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Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov and Kerch Strait; (Ukraine v. Russian Federation)

Arbitration Tribunal.  21 February 2020 .

Published online by Cambridge University Press:  04 February 2021

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Abstract

Arbitration — Jurisdiction — Dispute concerning coastal State rights in Black Sea, Sea of Azov and Kerch Strait — Ukraine instituting proceedings against Russian Federation under Annex VII of United Nations Convention on the Law of the Sea, 1982 — Ukraine alleging unauthorized activities of Russian Federation violating its rights under Convention — Whether Tribunal having jurisdiction — Basis of Tribunal’s jurisdiction — Whether Tribunal having jurisdiction to rule on sovereignty over Crimea — Legal status of Crimea — Objection that Tribunal having no jurisdiction over Ukraine’s claims concerning activities in Sea of Azov and Kerch Strait — Whether objection possessing exclusively preliminary character — Objection that Tribunal having no jurisdiction in light of Parties’ declarations under Article 298(1) of Convention — Objection that Tribunal having no jurisdiction over fisheries claims in light of Article 297(3)(a) of Convention — Objection that Tribunal having no jurisdiction over fisheries, protection and preservation of the marine environment, and navigation in light of Annex VIII to Convention — Objection that Tribunal having no jurisdiction pursuant to Article 281 of Convention — Whether Tribunal having jurisdiction in light of Parties’ declarations under Article 298(1) of Convention — Exceptions — Military activities — Law enforcement — Delimitation — Historic bays or titles

Treaties — United Nations Convention on the Law of the Sea, 1982 — Interpretation — Application — Article 288(1) — Tribunal constituted under Annex VII of Convention — Scope of jurisdiction of Tribunal — Dispute between Parties — Whether dispute concerning interpretation or application of Convention falling within jurisdiction of court or tribunal under Article 288(1) — Whether Tribunal having jurisdiction over Ukraine’s sovereignty claim

Territory — Sovereignty — Crimea — Legal status — Russian Federation recognizing Ukraine’s sovereignty over Crimea before March 2014 — Events in 2014 — Russian Federation claiming sovereignty over Crimea after March 2014 — Opposing views of Parties on sovereignty over Crimea — Question as to whether Russian Federation or Ukraine having sovereignty over Crimea — Whether prerequisite for decision of Tribunal on Ukraine’s claims under United Nations Convention on the Law of the Sea, 1982 — Whether Russian Federation or Ukraine coastal State for purposes of Convention — Whether sovereignty dispute over Crimea existing vel non — Whether ancillary to maritime dispute brought by Ukraine — Russian Federation’s claim that legal status of Crimea altered — Whether Russian Federation’s claim of sovereignty admissible — Principle of non-recognition — Article 41 of International Law Commission’s Articles on State Responsibility — United Nations General Assembly resolutions — Principles of good faith and estoppel — Whether Tribunal having jurisdiction over Ukraine’s sovereignty claim

International organizations — United Nations — General Assembly — Resolutions — Legal effect and meaning — Interpretation — Relevance — Customary international law — Factual and legal determinations made in resolutions — Effect and weight — Content, conditions and context of adoption of resolutions — Whether Tribunal having power to interpret texts of international organizations — Whether recognizing objective fact of existence of dispute over Crimea contravening resolutions — Whether Tribunal having jurisdiction over claims of sovereignty over Crimea

Sea — Maritime zones — Entitlements — Exclusive economic zone — Entitlements to maritime zones generated by Crimean coast — Overlapping entitlements — Whether determination possible — Jurisdiction of Tribunal to make determination in respect of dispute or on coastal State — Question of sovereignty over Crimea — Jurisdiction of Tribunal

Treaties — Application — United Nations Convention on the Law of the Sea, 1982 — Coastal State rights — Crimean peninsula — Ukraine instituting proceedings under Annex VII to Convention — Scope of Convention — Dispute concerning coastal State rights in Black Sea, Sea of Azov and Kerch Strait — Claims under Convention — Ukraine claiming that Russian Federation violating its rights under Convention — Determination of coastal State necessary for purposes of Convention — Question as to whether Ukraine or Russian Federation having sovereignty over Crimea — Whether determination prerequisite for determining significant part of Ukraine’s claims — Whether Tribunal having jurisdiction over Ukraine’s sovereignty claim — Jurisdiction of Tribunal

Treaties — United Nations Convention on the Law of the Sea, 1982 — Scope — Sea of Azov and Kerch Strait — Status — Parties agreeing internal waters of Union of Soviet Socialist Republics prior to dissolution — Disagreement as to status thereafter — Legal regime — Historic title — Whether questions for merits phase — Whether outside scope of Convention if underlying events occurring in internal waters — Whether issue regulated by Convention — Whether pertaining to interpretation and application of Convention — Whether Tribunal having jurisdiction over Ukraine’s claims concerning activities in the Sea of Azov and in the Kerch Strait — Whether objection of Russian Federation possessing exclusively preliminary character

Treaties — Interpretation — State Border Treaty, Article 5 — Azov/Kerch Cooperation Treaty, Article 1 — Textual interpretation — Context — Negotiating history — Whether Article 4 of Azov/Kerch Cooperation Treaty excluding jurisdiction of Tribunal — Whether Articles 1 and 5 dispute settlement clauses within meaning of Article 281 of United Nations Convention on the Law of the Sea, 1982 — Whether Tribunal having jurisdiction over dispute

Type
Case Report
Copyright
© Cambridge University Press 2021

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