes ^*LLM, Sofia University "Saint Kliment Ohridski", Faculty ofLaw.     

The Enforcement of Arrest Warrants by International Forces: From the ICTY to the ICC

The conflict in the former Yugoslavia set a precedent in modernhistory for having a multinational military force being empoweredand directed to execute arrest warrants issued by an internationalcriminal tribunal. On legal grounds, the International CriminalTribunal for the former Yugoslavia (ICTY) attained this resultby relying on the broad wording of its governing Statute coupledwith the ICTY's own rule-making powers. In contrast, the draftersof the International Criminal Court (ICC) Statute elaboratedon the nature of the cooperation from international forces insignificantly more details but at the same time opted for reducingthe ICC's powers vis-à-vis these forces. Therefore, theICC Statute now runs contrary to the ICTY's case law recognizinga judicial power to order an international force to executean ICTY arrest warrant. This deferential stance towards collectiveenterprises of states not only infringes upon the States Parties’general obligation to cooperate with the ICC, but, in the end,weakens the ICC's ability to enforce international criminaljustice.     

The Social Organisation of Migrant Smugglers in Turkey: Roles and Functions

Thousands of irregular migrants and refugees are transported from conflict areas and/or underdeveloped countries to wealthy Western states. These transfers are usually facilitated and arranged by migrant smuggling organisations. This paper reflects part of a comprehensive research project on irregular migration and migrant smuggling in Turkey and examines the structure and networks of smugglers operating in Turkey. Based on face-to-face interviews with smugglers (N?=?54), it aims to shed light on migrant smugglers, smuggling structures and their organisations in Turkey. The findings suggest that the migrant smuggling business is composed of networks established at the local, national and international levels. These are structured on an ad hoc basis and are often adaptable to any changes and opportunities that may arise.