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Marin, N., Manova, B. The Constraints of International Courts as a Tool for Resolving the Ukrainian-Russian Conflicts. German Yearbook of International Law, 62(1), 371-406. https://doi.org/10.3790/gyil.62.1.371
Marin, Nikolay and Manova, Bilyana "The Constraints of International Courts as a Tool for Resolving the Ukrainian-Russian Conflicts" German Yearbook of International Law 62.1, 2021, 371-406. https://doi.org/10.3790/gyil.62.1.371
Marin, Nikolay/Manova, Bilyana (2021): The Constraints of International Courts as a Tool for Resolving the Ukrainian-Russian Conflicts, in: German Yearbook of International Law, vol. 62, iss. 1, 371-406, [online] https://doi.org/10.3790/gyil.62.1.371

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The Constraints of International Courts as a Tool for Resolving the Ukrainian-Russian Conflicts

Marin, Nikolay | Manova, Bilyana

German Yearbook of International Law, Vol. 62 (2019), Iss. 1 : pp. 371–406

1 Citations (CrossRef)

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Author Details

Nikolay Marin, Dean of the Faculty of Law and History, and Associate Professor at South-West University ‘Neofit Rilski’ in Blagoevgrad, Bulgaria; Member of the Bulgarian Association for European Law.

Bilyana Manova, PhD Candidate at South-West University ‘Neofit Rilski’ in Blagoevgrad, Bulgaria.

Cited By

  1. Bibliography

    Leiden Journal of International Law, Vol. 34 (2021), Iss. 4 P.1001

    https://doi.org/10.1017/S0922156521000479 [Citations: 0]

Abstract

This article addresses the large number of cases brought by Ukraine before different international courts and tribunals against the Russian Federation following the inclusion of Crimea in Russia and the military conflicts in Eastern Ukraine that ensued. The initiation of numerous legal proceedings is presented as a part of an overall Ukrainian strategy to respond to the loss of Crimea, both in order to obtain specific legal remedies and to draw international attention to its cause. The characteristics of the Ukrainian-Russian proceedings that stem from the political significance of this conflict are addressed. The implications of these cases for international law, and the constraints on the existing system of international justice that have been revealed are also evaluated. It is shown that Ukraine often faces difficulties establishing a jurisdictional basis for its claims. Russia's reluctance to submit the disputes to examination by international courts, manifested in its frequent challenging of their jurisdiction, is explained both by the fact that it is aware of its violations and anticipates adverse judgments, and that it may regard such courts as somewhat hostile towards it. These phenomena are analysed in the larger context of the trend in international politics towards a declining trust in international cooperation.

Table of Contents

Section Title Page Action Price
Nikolay Marin and Bilyana Manova*\nThe Constraints of International Courts as a Tool for Resolving the Ukrainian-Russian Conflicts 371
I. Introduction 371
II. The Context of the Ukrainian Litigation Efforts 373
A. The ‘Special’ Case of the Russian-Ukrainian Relations 373
B. The Growing Russian Resistance to European Court of Human Rights Decisions, and the Recent Crisis in the Russian Cooperation with the Council of Europe 375
1. The Crisis Related to the Russian Participation in the Council of Europe 375
2. The Ever More Palpable Russian Reluctance to Execute ECtHR Judgments 377
III. The Events that Led to the Initiation of the Cases: The Incorporation of Crimea Into Russia, and the Subsequent Military Conflicts in Eastern Ukraine 379
IV. Ukraine’s Application Before the International Court of Justice 371
A. Russia’s Traditionally Rare Participation in ICJ Proceedings 371
B. Georgia v. Russian Federation 371
C. Ukraine v. Russian Federation 371
D. Conclusions Regarding Ukraine’s Application Against Russia Before the ICJ 371
V. Ukraine’s Application Before the PCA Alleging that Russia has Violated the Right of Ukraine to Use the Resources of its Territorial Waters 372
VI. The Kerch Strait Incident and Ukraine’s Applications Before the PCA and the ITLOS 372
A. The Kerch Strait Incident 372
B. The Arbitral Proceedings Instituted by Ukraine Under the UNCLOS in Response to the Incident 372
C. Ukraine’s Application Before the ITLOS for the Prescription of Provisional Measures Regarding its Captured Vessels and Servicemen 372
VII. Investor-State Arbitration Cases of Ukrainian Companies Against Russia Before the PCA 372
VIII. Arbitral Disputes Before the IISCC Between a Russian and a Ukrainian Private Gas Company 372
IX. Cases Brought by Ukraine Before the ECtHR Alleging Violations of the European Convention on Human Rights by Russia 373
X. The Seizing of the ICC by Ukraine and the Withdrawal of Russias Signature of the Rome Statute 373
XI. Conclusion 373