Legal Status of the Sea of Azov: Recent Developments

Abstract

According to the Agreement on Cooperation on the Use of the Sea of Azov and the Kerch Strait, the Sea of Azov is historically the internal waters of Ukraine and the Russian Federation. The delimitation of it should be conducted only with the consent of both States. The previous rounds of negotiations were unsuccessful, delimitation was not carried out, and agreement was not reached. Due to Russia’s and Ukraine’s declarations under Article 298 of UNCLOS any dispute related to the delimitation of the Sea of Azov has been excluded from compulsory dispute settlement procedures under UNCLOS. It is necessary to seek new approaches to the solution of the dispute on the maritime delimitation between these two states, taking into account current relations between Ukraine and the Russian Federation. Ukraine is considering the possibility of termination of the Agreement. The termination of Agreement is possible according to the Vienna Convention on the Law of Treaties, but the benefits of it should be evaluated in detail. Also, nowadays it is reasonable to establish the median line in the Sea of Azov in order to ensure protection of sovereignty, national interests and territorial integrity of Ukraine. Such line should be established until the common decision on delimitation will be reached.