THE CASE OF THE DETENTION OF THREE UKRAINIAN NAVAL VESSELS BY RUSSIA

Abstract

The analyzed issue submitted to the International Tribunal for the Law of the Sea
(ITLOS) is a clear exemplification of the difficulties and the disputes which can rise between
two States, based on different interpretations of International law. In the present case the
interpretative dispute concerns certain rules of Montengo Bay Convention (UNCLOS) of 10
December 19821. These provisions are related to the immunity of the flag State and of the
naval ships and to the qualification of the dispute itself, due to the possibility to apply a
limitative reservation2 to the jurisdiction of the court or the tribunal in charge .