international law; annexation; international adjudication
Abstract :
[en] In accordance with the practice of a majority of States, the incorporation of Crimea into the Russian Federation can be qualified as a case of annexation. As a serious breach of international law, it raises a certain number of questions with regard to the respective rights and obligations of all relevant actors. With no conventional resolution of the dispute between Russia and Ukraine in sight, judicial remedies—both before national and international courts and tribunals—are destined to play a key role in this context. As a matter of fact, annexation of Crimea has already resulted in judicial decisions regarding the restitution of cultural property, investment protection, and the restrictive measures adopted by the EU following Crimea’s annexation. Other questions raised by this situation are currently being discussed before the ICJ, the ECtHR, the ICC, the WTO, and a UNCLOS Annex VII Arbitral Tribunal.
Disciplines :
European & international law
Author, co-author :
ERPELDING, Michel ; Max Planck Institute Luxembourg for Procedural Law > Department of International Law and Dispute Resolution > Senior Research Fellow
External co-authors :
no
Language :
French
Title :
L'annexion de la Crimée devant les juges
Alternative titles :
[en] The Annexation of Crimea Before the Courts
Publication date :
2018
Journal title :
Annuaire Français de Droit International
ISSN :
0066-3085
eISSN :
2105-2948
Publisher :
Centre National de la Recherche Scientifique (CNRS), Paris, France