The International Tribunal for the Law of the Sea

Rao, P. Chandrasekhara; Gautier, Philippe

doi:10.4337/9781786433015

Cited by 3 publications

(2 citation statements)

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“…The International Law Commission recognized the prohibition of aggression and illegal use of force as jus cogens (Report of the International Law Commission 2001: 283-284, paras. [4][5]. Jus cogens or a peremptory norm of general international law is defined as «a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character» (VCLT, art.…”

Section: Occupation and Dispute Related To Sovereignty Over Crimea Un...mentioning

confidence: 99%

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

Gorbun

2023

bjlss

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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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Section: Occupation and Dispute Related To Sovereignty Over Crimea Un...mentioning

confidence: 99%

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

Gorbun

2023

bjlss

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“…Disputes become visible and deepen when the actions of international actors go against the norms of contemporary international law. Extensive doctrinal (Yoshifumi, 2019;Chandrasekhara & Gautier, 2018;Castillo, 2015;Rothwell & Stephens, 2016;Karaman, 2012;Walker, 2012;Kariotis, 1997) and normative (United Nations Convention on the Law of the Sea) analysis of international organizations provides the right background for dealing with this phenomenon that develops through the use of peaceful means for resolving disputes. Analysis of these international disputes in the context of the law of the sea is of special interest.…”

Section: Introductionmentioning

confidence: 99%

Dispute between Albania and Greece over the Delimitation of Maritime Zones

Mehmetaj

Mecaj

2022

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to the continental shelf of Albania and the Greek islands. Beyond the desire and interests of the parties to resolve the «issue of the sea», international law imposes certain rules and principles on the signatories to its various international conventions. The issue between Greece and Albania has become even more controversial due to the assessments of international law experts in Albania that a small island and continental land cannot have equal rights. This article analyses the effect of normative acts on the law of the sea in Albania and the legal issues of the Albanian legislation; the effect of the Albanian legislation in light of the international law of the sea; and the problems of the agreement between Albania and Greece for delineation of the continental shelf, which the Constitutional Court of Albania has declared invalid.

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The Legal Consequences of Obligations Erga Omnes in International Law

Tanaka

2021

Neth Int Law Rev

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The International Tribunal for the Law of the Sea

Cited by 3 publications

References 0 publications

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

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

Dispute between Albania and Greece over the Delimitation of Maritime Zones

The Legal Consequences of Obligations Erga Omnes in International Law

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