Maritime delimitation between Romania and Ukraine
Encyclopedia
Maritime delimitation between Romania and Ukraine in the Black Sea
was conducted by the International Court of Justice
. On September 16, 2004 the Romanian side brought a case to the Court following unsuccessful bilateral negotiations. On February 3, 2009 the Court revealed its verdict, in which it established a single maritime boundary
delimiting
the continental shelf
and exclusive economic zone
s of Romania
and Ukraine
.
between them is inviolable and therefore, they shall refrain, now and in future, from any attempt against the border, as well as from any demand, or act of, seizure and usurpation of part or all the territory of the Contracting Party". However, both sides have agreed that if no resolution on maritime borders can be reached within two years, then either side can go to the International Court of Justice to seek a final ruling.
Oil
(10 million tonnes) and natural gas deposit
s (1 billion m³) were discovered under the seabed nearby. The natural resources are not significant though, as they can be exhausted in 2–3 years of development.
BP
and Royal Dutch/Shell
signed prospect contracts with Ukraine
, while Total
with Romania
. Austrian OMV
(the owner of Romania's largest oil company, Petrom
) also signed a contract with Naftogas of Ukraine and Chornomornaftogaz to jointly participate to an auction for a concession of the area.
status dramatically affects the maritime
frontier line between the two countries. If Snake Island is an island, then continental shelf
around Snake Island should be considered as Ukrainian water. If Snake Island is not an island, but a cliff
, then in accordance with international law
the maritime boundary between Romania and Ukraine should be drawn without taking into consideration the isle location.
The Romanian side claimed that Ukraine was developing Snake Island in order to prove its island status as contrary to a cliff
.
in a dispute concerning the maritime boundary between the two States in the Black Sea, claiming that the island has no socio-economic significance.
In general, the islands are “special” or “relevant” circumstances to be considered in each act of delimitation effected either by states themselves or with the help of a third party, such as the ICJ, and depending on the peculiarity of a given situation, considerations of equity may lead to giving islands full, partial or even no effect in determining entitlement to maritime areas.
However, in the practice of states even rocks are often given effect during maritime delimitation, leaving alone full-fledged islands. For example, Aves Island was given full effect in the United States – Venezuela Maritime Boundary Treaty
despite its very small size and lack of habitation. Furthermore, most states do not distinguish the islands from LOSC Art. 121(3) “rocks” and claim the shelf and the EEZ for all their rocks and islands. Examples would include the UK (with regard to Rockall Island), Japan (with regard to Okinotorishima), the US (with regard to Hawaiian and many other uninhabited islands along the equator), France (with regard to Clipperton and other islands), Norway (with regard to Jan Mayen), Yemen, Nicaragua, Sri Lanka etc.
The practice of international courts, tribunals and other third-party dispute settlement bodies is less uniform. On the one hand, even alleged Art.121(3) “rocks” are taken into account in delimiting the maritime boundaries. On the other hand, even though the islands are not Art.121(3) “rocks”, they may well be either ignored or substantially discounted (enclaved or eliminated) if their use would have an inequitable distorting effect in light of their size and location. Even if such islands are not discounted their actual influence on the delimitation is often minimal. All these decisions cannot, however, be said to have reached that level of uniformity in order to become a rule of law.
Although there have as well been some other instances where the issue, similar to that between Ukraine and Romania, was directly or implicitly involved, there has not been so far any direct third-party international review of whether a particular feature is LOSC Art.121(3) “rock” or is Art.121(2) “island”. Therefore, the Romanian-Ukrainian dispute may be the first case where the question of whether or not the island constitutes a “rock” with all the following implications under LOSC Art. 121(3) after its adoption will be examined by the main international adjudicative forum.
The decision of the ICJ in this case was not, therefore, that easy to predict. Even if the ICJ declares Snake Island to be an “island”, in delimiting the maritime zones, the ICJ may take into account “special” or “relevant” circumstances (the fact that the Black Sea is the “enclosed or semi-enclosed sea” which would make the maritime delimitation more difficult, the presence of the Serpents’ island, its location, significance etc.) and give the Serpents’ Island either full, or some, or none effect at all.
