Economic Dealings with Occupied Territories

Rescaling the legal dimensions of grey zones: Evidence from Ukraine

“…The term ‘aggression’ was used in a number of PASE and OSCE resolutions (Cherviatsova, 2021). Eventually, the international community established a truly robust non‐recognition of the illegal annexation of Crimea, which has been conspicuously absent from any other contested territory in the world (Kontorovich, 2015, p. 629).…”

“…In the case of Crimea and its coastal waters after 2014, two competing sets of rules can be distinguished. The first set derives from Crimea being an illegally occupied Ukrainian territory whose occupation is not recognised by the international community (Kontorovich, 2015). Therefore, this set of rules stipulates that Russia, as an occupying power, should have at minimum adhered to respective IHL rules, or at maximum be denied any rights towards illegally occupied territory.…”

A Category “Public Order” and Limitations on Party Autonomy in Contracts for the Carriage of Passengers by Sea

“…The EU and US reaction to the illegal occupation of Crimea developed "a robust non-recognition regime" (Kontorovich, 2015), that banned almost all business ties with Crimea, including, what is specifically emphasized, a prohibition on cruise ships calls in the Crimean ports. In addition, Ukrainian legislation developed the regime of "temporarily occupied territory", which, in particular, included internal sea waters and the territorial sea of Ukraine around the Crimean Peninsula; the territory of the exclusive (marine) economic zone of Ukraine along the coast of the Crimean Peninsula; and the territory adjacent to the coast of the Crimean Peninsula of the continental shelf of Ukraine .…”

EU extraterritorial obligations with respect to trade with occupied territories: Reflections after the case of Front Polisario before EU courts

“…Kontorovich, for instance, has claimed that having trade relations does not amount to recognition at all. 110 Crawford advocates a more moderate position concerning the exact content of the prohibition resulting from the duty of non-recognition, arguing that some acts should be permitted, especially those 'which do not purport to secure or enhance territorial claims, such as those of a commercial, minor administrative or 'routine' character, or those which are of immediate benefit to the population'. 111 Despite the ongoing academic debate, at least some differentiation between products from the occupied territories and products from the occupant's metropolitan territory, e.g.…”