TY - JOUR

T1 - The Status of Crimea and the Sea of Azov as a Jurisdictional Hurdle in Ukraine v. Russia

T2 - A Comment on the unclos Annex vii Arbitral Tribunal's Award concerning Preliminary Objections

AU - Schatz, Valentin

N1 - Publisher Copyright: © KONINKLIJKE BRILL NV, LEIDEN, 2021.

PY - 2021/12/8

Y1 - 2021/12/8

N2 - On 21 February 2020, the arbitral tribunal constituted under Annex vii of the United Nations Convention on the Law of the Sea (unclos) in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) rendered its award concerning preliminary objections. This comment focuses on the arbitral tribunal's findings concerning Russia's two most important and far-reaching objections, both of which concern jurisdiction ratione materiae. First, it argues that the arbitral tribunal convincingly declined jurisdiction over those of Ukraine's claims, which would have required the arbitral tribunal to decide the dispute between Ukraine and Russia concerning sovereignty over Crimea. Second, this comment analyzes the arbitral tribunal's conclusion that the parties' dispute concerning the status of the Sea of Azov and Kerch Strait was not of an exclusively preliminary character and must, therefore, be reserved for the proceedings on the merits.

AB - On 21 February 2020, the arbitral tribunal constituted under Annex vii of the United Nations Convention on the Law of the Sea (unclos) in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) rendered its award concerning preliminary objections. This comment focuses on the arbitral tribunal's findings concerning Russia's two most important and far-reaching objections, both of which concern jurisdiction ratione materiae. First, it argues that the arbitral tribunal convincingly declined jurisdiction over those of Ukraine's claims, which would have required the arbitral tribunal to decide the dispute between Ukraine and Russia concerning sovereignty over Crimea. Second, this comment analyzes the arbitral tribunal's conclusion that the parties' dispute concerning the status of the Sea of Azov and Kerch Strait was not of an exclusively preliminary character and must, therefore, be reserved for the proceedings on the merits.

KW - Arbitration

KW - Crimea

KW - Jurisdiction

KW - Kerch Strait

KW - Russia

KW - Sea of Azov

KW - Ukraine

KW - UNCLOS

KW - Politics

UR - http://www.scopus.com/inward/record.url?scp=85121912577&partnerID=8YFLogxK

UR - https://www.mendeley.com/catalogue/092a7f63-6d36-31b3-9da9-292b356394d4/

U2 - 10.1163/15730352-bja10053

DO - 10.1163/15730352-bja10053

M3 - Journal articles

AN - SCOPUS:85121912577

VL - 46

SP - 400

EP - 415

JO - Review of Central and East European Law

JF - Review of Central and East European Law

SN - 0925-9880

IS - 3-4

ER -