Accessibility navigation


International litigation and the dissaggregation of disputes: Ukraine/Russia as a case study

Hill-Cawthorne, L. (2019) International litigation and the dissaggregation of disputes: Ukraine/Russia as a case study. International & Comparative Law Quarterly, 68 (4). pp. 779-815. ISSN 0020-5893

[img]
Preview
Text - Accepted Version
· Please see our End User Agreement before downloading.

552kB

It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing.

To link to this item DOI: 10.1017/S0020589319000411

Abstract/Summary

This article explores the phenomenon of ‘disaggregation’ of disputes in international law, that is, the carving up of broader disputes into discrete legal claims based on different international legal rules and subject to the jurisdiction of different international tribunals. In particular, its focus is on certain under-explored consequences of this phenomenon for the jurisdiction of international tribunals, asking whether the relationship between the specific claims and the broader dispute might affect the jurisdiction of the tribunals. Employing the ongoing Ukraine/Russia dispute, which has yielded multiple claims before different international tribunals, the article offers an original analysis of these jurisdictional questions. It presents three approaches discernible from case law where tribunals face claims over which they appear to have jurisdiction that implicate a broader dispute over which they do not. The article ends with a consideration of possible explanations for why a tribunal might follow one approach over the others in any given case.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:85840
Publisher:Cambridge University Press

Downloads

Downloads per month over past year

University Staff: Request a correction | Centaur Editors: Update this record

Page navigation