On September 19, 2008, the court concluded public hearings.
On the Romanian side, the Court found that the landward end of the Sulina dyke, not the manmade end should be used as a base point for the establishment of the provisional equidistance line
. The Court noted that the functions of a dyke are different from those of a port, and only harbor works are regarded as forming part of the coast.
On the Ukrainian side, the Court found that Snake Island
cannot be taken to form part of Ukraine’s coastal configuration. The Court explained that "to count Serpents’ Island as a relevant part of the coast would amount to grafting an extraneous element onto Ukraine’s coastline; the consequence would be a judicial refashioning of Geography" The court concluded that Snake Island "should have no effect on the delimitation in this case, other than that stemming from the role of the 12-nautical-mile arc of its territorial sea".
While the judgment draws an equitable line between both parties, Romania got a larger chunk of the disputed area, allowing it to exploit 80% of estimated 100 billion cubic meters of natural gas
deposits and 15 million tonnes of petrol located underneath the seabed. Although according to Ukraine's commissioner in the UN International Court Volodymyr Vasylenko almost the whole of oil and gas reserves are concentrated in the part of the sea shelf going to Ukraine.
Ukrainian President Viktor Yuschenko considers the ruling "just and final" and hoped "the ruling opens new opportunities for further fruitful cooperation in all sectors of the bilateral cooperation between Ukraine and Romania".
Black Sea
The Black Sea is bounded by Europe, Anatolia and the Caucasus and is ultimately connected to the Atlantic Ocean via the Mediterranean and the Aegean seas and various straits. The Bosphorus strait connects it to the Sea of Marmara, and the strait of the Dardanelles connects that sea to the Aegean...
was conducted by the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
. On September 16, 2004 the Romanian side brought a case to the Court following unsuccessful bilateral negotiations. On February 3, 2009 the Court revealed its verdict, in which it established a single maritime boundary
Maritime boundary
Maritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...
delimiting
Boundary delimitation
Boundary delimitation, or simply delimitation, is the term used to describe the drawing of boundaries, but is most often used to describe the drawing of electoral boundaries, specifically those of precincts, states, counties or other municipalities...
the continental shelf
Continental shelf
The continental shelf is the extended perimeter of each continent and associated coastal plain. Much of the shelf was exposed during glacial periods, but is now submerged under relatively shallow seas and gulfs, and was similarly submerged during other interglacial periods. The continental margin,...
and exclusive economic zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
s of Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
and Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
.
Preposition
In 1997, Romania and Ukraine signed a treaty in which both states "reaffirm that the existing borderBorder
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
between them is inviolable and therefore, they shall refrain, now and in future, from any attempt against the border, as well as from any demand, or act of, seizure and usurpation of part or all the territory of the Contracting Party". However, both sides have agreed that if no resolution on maritime borders can be reached within two years, then either side can go to the International Court of Justice to seek a final ruling.
Oil
Petroleum
Petroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...
(10 million tonnes) and natural gas deposit
Natural gas field
Oil and natural gas are produced by the same geological process according fossil fuel suggestion: anaerobic decay of organic matter deep under the Earth's surface. As a consequence, oil and natural gas are often found together...
s (1 billion m³) were discovered under the seabed nearby. The natural resources are not significant though, as they can be exhausted in 2–3 years of development.
BP
BP
BP p.l.c. is a global oil and gas company headquartered in London, United Kingdom. It is the third-largest energy company and fourth-largest company in the world measured by revenues and one of the six oil and gas "supermajors"...
and Royal Dutch/Shell
Royal Dutch Shell
Royal Dutch Shell plc , commonly known as Shell, is a global oil and gas company headquartered in The Hague, Netherlands and with its registered office in London, United Kingdom. It is the fifth-largest company in the world according to a composite measure by Forbes magazine and one of the six...
signed prospect contracts with Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
, while Total
Total S.A.
