The Characterisation of the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait

Abstract

Abstract The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait between Ukraine and the Russian Federation probably will reactivate the debate regarding whether and to what extent tribunals constituted under the United Nations Convention on the Law of the Sea have jurisdiction to decide law of the sea disputes involving concurrent land sovereignty issues. The tribunal’s characterisation of the dispute likely will have a significant impact on its decision on jurisdiction. Although the tribunal might apply its own test to define the dispute, the awards on jurisdiction in the Chagos Marine Protected Area Arbitration and in The South China Sea Arbitration offer useful guidance on the key components that might influence that characterisation.