Hostname: page-component-5c6d5d7d68-pkt8n Total loading time: 0 Render date: 2024-08-16T07:29:54.188Z Has data issue: false hasContentIssue false

Case Concerning the Detention of Three Ukrainian Naval Vessels; (Ukraine v. Russian Federation)

International Tribunal for the Law of the Sea.  25 May 2019 .

Published online by Cambridge University Press:  31 July 2024

Get access

Abstract

International tribunals — Provisional measures — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — International Tribunal for the Law of the Sea (“ITLOS”) — Arbitral tribunal constituted under Annex VII of UNCLOS (“Annex VII tribunal”) — Provisional measures requested pending constitution of Annex VII tribunal — Article 290(5) of UNCLOS — Prima facie jurisdiction — Whether dispute concerning interpretation or application of UNCLOS — Immunity of warships and auxiliary vessels — Immunity of crewmembers — Military activities exception — Article 298(1)(b) of UNCLOS — Whether incident of 25 November 2018 involving military activities excluded from jurisdiction of Annex VII tribunal — Distinction between military and law-enforcement activities — Whether Parties using force in the context of incident of 25 November 2018 — Plausibility of rights invoked by Ukraine — Real and imminent risk of irreparable prejudice — Urgency — ITLOS having power to prescribe provisional measures different, in whole or in part, from those requested — Provisional measures for non-aggravation and non-extension of dispute — Binding character of provisional measures — Report on compliance with provisional measures prescribed

Sea — Straits — Kerch Strait — Passage through Kerch Strait obstructed — Confrontation between warships of Ukraine and Russian Federation

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)