Russian Perspectives on International LawSymposium

Ukraine v. Russia: Passage through Kerch Strait and the Sea of Azov

Part III: The Jurisdiction of the Arbitral Tribunal

In our first and second post, we have considered the status of the Sea of Azov and Kerch Strait and, on that basis, identified passage rights of Ukraine that could potentially feature in the proceedings before the arbitral tribunal established under Annex VII of UNCLOS. In our present and last post, we inquire if (or to what extent) these potential Ukrainian claims could fall within the jurisdiction of the arbitral …

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Russian Perspectives on International LawSymposium

Ukraine v. Russia: Passage through Kerch Strait and the Sea of Azov

Part II: Ukraine’s Rights of Passage through Kerch Strait

In our previous post, we have taken a look at the legal status of the Sea of Azov and concluded that there are two possible Scenarios involving either a shared bay regime of internal waters or a “standard” situation in which the Sea of Azov is divided into the territorial seas of Russia and Ukraine in addition to a high seas pocket in the centre (see Picture 3). Based on …

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Russian Perspectives on International LawSymposium

Ukraine v. Russia: Passage through Kerch Strait and the Sea of Azov

Part I: The Legal Status of Kerch Strait and the Sea of Azov

On 16 September 2016, Ukraine instituted arbitral proceedings against Russia under Part XV and Annex VII of the 1982 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). The case relates to Russia’s occupation of Crimea in 2014, which fundamentally disrupted the maritime order in the Black …

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Current Developments

The C-Star’s Odyssey and the International Law of the Sea

In Homer’s epic poem, “The Odyssey”, the Greek hero Odysseus, having left his home Ithaca to help bring Helena back from Troy, faced manifold hardships on his return across the Mediterranean Sea. In July 2017, European citizens set sail in a self-prescribed mission not to bring someone home, but to prevent others from calling Europe home. The loosely affiliated Generation Identity, consisting mostly of activists from Austria, France, Germany and …

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DiscussionResponse

The battle against transnational fisheries crime

Jurisdictional challenges

The raison d’être of the concept of transnational ‘fisheries crime’ (TFC) (INTERPOL 2013) or ‘marine resource crime’ (UNODC 2011) can be traced to endemic illicit activities in the fisheries sector which, due to their devastating impacts, are increasingly considered as a serious problem worthy of attention as ‘criminal’ rather than merely ‘illegal’ behaviour. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …

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