Russia has no right to rewrite the law of the sea – Ukraine's representative in The Hague

Khrystyna Bondarieva , Anastasia Protz — Monday, 23 September 2024, 15:40

Anton Korynevych, Agent of Ukraine and Ambassador-at-Large of Ukraine's Foreign Ministry, has articulated Kyiv's position during oral hearings at the Hague Arbitration Tribunal regarding Ukraine's rights in the Black Sea, the Sea of Azov and the Kerch Strait.

Source: press service for Ukraine's Foreign Ministry, as reported by European Pravda

Details: Noting that Ukraine is presenting evidence of numerous violations of maritime law by Russia, Korynevych underscored that "Russia has no right to rewrite the law of the sea".

He noted that Russia claims that all 37,600 sq. km of the Sea of Azov are internal waters, which are not covered by the UN Convention on the Law of the Sea (UNCLOS).

However, Ukraine is insisting that the tribunal should not rule in a way that departs from the text of UNCLOS. Not should it recognise the Sea of Azov as the internal waters of multiple states.

"Such a ruling would imperil the rights of Ukraine, and also of the flag States of the many vessels that have historically transported millions of tonnes of grain, steel and other commodities to and from Mariupol and Berdiansk," Korynevych said.

He also highlighted the unlawful nature of the Kerch Bridge and stressed that it "must come down".

"The Kerch Strait should be returned to its status before this illegal threat to navigation began," Korynevych said.

He noted that Ukraine is asking the tribunal to apply the Convention on the Law of the Sea as it is written.

"Exercise the mandatory jurisdiction that UNCLOS confers on you. And for the small but important slice of Russia’s conduct that is before you – its violations of the law of the sea – hold Russia accountable," the agent of Ukraine declared.

Background

  • Ukraine initiated arbitration proceedings against Russia in September 2016 "in order to protect its rights as a coastal state in the waters adjacent to Crimea in the Black Sea, the Sea of Azov and the Kerch Strait".
  • In August 2018, the court in The Hague decided to consider Russia's objections, postponing the hearing on the merits.
  • Russia's main objection was that Ukraine's claims did not actually relate to the UN Convention on the Law of the Sea but were an attempt to obtain a ruling confirming Ukraine's sovereignty over the Crimean peninsula.

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