The claims of the Russian Federation to the UN Tribunal on the case of Ukraine against Russia’s rights in the Black, Azov seas and Kerch Strait are unfounded. Ukraine will respond to all objections. This is stated on the website of the Ministry of foreign Affairs.
Today, August 31, the UN Tribunal said that before considering the merits of the case intends to rule on Russia’s claim to the jurisdiction of the judicial authority.
In February 2018 Ukraine filed its Memorandum, which confirms that Russia has violated Ukraine’s sovereign rights in the Black, Azov seas and Kerch Strait. It shows that in 2014 the Russian Federation illegally removed Ukraine from exercising their rights of the coastal state uses the Ukrainian resources for its own purposes. In addition, in violation of international law, Russia steals Ukrainian energy and fishing resources, harms the Ukrainian fishermen and blocks traffic to Ukrainian ports.
“Instead of reply essentially of Ukraine, the Russian Federation may 22, 2018 submitted its objections to the jurisdiction of the Tribunal which was allowed by the Rules of the Tribunal. In accordance with the usual practice, the Court decided to consider these objections before considering the merits of the case. Ukraine does not consider that the jurisdictional objections of the Russian Federation are justified or that they will be accepted by the Tribunal,” – said on the website of the foreign Ministry.
According to the report, Russia claims that Ukraine claims do not relate to the UN Convention on the law of the sea, and supposedly are trying to get a solution that reaffirms the sovereignty of Ukraine over Crimea.
“This objection is clearly misconstrues the claim of Ukraine. Ukraine referred the dispute to Arbitration on the rights of the coastal state in the Black and Azov seas and the Kerch Strait, which are fixed and defined in the UN Convention on the law of the sea. The fact that Ukraine uses such Maritime rights, recognized by the international community – for more than two decades after independence, the possibility of implementation by Ukraine of their rights, which are now the subject of dispute, did not cause any disputes,” – said the Agency.
Said that such a claim is the main function of the dispute settlement system within the framework of the UN Convention on the law of the sea.
Other objections of the Russian Federation is also not justified, according to the foreign Ministry. In particular, the Russian Federation argues that the sea of Azov and the Kerch Strait does not fall within the scope of the UN Convention on the law of the sea, because Ukraine and Russia have agreed to maintain these areas as “General internal waters.”
Ukraine said that in fact Russia seized the Ukrainian gas fields in the Azov sea, intending to unilaterally cancel the Ukrainian license, build the bridge and other structures along the Kerch Strait, and also impose certain limitations on vessel sizes.
“The Ministry of foreign Affairs is ready to answer all the objections of the Russian Federation before the Tribunal. Ukraine considers that the Russian Federation will be prosecuted for daring violation of international law of the sea,” – said the foreign Ministry of Ukraine.
Note that the UN Tribunal examines the case of Ukraine against Russia in accordance with the UN Convention on the law of the sea 1982.
Note, the UN Convention on the law of the sea was signed in 1982 and entered into force in 1994. It establishes the division of Maritime space between States and regulates the rules on internal waters, high seas, exclusive economic zone, continental shelf, and the like. The Convention has been ratified by 159 countries, including Ukraine and Russia.