ウクライナと国際法の危機
OPINIÓN
Ucrania y la crisis del derecho internacional
EE UU, Rusia, la UE y la OTAN citan cuando conviene al derecho y lo ignoran cuando estorba
Jeffrey Sachs 6 ABR 2014 - 00:00 CET
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OPINION
Ukraine and the crisis of international law
U.S., Russia, the EU and NATO should be cited when the right and ignore it when it clogs
Jeffrey Sachs 6 ABR 2014 - 00:00 CET
Russia's actions in Ukraine constitute a serious and dangerous violation of international law. In 1994 , Ukraine agreed to give up the nuclear arsenal it had inherited from the Soviet Union in exchange for a solemn commitment by the United States , UK and Russia to protect the territorial integrity and sovereignty of Ukraine. Now Russia has broken its promises , which harms not only Ukraine but also weakens the international legal framework for the prevention of nuclear proliferation.
Unless Russia change its course (which now seems unlikely ) , the global consequences can be serious. United States and the European Union imposed sanctions will weaken the Russian economy and the world , stimulating further tensions and nationalism. Any error on one side or the other, could lead to a violent catastrophe . Just remember the spiral of hubris and miscalculations that led to the outbreak of the First World War , which this year holds a century .
But beyond the fears raised by the crisis in Ukraine, not to forget the widespread disregard of international law that has been seen in recent years. Without wishing to subtract gravity to the latest Russian actions , it should be noted that in a context of repeated violations of international law by the United States, the European Union and NATO. Each of these violations undermines the fragile edifice of international law and exposes the world to the risk of falling into a war of all against all without any legal support.
In recent years, also the United States and its allies launched a series of military interventions in contravention of the Charter of the United Nations and without support of the Security Council of the UN. In 1999, when NATO bombed Serbia, under the direction of the United States, made it out of the international legal framework and despite strong protests from Russia , an ally of Serbia country. The subsequent declaration of independence of Kosovo from Serbia , recognized by the United States and most European Union members , created a precedent that Russia comes hurrying to justify their actions in Crimea. The irony is obvious.
The Security Council should help to find a negotiated solution that would preserve the sovereignty and territorial integrity of Ukraine
The Kosovo war followed the two that led the United States in Afghanistan and Iraq , which occurred without the support of the Security Council and in the case of Iraq , despite strenuous objections within it. Both Afghanistan and Iraq , the effects have been completely devastating.
The actions carried out in 2011 by NATO in Libya to overthrow Muammar Gaddafi constituted another violation of international law. After the Security Council adopted a resolution establishing a no-fly zone was instituted and other measures were taken with the stated goal of protecting Libyan civilians , NATO used the resolution as a pretext to bomb the Gaddafi regime and pulling . Russia and China adamantly questioned these actions and then said , as stated now that NATO has exceeded its mandate seriously . Today, Libya remains mired in instability and violence , and lacks an effective national government.
As Russia said on more than one occasion, the U.S. actions in Syria were also contrary to law. When in early 2011 they began the Arab Spring in Syria Peaceful demonstrations calling for reform gathered , but the regime of President Bashar al-Assad 's repressed violently , causing the rebellion of military units . Then , in mid-2011 , the U.S. began to support the military insurrection , and President Barack Obama said that Assad should "step aside" .
Later, the United States, Saudi Arabia, Turkey and other countries have been providing logistical, financial and military support to the insurgency , in violation of Syrian sovereignty and international law . There is no doubt that he acted with cruelty Assad , but neither is it that U.S. support for the rebels is a violation of Syrian sovereignty and contributed to an upward spiral of violence that by now killed more than 130,000 Syrians and caused the destruction of much of the cultural heritage and infrastructure.
This is you could add many other U.S. actions , including: drone attacks on the territory of sovereign states without the consent of their governments ; covert military operations ; transfer of suspected terrorists to countries where they were tortured , and the massive spying program Homeland Security United States. When other countries and UN agencies called accounts of these actions , Washington disregarded his objections.
International law is at a crossroads. United States, Russia, the European Union and NATO cite it when it suits them and ignore it when they consider a nuisance. Again, this is not to justify the unacceptable actions of Russia, but add them to a series of violations of international law .
It is possible that these same problems soon spread to Asia. Until recently , China , Japan and other Asian countries were strong advocates of the principle that any military intervention in the territory of a sovereign state must have the approval of the Security Council . But lately , several countries in the Far East were braided into a spiral of claims and issues contrarreclamos by boundaries, sea lanes and territorial rights ; and although so far have been disputes in peaceful beginning , tensions are rising. Hopefully the countries of the region continue to see the enormous value of international law as a bulwark of sovereignty and act accordingly .
International law has always had its skeptics who believe they can never prevail over national interests of the great powers and the only really possible way to preserve peace is to maintain a balance of power between the various competitors . According to this perspective , Russia's actions in Crimea are simply the actions of a great power to defend their prerogatives.
But such a world would be profoundly and unnecessarily dangerous. Time and again , history teaches us that a real " balance of power " is impossible. There will always be transfers of power imbalances and destabilizing effects. The absence of a legal structure becomes too likely open conflict.
This is especially applicable to the current situation, in which countries compete for oil and other vital resources. It is no coincidence that most of the most violent wars in recent years have occurred in regions where abundant valuable natural resources and disputed .
A look back from this centenary year of the outbreak of the First World War taught us , time and again , that there is no way to obtain security through international law, with the support of the United Nations and respect for all the parties. It may seem naive, but you do not look back to see the ingenuity involved believe that the policy of the great powers maintain peace and ensure the survival of humanity .
In the crisis before us now , the Security Council should help to find a negotiated solution that would preserve the sovereignty and territorial integrity of Ukraine . This will not be achieved from one day to the other, but the UN must persevere , hoping that at some point progress was obtained. And just as the United States appealed to the Security Council in this case, should also be subject to international law and contribute to build a bulwark to protect us from dangerous global instability. J
Jeffrey D. Sachs is Professor of Sustainable Development , Professor of Health Policy and Management and Director of the Earth Institute at Columbia University . He is also Special Advisor to the Secretary General of the United Nations Millennium Development Goals.
© Project Syndicate, 2014.
Translation of Esteban Flamini
ウクライナと国際法の危機
米国、ロシア、EUとNATOは右のときを引用し、それが詰まったときにそれを無視する必要があります
ジェフリー·サックス6 ABR 2014 - 00:00 CET
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