Ukraine v. Russia and Philippines v. China: Jurisdiction and Legitimacy

19 Pages Posted: 10 Oct 2016 Last revised: 30 Mar 2018

Peter Tzeng

Foley Hoag LLP

Date Written: 2017

Abstract

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

Suggested Citation

Tzeng, Peter, Ukraine v. Russia and Philippines v. China: Jurisdiction and Legitimacy (2017). Denver Journal of International Law and Policy, Vol. 46, No. 1, pp. 1-19 (2017). Available at SSRN: https://ssrn.com/abstract=2849897

Peter Tzeng (Contact Author)

Foley Hoag LLP

United States

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