2 Russia’s Historical Participation in International Dispute
Resolution
Russia’s recent history of participation in disputes—involving maritime law or
otherwise—connotes an unusual international subject. On the one hand, Russia
tends to participate in, and contribute to, proceedings. On the other, it has historically
objected to the decision-making body’s jurisdiction in interstate disputes. These
objections follow similar themes: that non-legal alternatives exist for resolving
disputes, and that the specific issues are not justiciable by the given body.
2.1 The International Court of Justice
Russia has been party to two cases before the International Court of Justice (‘ICJ’).
Both of these cases were instituted unilaterally against Russia, and both concerned
alleged violations of treaties to which Russia is party. In addition, several cases were
instituted against the USSR by the United States,
6 although these were discontinued
by the ICJ for want of jurisdiction.
2.1.1 Application of the International Convention on the Elimination
of All Forms of Racial Discrimination (Georgia v. Russia)
7
On 12 August 2008, Georgia instituted proceedings against Russia in the ICJ for
breaches of the International Convention on the Elimination of All Forms of Racial
Discrimination (‘CERD’), under that treaty’s dispute resolution clause.
8 This matter
concerned Russian interventions in South Ossetia and Abkhazia, including the
alleged expulsion of ethnic Georgians.
9
Russia objected to the Court’s jurisdiction at the provisional measures stage of
proceedings, submitting that there was no dispute between the parties.
10 Russia
relied on three grounds: first, that CERD had not been breached
11 ; second, that the
6 See, e.g., Aerial Incident of 7 November 1954 (United States of America v. Union of Soviet
Socialist Republics) [1959] ICJ Rep 276.
7 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russia) (Preliminary Objections) [2011] ICJ Rep 70 (‘Racial Discrimination
(Preliminary Objections)’).
8 International Convention on the Elimination of All Forms of Racial Discrimination (New York,
21 December 1965, in force 4 January 1969) 660 UNTS, Art. 22 (‘CERD’).
9 Racial Discrimination (Preliminary Objections), para. 16.
10 Racial Discrimination (Preliminary Objections), Verbatim Record of 8 September 2008, paras.
7–8 (Kolodkin).
11 Ibid.
16 Implementing the Law of the Sea: Russia and Arbitrations Under Annex VII to. . .
289
Resolution
Russia’s recent history of participation in disputes—involving maritime law or
otherwise—connotes an unusual international subject. On the one hand, Russia
tends to participate in, and contribute to, proceedings. On the other, it has historically
objected to the decision-making body’s jurisdiction in interstate disputes. These
objections follow similar themes: that non-legal alternatives exist for resolving
disputes, and that the specific issues are not justiciable by the given body.
2.1 The International Court of Justice
Russia has been party to two cases before the International Court of Justice (‘ICJ’).
Both of these cases were instituted unilaterally against Russia, and both concerned
alleged violations of treaties to which Russia is party. In addition, several cases were
instituted against the USSR by the United States,
6 although these were discontinued
by the ICJ for want of jurisdiction.
2.1.1 Application of the International Convention on the Elimination
of All Forms of Racial Discrimination (Georgia v. Russia)
7
On 12 August 2008, Georgia instituted proceedings against Russia in the ICJ for
breaches of the International Convention on the Elimination of All Forms of Racial
Discrimination (‘CERD’), under that treaty’s dispute resolution clause.
8 This matter
concerned Russian interventions in South Ossetia and Abkhazia, including the
alleged expulsion of ethnic Georgians.
9
Russia objected to the Court’s jurisdiction at the provisional measures stage of
proceedings, submitting that there was no dispute between the parties.
10 Russia
relied on three grounds: first, that CERD had not been breached
11 ; second, that the
6 See, e.g., Aerial Incident of 7 November 1954 (United States of America v. Union of Soviet
Socialist Republics) [1959] ICJ Rep 276.
7 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russia) (Preliminary Objections) [2011] ICJ Rep 70 (‘Racial Discrimination
(Preliminary Objections)’).
8 International Convention on the Elimination of All Forms of Racial Discrimination (New York,
21 December 1965, in force 4 January 1969) 660 UNTS, Art. 22 (‘CERD’).
9 Racial Discrimination (Preliminary Objections), para. 16.
10 Racial Discrimination (Preliminary Objections), Verbatim Record of 8 September 2008, paras.
7–8 (Kolodkin).
11 Ibid.
16 Implementing the Law of the Sea: Russia and Arbitrations Under Annex VII to. . .
289