Starting from the Case Concerning the Detention of Three Ukrainian Vessels and Deriving Suggestions and Examining the Definition of Military Activities as Well as Three Possible Consequences

DOI

10.2991/assehr.k.211020.286How to use a DOI?

Keywords

International Law of Sea, Judaical fragmentation Judicial expansion, Judicial Lawmaking, military activity

Abstract

This article explores the definition of military activity arising from the case concerning the detention of three Ukrainian vessels. Vague definition not only causes problems of interpretation and the consequences of judicial legislation, but also if the jurisdiction of the court is exceeded, judicial expansion may occur. Compared with the South China Sea arbitration, different interpretations of military activities may lead to judicial divisions. This article will also study the pros and cons of each of the three.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Ziyun Li
PY  - 2021
DA  - 2021/10/21
TI  - Starting from the Case Concerning the Detention of Three Ukrainian Vessels and Deriving Suggestions and Examining the Definition of Military Activities as Well as Three Possible Consequences
BT  - Proceedings of the 2021 International Conference on Public Relations and Social Sciences (ICPRSS 2021)
PB  - Atlantis Press
SP  - 939
EP  - 948
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211020.286
DO  - 10.2991/assehr.k.211020.286
ID  - Li2021
ER  -