Distinction between law enforcement activity and military activity in article 298(1)(b) of UNCLOS: Commentary on recent international decisions.

The war between Russia and Ukraine has brought the previously dormant military activity exception back into the spotlight. Yet, considering the sensitivity of military actions and the multifaceted functions performed by warships and coast guard vessels in practice, one may question whether a viable standard for distinguishing between law enforcement activity and military activity is possible at all. Therefore, instead of focusing on the intricacies of legal doctrines, it might be helpful to look at the issue from the perspective of the role of international judicial bodies in dealing with disputes with wide political ramifications. While it is always possible for courts and tribunals to identify legal issues arising from a broader political context, it must be recognized that piecemeal judicial solution is a poor substitute for political dispute settlement mechanisms. The harsh truth remains that, in a decentralized legal system dominated by the will of states, judicial restraint is perhaps the only way forward for international adjudication. [ABSTRACT FROM AUTHOR]