Issue of legitimacy of Ukraine's further actions related to crossing Russia's state border by its naval forces
Автор: Anyanova Ekaterina Sergeevna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 9, 2019 года.
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The study presents a scientific legal analysis of the procedure initiated by Ukraine’s claim against Russia in the International Tribunal for the Law of the Sea on 31 March 2019 in the dispute over the immunity of three Ukrainian military vessels and sailors on board. Requests of Ukraine (to stop the criminal process for 24 detained Ukrainian crew members, to release them and to allow them to return to Ukraine) are considered in the paper from the viewpoint of the science of international law. The study reveals whether the Tribunal has jurisdiction to deal with this case and the competence to prescribe the provisional measures. The emphasis is placed on the position of the Russian judge R.A. Kolodkin in the context of the Tribunal’s final decision on the provisional measures. He was the only one who voted against (19 people voted for it) the release of the Ukrainian vessels, 24 sailors, the refusal of other issues complicating the dispute and the initial and following reports. From the standpoint of the international law, the position of Ukraine is actively criticized.
Un convention on the law of the sea, international tribunal for the law of the sea, military vessel, jurisdiction, provisional measures, freedom of navigation, state border, ship arrest
Короткий адрес: https://sciup.org/149132889
IDR: 149132889 | DOI: 10.24158/tipor.2019.9.6