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