Gorbun, Olesia

The thesis “The Crimean Occupation and Dispute Resolution under the 1982 United Nations Convention on the Law of the Sea” provides an in-depth analysis of the legal complexities surrounding the occupation of Crimea by the Russian Federation and the dispute settlement mechanisms under the United Nations Convention on the Law of the Sea (UNCLOS). The thesis examines the extent to which disputes over land sovereignty fall outside the provisions of UNCLOS and identifies which law of the sea matters can still be adjudicated between Ukraine and the Russian Federation by courts or tribunals under the jurisdiction provided by UNCLOS in the waters of the Black Sea, Sea of Azov, and the Kerch Strait. It offers a new approach to interpreting certain provisions of UNCLOS, provides a detailed analysis based on the legal status of waters surrounding the Crimean Peninsula, and clarifies that the Crimean occupation is not the sole obstacle to resolving the law of the sea disputes between Ukraine and the Russian Federation. The thesis explores options to overcome jurisdictional barriers under UNCLOS arising from the Crimean occupation, suggests solutions for determining the Crimean occupation from various legal perspectives, and due to this, provides insights into maintaining jurisdiction under UNCLOS.