The Award Concerning Jurisdiction in the Coastal State Rights Dispute Between Ukraine and Russia: What Has Been Decided and What to Expect Next

Koval, Dmytro

doi:10.26886/2524-101x.7.1.2021.1

Cited by 2 publications

(2 citation statements)

References 9 publications

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“…Typically, they use a South China Sea to illustrate a controversial maritime area, with disputes over maritime boundaries between regional states, which does not permit coastal states to rely on UNCLOS and UCH Convention because their protection frameworks are based on a set of rules depending on different maritime areas (Zhong, 2020). However, following the occupation of the Crimean Peninsula by the Russian Federation in February-March 2014, consequent disagreements between Ukraine and Russia arose concerning numerous maritime cooperation issues and coastal state rights execution (Koval, 2021). Contested jurisdiction over coastal waters of the Black Sea and the Sea of Azov has undermined the UCH regime, both at the level of national regulations and international law.…”

Section: Introductionmentioning

confidence: 99%

Underwater Cultural Heritage: Regime and Jurisdiction Challenges

Tsutskiridze

Krasnikova

Pohoretskyi

2022

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Section: Introductionmentioning

confidence: 99%

Underwater Cultural Heritage: Regime and Jurisdiction Challenges

Tsutskiridze

Krasnikova

Pohoretskyi

2022

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“…Crimean occupation as a part of Coastal State Rights Dispute between Ukraine and the Russian Federation was addressed by Peter Tzeng (2016Tzeng ( , 2017; Oleksandr Zadorozhnii (2016); Robert G. Volterra, Giorgio F. Mandelli, and Álvaro Nista (2018); Gaiane Nuridzhanian (2018); Valentin Schatz and Dmytro Koval (2018Koval ( , 2021; Massimo Lando and Nilüfer Oral (2021), etc.…”

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confidence: 99%

Crimean Occupation and Unclos Dispute Settlement: Navigating Territorial Sovereignty and Non-Recognition

Gorbun

2023

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Abstract. The article examines the interplay between the Crimean occupation and UNCLOS compulsory dispute settlement procedures, exploring how the fact of Crimea’s occupation can be established and UNCLOS dispute settlement procedures applied. It also investigates the contradiction within the Annex VII Arbitral Tribunal’s award in the Coastal State Rights Dispute due to Crimea’s occupation. The study concludes that to address violations made by the Russian Federation under the provision of UNCLOS Crimea’s occupation, Ukraine can seek an advisory opinion from the International Court of Justice. Strengthening Ukraine’s position requires a legally binding decision on Crimea’s occupied status and Ukraine’s coastal state status, possibly through an ad hoc tribunal with jurisdiction. Supporting evidence from other courts may be valuable, despite their lack of direct jurisdiction over the matter of occupation. The article also discusses the principle of nonrecognition and the tribunal’s neutral approach to accommodate both parties in its award in Coastal State Rights Dispute.

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The Award Concerning Jurisdiction in the Coastal State Rights Dispute Between Ukraine and Russia: What Has Been Decided and What to Expect Next

Cited by 2 publications

References 9 publications

Underwater Cultural Heritage: Regime and Jurisdiction Challenges

Underwater Cultural Heritage: Regime and Jurisdiction Challenges

Crimean Occupation and Unclos Dispute Settlement: Navigating Territorial Sovereignty and Non-Recognition

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