Home > Journals > WMLR > Vol. 65 (2023-2024) > Iss. 5 (2024)
William & Mary Law Review
Abstract
A scant few territorial violations have occurred in the twentieth and twenty-first centuries, and those that have occurred generally prompted quick and unequivocal condemnation, as well as efforts to return to the status quo. Notable violations—the Six-Days War, the Turkish invasion of Cyprus, the Falklands War, Iraq’s invasion of Kuwait, and Russia’s annexation of Crimea—have prompted a short menu of international responses. The Six-Days War and the invasion of Crimea both prompted years’ worth of political criticism for Israel and Russia, respectively, as both nations have held onto at least parts of the lands seized. The Falklands War prompted almost immediate diplomatic condemnation and efforts to negotiate a peace settlement, but was resolved with military force beyond the control of the international community. Iraq’s invasion of Kuwait and Turkey’s invasion of Cyprus also prompted virtually unanimous condemnation and economic and diplomatic sanctions, as well as military intervention.
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These violations of territorial integrity highlight pervasive concerns regarding the enforceability of international law. This Note will explore this question by examining the events unfolding in Ukraine, categorizing Russia’s actions thus far, and assessing the potential mechanisms that might be brought to bear. Part I will overview the recent history of Russia’s involvement in Ukraine. Part II will discuss the presently-available international enforcement mechanisms and their general ineffectiveness. Part III will discuss how the broad ineffectiveness of international law is best expressed in the structure and practice of the U.N. Security Council. Finally, Part IV will offer recommendations for the improvement of current enforcement structures.
This abstract has been taken from the author's introduction.