Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen; (Ukraine v. Russian Federation)

Abstract

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982, Annex VII — Constitution of Annex VII tribunal — Conditions for jurisdiction of tribunal — Exception for disputes concerning military activities — Confrontation between warships — Subsequent arrest and detention of warships and crews — Whether military activities or law enforcement — Point at which military activity becoming law enforcement — Provisional measures order by International Tribunal for the Law of the Sea — Whether Annex VII tribunal possessing jurisdiction over claim that respondent did not comply with provisional measures — Whether tribunal possessing jurisdiction over claim for non-aggravation of dispute — Requirement of exchange of views prior to initiation of arbitration proceedings

International tribunals — Provisional measures — Jurisdiction of International Tribunal for the Law of the Sea to order provisional measures in dispute submitted to arbitration — Whether dependent on existence of jurisdiction over dispute — Non-aggravation order

Sea — United Nations Convention on the Law of the Sea, 1982 — Interpretation and application — Warships — Whether Convention incorporating customary international law on immunity of warships — Arrest of warships of one State for entering waters claimed as territorial sea of another State — Whether arrest occurring in the territorial sea — Settlement of disputes — Annex VII tribunal — Straits — Kerch Strait — Passage through Strait obstructed

State immunity — Warships — Immunity of warships from arrest — United Nations Convention on the Law of the Sea, 1982 — Customary international law

War and armed conflict — Naval confrontation between warships of two States — Arrest of warships and crews — Whether military activity or law enforcement — Prisoners of war — Whether arrested crews prisoners of war