Legal battleship: Ukraine v. Russia

Author : Ruslan Solvar

Source : 112 Ukraine

Ukraine is preparing a lawsuit against the Russian Federation, which will cover the latest violation of the UN Convention of the Law of the Sea
22:45, 15 September 2016

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Russian fleet

Recently it was reported that Ukraine is preparing almost the first large-scale lawsuit against the Russian Federation, which will cover the latest violation of the UN Convention of the Law of the Sea (UNCLOS). This situation demonstrates the significant recovery of domestic diplomacy, as the Ukraine’s diplomats was expected to act much earlier, especially against the background of Moscow’s foreign policy failures.

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First of all, we should mention the fact that in August this year, second time in a row has Russia lost the suit to EU in the case EU v. WTO. Accordingly, the experts noted the danger of such a failure, because it could be a precedent for the organization of lawsuits involving less powerful states. Clearly, it was primarily about increasing pressure against Russia is terms of WTO. But as it turned out, the above mentioned defeat of Moscow led not just to creation of a dangerous precedent, but also to its expansion. This was reflected in the preparation of Ukraine’s claim.

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It is understood that such a step will be the touchstone for national diplomacy. Moreover, further likelihood of success in the confrontation with the Kremlin in the international arena depends on this very step. We should not forget that the question of violation of Ukraine’s maritime borders is not the only crime made by Russia. In this context, it is worth mentioning unjustified transit restrictions set by Moscow. That is why the preparation of legal action to the UN International Tribunal against Russia will become a "Rubicon" for Ukraine.

Related: Petrenko announced new lawsuit on Russian aggression to UN International Court in Hague

In general, it should be noted that the reason for the intensification of domestic diplomacy to be found not only in purely foreign policy debacle of the Kremlin, but also openly aggressive actions of the latter. These include numerous attempts to dismantle the "Normandy format" and lead negotiations with Kyiv, and traditional "promotion" of the situation around the so-called "credit of Yanukovych." In fact, Ukraine’s claim to the UN International Tribunal should be regarded as an adequate response to the appeal of the High Court in London on the above mentioned "debt."

Finally, it should be noted that domestic diplomacy is on the right track because it begins to conduct consistent pressure on Moscow, turning the fight into the legal framework. So in the future we can expect positive results with continued systematic defending of our own position in the international arena.

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