-2obligation to take appropriate measures and to co-operate in prevention and suppression of
offences of financing acts of terrorism Definition of “funds” in Article 1 need not be addressed
at present stage of proceedings Whether specific act falls within meaning of Article 2,
paragraph 1 (a) or (b), of the ICSFT is matter for the merits Questions concerning existence of
requisite mental elements not relevant to the Court’s jurisdiction ratione materiae Objection to
the Court’s jurisdiction ratione materiae under the ICSFT cannot be upheld.
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Whether the procedural preconditions under Article 24, paragraph 1, of the ICSFT have
been met.
First precondition, namely, whether dispute between the Parties could not be settled through
negotiation Precondition requires genuine attempt to settle dispute through negotiation Little
progress made by the Parties during negotiations Dispute could not be settled through
negotiation within reasonable time First precondition met Second precondition, namely,
whether the Parties were unable to agree on organization of arbitration Failure to reach
agreement during requisite period despite negotiations Second precondition fulfilled.
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The Court has jurisdiction to entertain Ukraine’s claims under the ICSFT.
*
*
Whether the Court has jurisdiction ratione materiae under CERD.
Whether measures of which Ukraine complains fall within provisions of CERD Parties
agree that Crimean Tatars and ethnic Ukrainians in Crimea constitute ethnic groups protected
under CERD Rights and obligations contained in CERD broadly formulated Measures of
which Ukraine complains are capable of having adverse effect on enjoyment of certain rights
protected under CERD These measures fall within provisions of CERD Claims of Ukraine
fall within scope of CERD.
*