Ukraine

It appears that Russian influence has been steadily spreading across Europe, stretching from the eastern regions of the continent to its central and western borders. Moscow's reach isn't confined solely to nations within its sphere of influence; it also affects broader European foreign policy and the trajectory of the bloc's future.

“Nothing should be ruled out” said French President Emmanuel Macron when asked about possibilities of sending troops to Ukraine. By speaking about going to war, Macron may have aimed to dispel a long-standing joke about the French always surrendering. However, both French and NATO leaders have publicly rejected the idea of sending European or alliance troops to Ukraine. Prominent figures such as U.S. President Joseph Biden, German Chancellor Olaf Scholz, Polish Prime Minister Donald Tusk, NATO Secretary-General Jens Stoltenberg, and others have asserted that such action is not on the table. The widespread domestic and regional opposition implies that even if Macron was genuinely considering sending troops to Ukraine, he would not receive the necessary support for such a radical decision.

Since the 16th century, the Black Sea has always been a lake of tensions. Contrary to the Wars of The Holy League, in which the Ottoman Empire witnessed its first territorial loss, the contemporary situation signals Turkish gains in the region. The ongoing war in Ukraine has revived the Montreux Convention which gives Ankara the higher hand in the Black Sea and led other NATO members to appreciate the indispensable Turkish role. Recently, developments in the Black Sea ranging from decaying Russian power to Western apprehension are offering Ankara some Turkish delights.

Abstract The post-World War II arrangements generated several decisions that granted the victorious countries certain powers, most notably The Declaration of the Four Nations on General Security, the Four Power Declaration, and Articles 106 and 107 of the United Nations Charter. Questions have recently been raised about the possibility of exploiting these powers to legitimize Russian intervention in Ukraine. However, given the nature and background of these articles and decisions, it turns out that they were part of the arrangements for a transitional period, followed by the transfer of these powers and tasks to the United Nations, and the subsequent new arrangements, most notably the collapse of the Soviet Union and the emergence of the Russian Federation, which arranged for a new legal situation. This does not contradict the rule of inheriting international treaties as one of the principles of international law but takes into account the change in the new legal status of states. Therefore, the countries that were under the guise of the Soviet Union have become independent members in the United Nations General Assembly, and by reviewing the contents of the documented sessions of the United Nations since the outbreak of the Russian-Ukrainian crisis, it turns out that the defenses and arguments presented by the Russian delegate to legitimize the Russian intervention in Ukraine were based on two main arguments, which were repeated in most of the Russian President’s speeches. For the Russian Federation, especially the speech of the declaration of invasion, which was based on Article 51 of the Charter of the United Nations, which guarantees the right of states to defend themselves against threats, and Article 1 of the International Covenant on Civil and Political Rights that all peoples have the right to self-determination, meaning that any Russian ethnic minority in Ukraine has the right to determine its political status and to pursue its economic, social and cultural development.   Since Putin announced his intention to invade Ukraine militarily, numerous analyses came up that the legal arguments Russia depend on to justify the invasion, and the talk about the arrangements made after World War II that gave the powers to the victorious nations that could be exploited by the Russian side has increased recently. There is even a rumor that claims that the Russian president talked to the secretary-general of the United Nations about the article contained in the United Nations charter and these arguments depended on two articles; 106 and 107 in the United Nations charter, that gives the right to the victorious countries and nations to take any needed decision against the countries that fought against them in World War II to avoid revising the results of World War II. In these decisions, it is specially allowed to utilize military power against these countries.

June 2022, the European Commission announced granting Ukraine the status of a candidate country to the European Union. Nevertheless, problems concerning Ukraine such as their struggle with their economy and political system, are still on the agenda. Giving the candidacy status to Ukraine has been criticized since Ukraine is still regarded as a weak country and not yet eligible for such a status especially when compared with other European candidates. European accession is granted after an assessment process based on what is known as Copenhagen criteria. European officials have announced that the accession process will be done by the book and merit based. In the same vein, the commission has granted Moldova the same status which is, the same as Ukraine, considered part of Russia’s sphere of influence. Keeping all this in mind, in the light of Russian war in Ukraine, it is a valid question to ask whether Ukraine candidacy is merit based or politicized. Is the fifth enlargement scenario of the accession of incompetent Bulgaria and Romania as a reward for their role in Kosovo war is being repeated with Ukraine? Considering this, the analysis is going to examine why Ukraine was accepted as a candidate. Drawing on European Commission’s reports, it will be discovered which of Copenhagen criteria are fulfilled by Ukraine. Copenhagen Criteria are:   Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities (Political Criteria) A functioning market economy and the ability to cope with competitive pressure and market forces within the EU (Economic Criteria) The ability to take on the obligations of membership, including the capacity to effectively implement the rules, standards and policies that make up the body of EU law (the ‘acquis’), and adherence to the aims of political, economic and monetary union.