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ID: 137765

Intervention in an arbitral proceeding under annex VII to the UNCLOS? / Yee, Sienho

Yee, Sienho	Article
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Summary/Abstract

Intervention in an international proceeding is only permissible with the consent of the parties to a case, expressed either as a general consent for a certain category of matters or as a specific consent for a particular case or a particular request for intervention. Treaty practice demonstrates this point. The UNCLOS, including Annex VII, does not contain such consent (more in terms of general consent if at all) to intervention in an Annex VII arbitral proceeding, although intervention is possible by separate consent if given by the parties in an act additional to the UNCLOS. Article 5 of Annex VII authorizing rule-making does not extend so far as to allow an Annex VII arbitral tribunal to make, without the consent of the parties, a rule that would permit intervention. Nor does such a tribunal have any inherent power or jurisdiction—independent of the consent of the parties in a case—that would allow it to permit intervention without the consent of the parties. Any innovation in this area will bring great harm to the institution of international arbitration under the UNCLOS and generally.

Key Words

Unclos ; Arbitral Proceeding ; Annex VII

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ID: 167524

Russia’s Annexation of Crimea and the Passage of Ships Through Kerch Strait: a law of the sea perspective / Schatz, Valentin J; Koval, Dmytro

Schatz, Valentin J	Journal Article
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Summary/Abstract

This article discusses potential Ukrainian rights of passage through Kerch Strait against the background of restrictions on passage imposed by Russia since the annexation of Crimea, taking into account the ongoing arbitral proceedings under Annex VII of the UN Convention on the Law of the Sea. The article addresses first the question of the status of Kerch Strait and the Sea of Azov under the international law of the sea. In a second step, the article deals with the issue of potential Ukrainian passage rights through Kerch Strait based on the legal status discussed in the first section as well as relevant bilateral treaties between Ukraine and Russia.

Key Words

Black Sea ; Navigation ; Crimea ; Internal Waters ; Annex VII ; Kerch Strait ;
Sea of Azov ; Historic Bays ; Transit Passage

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