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ID:
178621
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| Summary/Abstract |
This study explores the passage regimes of the Kerch Strait and its adjacent maritime areas in the context of current arbitration proceedings between Ukraine and the Russian Federation. It ascertains that conflicting sovereignty claims over Crimea might lead to strait states and user states alike retaining their different approaches to the passage regime of the Kerch Strait. Thus, the regimes of transit passage and authorization-based passage might simultaneously be applied to the Kerch Strait under the domestic laws of the strait states, law of the sea, and general international law, particularly the obligation of nonrecognition. The law of the sea allows the reconciliation of such conflicting approaches and ensures legal certainty in the shipping lanes of the Kerch Strait if the coastal states agree on and respect a sui generis passage regime.
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| 2 |
ID:
178002
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| Summary/Abstract |
Since Russia’s annexation of Crimea in March 2014, severe limitations have been placed on Ukraine’s coastal state rights and navigational freedoms in the Black and Azov Seas and the Kerch Strait. The “Kerch Strait clash” in November 2018, which resulted in the Russian capture of three Ukrainian naval vessels in international waters south of the strait, can be seen as the temporary culmination of tensions that have been building up over a longer period. In violation of international law and bilateral agreements, Russia has in recent years pursued an increasingly assertive and revisionist policy in the region and sought to turn the maritime spaces on the country’s southwestern flank into a “Russian lake”. This policy is affecting not only the security and economy of neighbouring states such as Ukraine and Georgia, but also the strategic balance in the southeastern corner of Europe. Drawing on empirical evidence derived from Russian, Ukrainian and Western sources, as well as insights from neoclassical realist theory, this article discusses legal, economic and security aspects of Russia’s ongoing quest for a dominant position in the Black Sea region.
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| 3 |
ID:
167524
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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.
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| 4 |
ID:
165388
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| Summary/Abstract |
From its illegal annexation of Crimea from Ukraine in spring 2014 to its alleged complicity in the Salisbury Novichok poisonings in spring 2018, Russia has been widely criticised for conducting international relations in a manner that undermines international peace and security. In this article, Stephen Lewis examines the legal aspects of Russia’s naval confrontation with Ukraine in November 2018. He argues that, given the present situation of armed conflict between the two countries, specific legal obligations apply to the parties. These differ from those which would apply during peacetime.
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