Arbitration — Jurisdiction — Dispute concerning coastal State rights in
Black Sea, Sea of Azov and Kerch Strait — Ukraine instituting proceedings
against Russian Federation under Annex VII of United Nations Convention on
the Law of the Sea, 1982 — Ukraine alleging unauthorized activities of
Russian Federation violating its rights under Convention — Whether Tribunal
having jurisdiction — Basis of Tribunal’s jurisdiction — Whether Tribunal
having jurisdiction to rule on sovereignty over Crimea — Legal status of
Crimea — Objection that Tribunal having no jurisdiction over Ukraine’s
claims concerning activities in Sea of Azov and Kerch Strait — Whether
objection possessing exclusively preliminary character — Objection that
Tribunal having no jurisdiction in light of Parties’ declarations under
Article 298(1) of Convention — Objection that Tribunal having no
jurisdiction over fisheries claims in light of Article 297(3)(a) of
Convention — Objection that Tribunal having no jurisdiction over fisheries,
protection and preservation of the marine environment, and navigation in
light of Annex VIII to Convention — Objection that Tribunal having no
jurisdiction pursuant to Article 281 of Convention — Whether Tribunal having
jurisdiction in light of Parties’ declarations under Article 298(1) of
Convention — Exceptions — Military activities — Law enforcement —
Delimitation — Historic bays or titles
Treaties — United Nations Convention on the Law of the Sea, 1982 —
Interpretation — Application — Article 288(1) — Tribunal constituted under
Annex VII of Convention — Scope of jurisdiction of Tribunal — Dispute
between Parties — Whether dispute concerning interpretation or application
of Convention falling within jurisdiction of court or tribunal under Article
288(1) — Whether Tribunal having jurisdiction over Ukraine’s sovereignty
claim
Territory — Sovereignty — Crimea — Legal status — Russian Federation
recognizing Ukraine’s sovereignty over Crimea before March 2014 — Events in
2014 — Russian Federation claiming sovereignty over Crimea after March 2014
— Opposing views of Parties on sovereignty over Crimea — Question as to
whether Russian Federation or Ukraine having sovereignty over Crimea —
Whether prerequisite for decision of Tribunal on Ukraine’s claims under
United Nations Convention on the Law of the Sea, 1982 — Whether Russian
Federation or Ukraine coastal State for purposes 2of Convention — Whether
sovereignty dispute over Crimea existing vel non
— Whether ancillary to maritime dispute brought by Ukraine — Russian
Federation’s claim that legal status of Crimea altered — Whether Russian
Federation’s claim of sovereignty admissible — Principle of non-recognition
— Article 41 of International Law Commission’s Articles on State
Responsibility — United Nations General Assembly resolutions — Principles of
good faith and estoppel — Whether Tribunal having jurisdiction over
Ukraine’s sovereignty claim
International organizations — United Nations — General Assembly —
Resolutions — Legal effect and meaning — Interpretation — Relevance —
Customary international law — Factual and legal determinations made in
resolutions — Effect and weight — Content, conditions and context of
adoption of resolutions — Whether Tribunal having power to interpret texts
of international organizations — Whether recognizing objective fact of
existence of dispute over Crimea contravening resolutions — Whether Tribunal
having jurisdiction over claims of sovereignty over Crimea
Sea — Maritime zones — Entitlements — Exclusive economic zone —
Entitlements to maritime zones generated by Crimean coast — Overlapping
entitlements — Whether determination possible — Jurisdiction of Tribunal to
make determination in respect of dispute or on coastal State — Question of
sovereignty over Crimea — Jurisdiction of Tribunal
Treaties — Application — United Nations Convention on the Law of the
Sea, 1982 — Coastal State rights — Crimean peninsula — Ukraine instituting
proceedings under Annex VII to Convention — Scope of Convention — Dispute
concerning coastal State rights in Black Sea, Sea of Azov and Kerch Strait —
Claims under Convention — Ukraine claiming that Russian Federation violating
its rights under Convention — Determination of coastal State necessary for
purposes of Convention — Question as to whether Ukraine or Russian
Federation having sovereignty over Crimea — Whether determination
prerequisite for determining significant part of Ukraine’s claims — Whether
Tribunal having jurisdiction over Ukraine’s sovereignty claim — Jurisdiction
of Tribunal
Treaties — United Nations Convention on the Law of the Sea, 1982 — Scope
— Sea of Azov and Kerch Strait — Status — Parties 3agreeing internal waters of
Union of Soviet Socialist Republics prior to dissolution — Disagreement as
to status thereafter — Legal regime — Historic title — Whether questions for
merits phase — Whether outside scope of Convention if underlying events
occurring in internal waters — Whether issue regulated by Convention —
Whether pertaining to interpretation and application of Convention — Whether
Tribunal having jurisdiction over Ukraine’s claims concerning activities in
the Sea of Azov and in the Kerch Strait — Whether objection of Russian
Federation possessing exclusively preliminary character
Treaties — Interpretation — State Border Treaty, Article 5 — Azov/Kerch
Cooperation Treaty, Article 1 — Textual interpretation — Context —
Negotiating history — Whether Article 4 of Azov/Kerch Cooperation Treaty
excluding jurisdiction of Tribunal — Whether Articles 1 and 5 dispute
settlement clauses within meaning of Article 281 of United Nations
Convention on the Law of the Sea, 1982 — Whether Tribunal having
jurisdiction over dispute
Dispute Settlement in the Law of the Sea: Survey for 2020
