Hostname: page-component-5c6d5d7d68-ckgrl Total loading time: 0 Render date: 2024-08-15T03:46:30.935Z Has data issue: false hasContentIssue false

Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen; (Ukraine v. Russian Federation)

Arbitration Tribunal.  27 June 2022 .

Published online by Cambridge University Press:  31 July 2024

Get access

Abstract

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982, Annex VII — Constitution of Annex VII tribunal — Conditions for jurisdiction of tribunal — Exception for disputes concerning military activities — Confrontation between warships — Subsequent arrest and detention of warships and crews — Whether military activities or law enforcement — Point at which military activity becoming law enforcement — Provisional measures order by International Tribunal for the Law of the Sea — Whether Annex VII tribunal possessing jurisdiction over claim that respondent did not comply with provisional measures — Whether tribunal possessing jurisdiction over claim for non-aggravation of dispute — Requirement of exchange of views prior to initiation of arbitration proceedings

International tribunals — Provisional measures — Jurisdiction of International Tribunal for the Law of the Sea to order provisional measures in dispute submitted to arbitration — Whether dependent on existence of jurisdiction over dispute — Non-aggravation order

Sea — United Nations Convention on the Law of the Sea, 1982 — Interpretation and application — Warships — Whether Convention incorporating customary international law on immunity of warships — Arrest of warships of one State for entering waters claimed as territorial sea of another State — Whether arrest occurring in the territorial sea — Settlement of disputes — Annex VII tribunal — Straits — Kerch Strait — Passage through Strait obstructed

State immunity — Warships — Immunity of warships from arrest — United Nations Convention on the Law of the Sea, 1982 — Customary international law

War and armed conflict — Naval confrontation between warships of two States — Arrest of warships and crews — Whether military activity or law enforcement — Prisoners of war — Whether arrested crews prisoners of war

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.)