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The (in-) effectiveness of international law: A critical analysis of the rational choice theory in the light of the Ukrainian crisis 2014

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posted on 2021-11-14, 07:59 authored by Sangmeister, Bernadette

The aim of this research paper is to explore the role and content of the rational choice theory in international law and to critically analyse this theory in the light of the current Ukrainian crisis: Does the Ukrainian crisis 2014 prove rational choice theorists right? Can Russia’s military intervention in Crimea and the annexation of this region be seen as the failure of the UN Charter and therefore, as an evidence for the ineffectiveness of international law? Is international law effective at all? It will be argued that the rational choice theory cannot be seen as proven right in the light of the Ukrainian crisis 2014: Although, with regard to Russia’s unlawful military intervention in Crimea, the current crisis might at first glance be considered as validating the rational choice theory and the general ineffectiveness of international law, there is as well some evidence to be found in the actions and reactions of Russia and other nation-states and institutions from which one can deduce that international law does influence states’ behaviours, that states are not merely acting out of self-interest but also out of international legal obligations and that thus the current crisis may rather serve as an example of the (overall) effectiveness of international law.

History

Copyright Date

2014-01-01

Date of Award

2014-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Discipline

Law

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Masters Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Sinclair, Guy