Ukraine v. Russia and Philippines v. China: Jurisdiction and Legitimacy
19 Pages Posted: 10 Oct 2016 Last revised: 16 Sep 2018
Date Written: 2017
On September 16, 2016, Ukraine instituted proceedings against Russia under the United Nations Convention on the Law of the Sea. Commentators have drawn parallels between this case and Philippines v. China, but key differences remain. Through a preliminary comparison of Ukraine v. Russia with Philippines v. China, this Article makes two arguments. First, the Ukraine v. Russia tribunal faces jurisdictional obstacles greater than those faced by the Philippines v. China tribunal. Second, the legitimacy of the Ukraine v. Russia proceedings is greater than that of the Philippines v. China proceedings.
Keywords: UNCLOS, Ukraine, Russia, Crimea, Philippines, China, Arbitration, Jurisdiction, Non-Participation, Optics
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