Monthly Archives: December 2018

Arbitral Tribunal and ECtHR: The Kerch Strait Incident November 2018

An incident between Ukrainian and Russian governmental vessels occurred in the vicinity of the entrance to the Kerch Strait, 25 November 2018, of which the facts are disputed.

In a letter (2) dated 27 November 2018, Ukraine informed the Arbitral Tribunal in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) (previously reported) about the incident, on the basis it aggravated the parties’ dispute. Ukraine also filed its response to Russia’s jurisdictional objections.

On the 29 November 2018 an inter-State application was lodged by Ukraine before the European Court of Human Rights (ECtHR) under Article 33 of the European Convention on Human Rights, Application no. 55855/18, Ukraine v. Russia (VIII). The ECtHR put factual questions to the Russian Government. The Russian Justice Ministry responded, but objected to the Ukrainian application. On the 4 December 2018 the ECtHR, under Rule 39 of the Rules of Court, indicated interim measures to the Russian Government concerning medical treatment for the captive Ukrainian naval personnel.

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Filed under Jurisprudence

Singapore: UNCLOS Article 298 Declaration submitted

The Singapore Government on 12 December 2018 filed a declaration under Article 298(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS). This declaration means that other States Parties to UNCLOS cannot unilaterally commence third party arbitration or adjudication against Singapore in respect of maritime boundary disputes. Singapore likewise cannot unilaterally commence third party arbitration or adjudication against other States Parties for such disputes. A statement by the Ministry of Foreign Affairs of Singapore on the matter may be found here.

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Filed under State Practice