| Summary/Abstract |
This case, involving the Kerch Strait and the Sea of Azov, was initiated by Ukraine against Russia under Annex VII, UNCLOS, on 1 April 2019. Having cleared the stage of provisional measures before the ITLOS, it is pending before an arbitral tribunal established under Annex VII. After the ITLOS proceedings, there is room either to broaden the scope of jurisdiction for the tribunal or to narrow it. The question of jurisdiction to be considered here reflects wider issues common to other arbitral proceedings under Annex VII. Two propositions will therefore be considered. The first is that, as the dispute may lie in the source of the supposed right for the Ukrainian warships to pass through the strait, the 2003 Cooperation Agreement may displace the UNCLOS, divesting the tribunal of jurisdiction. The second proposition is that, if the incident of 25 November 2018 involves, solely or primarily, a dispute concerning the interpretation or application of the UNCLOS, the provisions should include those of Articles 19, 25 (1), 30, 45, and 311, which provide other causes of action.
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