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Saturday, December 3, 2016

The Maritime claim of Ukraine to Russia: the story is long, no chance


Ukraine has filed against Russia’s claim for violation of the UN Convention on law of the sea. September 14, Petro Poroshenko has instructed the foreign Ministry to notify Russia about the beginning of the court procedure. “MK” talked about her prospects with a doctor of law, head of chair, Moscow State juridical University by Kamil Bekyashev who is a member of the permanent court of Arbitration in the Hague and arbitrator of the International court of justice.


photo: Natalia Gubernatorova

Ukraine accuses Russia of violating the UN Convention on Maritime law — namely, claims that as a result of “the annexation of the Crimea” violated her “rights to natural resources in the waters of the Black and Azov seas”. President Poroshenko said that Russia has a negative impact on the environment of the black sea basin, including in the course of construction of the Kerch bridge. What are the chances of Kiev to win the case?

– We had to repeatedly hear about the fact that Ukraine has prepared a lawsuit to the Russian Federation to transfer to international judicial organizations – whether in the international court of justice, whether in arbitration under the law of the sea. In any case, the claim is doomed to fail. They claim the natural resources of the coastal waters of the Crimea, but the Crimea after joining Russia no own territorial waters has not, this is Federal property, that is property of the Russian Federation.

In addition, the Crimea was annexed to Russia at the will of the people, and in accordance with the UN Charter, it is the people decides the fate of the country, he is a subject of international law. And any international court would take into account the fact that no enforcement action if the annexation of Crimea by Russia was not. What dispute can there be? Since the independence of Crimea, Ukraine has lost any rights to the 200-mile Maritime zone…

In any case, the lawsuit was filed. How much time can take its consideration?

– There is a lengthy procedure. Preliminary hearings, the debate on whether or not the claim of jurisdiction of this court or not… can it last from 3 to 10 years. For example, the claim of Australia and New Zealand to Japan about whaling in the Antarctic was examined in an International court 7 years. So in any case, even assuming that the decision is suddenly in favor of Ukraine, tomorrow the money it does not flow…

Interviewed by Marina OZEROVA

The Ukrainian crisis. Chronicle of events
source

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