Title over the territory in establishing the jurisdiction of the International Tribunal for the Law of the Sea in the case of Ukraine v. russia

Abstract

The article is dedicated to the analysis of the violations of Ukraine's sovereign rights in the maritime areas adjacent to the occupied Crimean Peninsula by the russian federation since 2014. The author examines the legal mechanisms that Ukraine employs to protect its interests within the framework of international law, particularly through appeals to international judicial and arbitral bodies in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea. Special attention is given to the arbitration proceedings initiated by Ukraine in 2016 against the russian federation, aimed at recognizing the violations by russia related to the unlawful exploitation of natural resources on the continental shelf and within the exclusive economic zone, as well as the usurpation of fishing rights and the transit of Ukrainian vessels through the Kerch Strait. The article thoroughly examines Ukraine's arguments and the position of the russian federation, particularly regarding the jurisdiction of the arbitration. The main issue raised in the article is the refusal of the arbitration to recognize its jurisdiction over the dispute due to the question of Ukraine's sovereignty over the Crimean Peninsula, which significantly complicates holding russia accountable. The practices of the arbitration and the maritime tribunal are analyzed to understand potential avenues for resolving the dispute. This article contributes to the understanding of complex legal issues arising in the context of contemporary international conflicts and offers a critical review of existing legal mechanisms for the protection of sovereign rights of states in maritime areas, using the Ukraine vs. russia case as an example.