Total S.A. is a French multinational oil company and one of the six "Supermajor" oil companies in the world.Its businesses cover the entire oil and gas chain, from crude oil and natural gas exploration and production to power generation, transportation, refining, petroleum product marketing, and...
with Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
. Austrian OMV
OMV
OMV is Austria's largest oil-producing, refining and gas station operating company with important activities in other Central European countries...
(the owner of Romania's largest oil company, Petrom
Petrom
Petrom is a Romanian oil company, the largest corporation in Romania and the largest gas and oil producer in Eastern Europe operating in several countries:*Romania - largest company;*Moldova - 2nd largest company, 31% market share;...
) also signed a contract with Naftogas of Ukraine and Chornomornaftogaz to jointly participate to an auction for a concession of the area.
Snake Island location
Due to its geographic position, Snake IslandSnake Island (Black Sea)
Snake Island, also known as Serpent Island, , is a Ukrainian island located in the Black Sea near the Danube Delta.The island is populated. A rural settlement of Bile was established in February 2007, which is part of the Vylkove city, Kiliya Raion, Odessa Oblast...
status dramatically affects the maritime
Ocean
An ocean is a major body of saline water, and a principal component of the hydrosphere. Approximately 71% of the Earth's surface is covered by ocean, a continuous body of water that is customarily divided into several principal oceans and smaller seas.More than half of this area is over 3,000...
frontier line between the two countries. If Snake Island is an island, then continental shelf
Continental shelf
The continental shelf is the extended perimeter of each continent and associated coastal plain. Much of the shelf was exposed during glacial periods, but is now submerged under relatively shallow seas and gulfs, and was similarly submerged during other interglacial periods. The continental margin,...
around Snake Island should be considered as Ukrainian water. If Snake Island is not an island, but a cliff
Cliff
In geography and geology, a cliff is a significant vertical, or near vertical, rock exposure. Cliffs are formed as erosion landforms due to the processes of erosion and weathering that produce them. Cliffs are common on coasts, in mountainous areas, escarpments and along rivers. Cliffs are usually...
, then in accordance with international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
the maritime boundary between Romania and Ukraine should be drawn without taking into consideration the isle location.
The Romanian side claimed that Ukraine was developing Snake Island in order to prove its island status as contrary to a cliff
Cliff
In geography and geology, a cliff is a significant vertical, or near vertical, rock exposure. Cliffs are formed as erosion landforms due to the processes of erosion and weathering that produce them. Cliffs are common on coasts, in mountainous areas, escarpments and along rivers. Cliffs are usually...
.
Court hearings
On 16 September 2004 the Romanian side brought a case against Ukraine to the International Court of JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
in a dispute concerning the maritime boundary between the two States in the Black Sea, claiming that the island has no socio-economic significance.
In general, the islands are “special” or “relevant” circumstances to be considered in each act of delimitation effected either by states themselves or with the help of a third party, such as the ICJ, and depending on the peculiarity of a given situation, considerations of equity may lead to giving islands full, partial or even no effect in determining entitlement to maritime areas.
However, in the practice of states even rocks are often given effect during maritime delimitation, leaving alone full-fledged islands. For example, Aves Island was given full effect in the United States – Venezuela Maritime Boundary Treaty
United States – Venezuela Maritime Boundary Treaty
The United States – Venezuela Maritime Boundary Treaty is a 1978 treaty between the United States and Venezuela which delimits the maritime boundary between Venezuelan islands in the Caribbean Sea and the American territories of Puerto Rico and the Virgin Islands.The treaty was signed in Caracas on...
despite its very small size and lack of habitation. Furthermore, most states do not distinguish the islands from LOSC Art. 121(3) “rocks” and claim the shelf and the EEZ for all their rocks and islands. Examples would include the UK (with regard to Rockall Island), Japan (with regard to Okinotorishima), the US (with regard to Hawaiian and many other uninhabited islands along the equator), France (with regard to Clipperton and other islands), Norway (with regard to Jan Mayen), Yemen, Nicaragua, Sri Lanka etc.
