PCA: Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. Russia)

On the 22 May 2020 Ukraine submitted its written memorial to the Arbitral Tribunal (UNCLOS, Annex VII) in respect of the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. the Russian Federation), PCA Case No. 2019-28. According to Procedural Order No. 1 (22 November 2019), the Russian Federation shall submit its written memorial within 6 months (para. 4), or preliminary objections within 3 months (para 5; Rules of Procedure (22 November 2019), art. 11). Any preliminary objections that ‘possess an exclusively preliminary character’ are to be examined in a preliminary phase prior to the merits of the case.

On the 26 May 2020 the Russian MFA commented on Ukraine’s submission. The Russian MFA suggests that Ukraine’s written memorial has “reduced the list of its [Ukraine’s] initial claims”. There is also a suggestion that Russia will exercise its right to submit preliminary objections:

Next, Russia will have to file its jurisdictional objections regarding this case by August 22, 2020 under the relevant rules of procedure.

For more information see PCA Case No. 2019-28, as well as the related provisional measures case, ITLOS Case No. 26. For previous DeMaribus reports, see here.

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Filed under Jurisprudence, State Practice

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