Territorial Disputes

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At Daggers Drawn: International Legal Issues Surrounding the Conflict in and around Nagorno-Karabakh

On 10 November, Azerbaijan and Armenia signed a Statement with the Russian Federation that fundamentally changes the scope of the conflict concerning Nagorno-Karabakh and the surrounding territories as well the status of the so-called “Republic of Artsakh” that had declared independence in early 1992. Even if it remains to be seen whether the Russian-brokered tripartite agreement will establish a framework for a definite settlement of the decade-long dispute on the status and legal regime of the Karabakh Armenians, it is designed to reshape the territorial and political realities in the South Caucasus and bring – at a minimum – a lasting cease fire. Armenia agreed to accept the result of Azerbaijan’s recent military campaign and, in addition, retrocede control over districts that remained occupied (Articles 2 and 6). In addition, the parties will guarantee a territorial link, the Lachin corridor, to ensure the connection between the territory of Armenia and Nagorno-Karabakh (Article 6). Armenia and Azerbaijan further invited Russia to deploy, for an initial five-year period, “peacemaking forces” along the…

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Editorial: The Legality of the Israeli Annexation – Redux

Once the American Administration recanted its long standing position as regards Israeli settlements, one could expect, as day follows night, that a shift on annexation would also follow, much to the delight of the Israeli government. It played well to the internal political agenda of both governments. In the case of settlements the State Department at least…

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The Monetary Gold Doctrine and the ICC: Can the ICC determine the Territorial Boundaries of Israel and Palestine?

The Prosecutor of the International Criminal Court (ICC) has been engaged in a Preliminary Examination of the situation in Palestine since January 2015. By December 2019, the Prosecutor had come to the conclusion that there is a reasonable basis to believe that war crimes have been, or are being, committed on territory of Palestine, and that the other…

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Conditional Decisions: A Solution for Ukraine v. Russia and Other Similar Cases?

On 21 February 2020, the tribunal in the Coastal State Rights arbitration between Ukraine and Russia rendered an award on preliminary objections. Although the tribunal decided that the case would proceed to the merits, it held that it did not have jurisdiction over any of Ukraine’s claims that would “necessarily…

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The Award concerning Preliminary Objections in Ukraine v. Russia : Observations regarding the Implicated Status of Crimea and the Sea of Azov

On 21 February 2020 the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) rendered its…

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