The practice of international courts, tribunals and other third-party dispute settlement bodies is less uniform. On the one hand, even alleged Art.121(3) “rocks” are taken into account in delimiting the maritime boundaries. On the other hand, even though the islands are not Art.121(3) “rocks”, they may well be either ignored or substantially discounted (enclaved or eliminated) if their use would have an inequitable distorting effect in light of their size and location. Even if such islands are not discounted their actual influence on the delimitation is often minimal. All these decisions cannot, however, be said to have reached that level of uniformity in order to become a rule of law.
Although there have as well been some other instances where the issue, similar to that between Ukraine and Romania, was directly or implicitly involved, there has not been so far any direct third-party international review of whether a particular feature is LOSC Art.121(3) “rock” or is Art.121(2) “island”. Therefore, the Romanian-Ukrainian dispute may be the first case where the question of whether or not the island constitutes a “rock” with all the following implications under LOSC Art. 121(3) after its adoption will be examined by the main international adjudicative forum.
The decision of the ICJ in this case was not, therefore, that easy to predict. Even if the ICJ declares Snake Island to be an “island”, in delimiting the maritime zones, the ICJ may take into account “special” or “relevant” circumstances (the fact that the Black Sea is the “enclosed or semi-enclosed sea” which would make the maritime delimitation more difficult, the presence of the Serpents’ island, its location, significance etc.) and give the Serpents’ Island either full, or some, or none effect at all.
On September 19, 2008, the court concluded public hearings.
Court decision
The court delivered its judgment on February 3, 2009, which divided the sea area of the Black Sea along a line which was between the claims of each country.On the Romanian side, the Court found that the landward end of the Sulina dyke, not the manmade end should be used as a base point for the establishment of the provisional equidistance line
Equidistance principle
The equidistance principle or principle of equidistance is a legal concept introduced in maritime boundary claims.The phrase denotes a concept of political geography and international law — that a nation's maritime boundaries should conform to a median line equidistant from the shores of...
. The Court noted that the functions of a dyke are different from those of a port, and only harbor works are regarded as forming part of the coast.
On the Ukrainian side, the Court found that Snake Island
Snake Island (Black Sea)
Snake Island, also known as Serpent Island, , is a Ukrainian island located in the Black Sea near the Danube Delta.The island is populated. A rural settlement of Bile was established in February 2007, which is part of the Vylkove city, Kiliya Raion, Odessa Oblast...
cannot be taken to form part of Ukraine’s coastal configuration. The Court explained that "to count Serpents’ Island as a relevant part of the coast would amount to grafting an extraneous element onto Ukraine’s coastline; the consequence would be a judicial refashioning of Geography" The court concluded that Snake Island "should have no effect on the delimitation in this case, other than that stemming from the role of the 12-nautical-mile arc of its territorial sea".
While the judgment draws an equitable line between both parties, Romania got a larger chunk of the disputed area, allowing it to exploit 80% of estimated 100 billion cubic meters of natural gas
Natural gas
Natural gas is a naturally occurring gas mixture consisting primarily of methane, typically with 0–20% higher hydrocarbons . It is found associated with other hydrocarbon fuel, in coal beds, as methane clathrates, and is an important fuel source and a major feedstock for fertilizers.Most natural...
deposits and 15 million tonnes of petrol located underneath the seabed. Although according to Ukraine's commissioner in the UN International Court Volodymyr Vasylenko almost the whole of oil and gas reserves are concentrated in the part of the sea shelf going to Ukraine.
Ukrainian President Viktor Yuschenko considers the ruling "just and final" and hoped "the ruling opens new opportunities for further fruitful cooperation in all sectors of the bilateral cooperation between Ukraine and Romania".
See also
- International Court of JusticeInternational Court of JusticeThe International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...