Thus, despite the differing context, similar human rights concerns informed Russia’s
treatment of both Pussy Riot and the Arctic Sunrise.
4.1.3 Russia’s Reaction to the Order for Compensation
The influence that contextual forces have in encouraging compliance is apparent in
their obverse. Finding in favour of the Netherlands on the merits on 14 August 2015,
the arbitral tribunal handed down its Award on Compensation on 10 July 2017,
requiring Russia pay €5.4 million in compensation.
178 Russia’s reaction was dismissive. Its Foreign Ministry made a statement on 20 July 2017, articulating
Russia’s prior position—that the tribunal lacked jurisdiction, and that the Arctic
Sunrise’s crew acted unlawfully—and noting: ‘It is difficult to add anything to this
assessment at this point with regard to the decision on compensation.’
179 Apart from
a statement by the Government of the Netherlands demanding payment by
Russia,
180 its refusal to pay was met with international indifference: the release of
the Arctic Sunrise and its crew three-and-a-half years prior had alleviated international censure, such that the international political context that once encouraged
compliance no longer existed. As such, Russia’s tendency to comply here is based on
the broader political context. International law does not coerce or cause Russia’s
conduct, but rather galvanises international opinion on its appropriateness, and thus
affects Russia’s political calculus.
4.2 Compliance and the Ukraine v. Russia Arbitration
The Ukraine v. Russia matter also typifies Russia’s practice of pursuing compliance
with the law of the sea where its breach is the object of arbitral determination. Here,
however, the causal connection between the international community’s perceptions
and Russia’s conduct is blurred by economic and geopolitical circumstances surrounding its 2014 annexation of Crimea. Even so, a tendency towards compliance
remains apparent.
178 Arctic Sunrise (Compensation), para. 128.
179 The Ministry of Foreign Affairs of the Russian Federation, Press Release of 20 July 2017: http://
www.mid.ru/en/web/guest/foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/
2818579?.
180 Government of the Netherlands, Press Release of 18 July 2017: https://www.government.nl/
latest/news/2017/07/18/koenders-satisfied-with-award-of-damages-in-arctic-sunrise-case.
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307
treatment of both Pussy Riot and the Arctic Sunrise.
4.1.3 Russia’s Reaction to the Order for Compensation
The influence that contextual forces have in encouraging compliance is apparent in
their obverse. Finding in favour of the Netherlands on the merits on 14 August 2015,
the arbitral tribunal handed down its Award on Compensation on 10 July 2017,
requiring Russia pay €5.4 million in compensation.
178 Russia’s reaction was dismissive. Its Foreign Ministry made a statement on 20 July 2017, articulating
Russia’s prior position—that the tribunal lacked jurisdiction, and that the Arctic
Sunrise’s crew acted unlawfully—and noting: ‘It is difficult to add anything to this
assessment at this point with regard to the decision on compensation.’
179 Apart from
a statement by the Government of the Netherlands demanding payment by
Russia,
180 its refusal to pay was met with international indifference: the release of
the Arctic Sunrise and its crew three-and-a-half years prior had alleviated international censure, such that the international political context that once encouraged
compliance no longer existed. As such, Russia’s tendency to comply here is based on
the broader political context. International law does not coerce or cause Russia’s
conduct, but rather galvanises international opinion on its appropriateness, and thus
affects Russia’s political calculus.
4.2 Compliance and the Ukraine v. Russia Arbitration
The Ukraine v. Russia matter also typifies Russia’s practice of pursuing compliance
with the law of the sea where its breach is the object of arbitral determination. Here,
however, the causal connection between the international community’s perceptions
and Russia’s conduct is blurred by economic and geopolitical circumstances surrounding its 2014 annexation of Crimea. Even so, a tendency towards compliance
remains apparent.
178 Arctic Sunrise (Compensation), para. 128.
179 The Ministry of Foreign Affairs of the Russian Federation, Press Release of 20 July 2017: http://
www.mid.ru/en/web/guest/foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/
2818579?.
180 Government of the Netherlands, Press Release of 18 July 2017: https://www.government.nl/
latest/news/2017/07/18/koenders-satisfied-with-award-of-damages-in-arctic-sunrise-case.
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