Military Activities or Law Enforcement Activities?: Reflections on the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen
Journal: The Korean Journal of International and Comparative Law
Year: 2023

Abstract The interpretation of “disputes concerning military activities” under Article 298(1)(b) of the United Nations Convention on the Law of the Sea ( UNCLOS ) rests on a sensitive balance between the protection of strategic interests of States and the need for peaceful settlement of international disputes. There, an essential issue arises how an adjudicative body acting under Part XV UNCLOS should assess the nature of conducts of State for the purposes of Article 298(1)(b). This issue was vi