Аналітично-порівняльне правознавство (Sep 2024)
Conflict in Transnistria and OSCE efforts for its settlement: issues of international law and international relations
Abstract
The academic work is dedicated to the analysis of legal and political aspects of one of the ongoing prolonged conflicts that began after the end of the Cold War - the conflict in Transnistria. Compared to other post-Soviet conflicts, the armed clashes in the Transnistrian region at the onset of the conflict were not as destructive and large-scale, and the subsequent situation in the region has been predominantly characterized by stability. Nevertheless, the mere fact of the continuation of this conflict, which is referred to in scientific circles as one of the so-called “frozen conflicts,” indicates that international efforts to resolve this conflict are clearly insufficient. As is known, negotiations for resolving the conflict in Transnistria are conducted in the “5+2” format and through separate specialized working groups. In the “5+2” format, a key role is played by mediators, represented by the OSCE, Ukraine, and Russia. Naturally, the most influential and authoritative mediator is the OSCE, represented by the Special Representative of the OSCE Chairperson-in-Office. The activities of the OSCE Mission to Moldova, established in early 1993, play an important role in the overall international efforts of the OSCE. In particular, the Mission’s staff conduct field operations on Moldovan territories, through which numerous local incidents occurring on both sides of the Dniester River are effectively resolved. Therefore, such multifaceted activities of the OSCE in resolving the conflict in Transnistria provoke significant scientific discussions and debates. Studying the OSCE’s practices, relying on the scientific works of scholars in the field of international law, gives this research a distinctive specificity among scientific works dedicated exclusively to the political aspects of the conflict in Transnistria. The central issue in the Transnistrian settlement is considered to be the question of Transnistria’s status. This issue is the cause of numerous discussions between the parties, each of which offers its own narratives to justify its position. The legal arguments justifying this or that option for resolving the issue of Transnistria’s status also vary significantly. Therefore, during the research, an analysis of legal norms was carried out that can serve as a basis for identifying the most objective options for resolving the status of Transnistria. The aim of the scientific article is to study the legal and political issues of the Transnistrian settlement and to identify the main shortcomings of international practice in resolving such conflicts. As a result of the research, the main factors hindering more effective OSCE activities in resolving the conflict in Transnistria were identified.
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