The law of the sea is unique. Russia will allow Ukrainian ships travel from the Black to the Azov sea. They know that in Russia very carefully – the country is itself dependent on the right of passage.
Ukrainian ships in the port of Kerch
A Russian is likely to the Ukrainian deal, the international courts and tribunals: On Sunday the Russian coast refused to guard the patrol boats of the Ukrainian Navy, the transit in the Strait of Kerch and rammed one of the ships. Then they fired on the ships and the on-Board occupants.
The Russian side speaks of a border violation, the Ukrainians accuse Moscow of “Aggression”. Both sides claim the other would have broken the international law of the sea Convention. Who is right?
What is the law of the sea position?
Russia and Ukraine have signed in 2003 an agreement on the shared territorial waters. This Treaty secures the free use of the Azov sea and the Kerch Strait, both for Russian and for Ukrainian ships. “The agreement is still valid, Russia has never declared, to want out of the contract, get out”, said in a DW Interview Mikhail Wojtenko, editor-in-chief of the Russian magazine “Maritime Bulletin”. Even after Russia holds the Crimean Peninsula since March 2014, occupied, wanted to shake not a page officially to the agreement. The Ukraine would have the right to have their warships through the Strait of Kerch, Wojtenko.
Daniel-Erasmus Khan: The agreement is secondary
The bilateral agreement between Russia and the Ukraine was of secondary importance, explained to DW-question Daniel-Erasmus Khan of the University of the Bundeswehr Munich. More weight one should give to another agreement. “This agreement between the Ukraine and Russia, it is not honest at all, because the rules of the international law of the sea Convention of 1982 are here.”
Both Russia and the Ukraine are the law of the sea United Nations Convention acceded to. It is intended to ensure, among other things, that ships to the sea, close free can happen – without the consent of the riparian States. “Since the Ukrainian side may exercise, without Further notice, the right to Transit, even without Russia’s permission, and without other conditions,” says Khan.
Russia’s Position: the violation of the border
Compared with the Situation in the Donbass Moscow is allowed on the lake more aggressive actions, said the Ukrainian law expert Vasily Filiptschuk. An explanation of the former Diplomat in a “legal vacuum” on the part of the international community. Unlike Eastern Ukraine hardly UN would be in terms of the situation in the Crimea”,-resolutions adopted”. The leave Russia a free Hand, so Filiptschuk. That the conflict around the Strait of Kerch is now also in the UN security Council on the subject, he greeted.
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The Status of the Crimea have a very important significance for Moscow’s defense strategy, believes Mikhail Wojtenko, because it is the water surface consider before the Crimea in 2014, as his territory: “But for Ukraine and for the international community, the waters, together with the Crimea is still Ukraine.”
In this respect, Russia’s claim that the Ukrainian ships would have been in their territory is, anyway, only half of the one-sided truth, says Khan: “you were there, if one were to assume that the Crimea belongs to Russia”. However, says Khan, games, the Status of the Crimea exactly in this conflict “exception, not a role” – because of the law of the sea Convention and of the “inalienable Right of travel”.
Expert: the Ukraine would win
Better maps, its right to enforce, would be the Ukraine, if the dispute would end up before international courts, are the interlocutor of the DW to agree. “A justification in international law nature, there is (for the Russian, ed.) not,” says Daniel-Erasmus Khan.
Ex-Diplomat Vasily Filiptschuk: UN Russia in the Crimea a free Hand
The journalist Wojtenko is convinced: “The Ukraine has breached no laws, in contrast to Russia. No matter which the court accepts the case, he would acknowledge that in this case, the Ukrainian activities as lawful.” In court, he would need to Moscow asking why the Russian coast guard is a civilian Tanker has been used to stop the Ukrainian boat and why the Ukrainian war ships are not the same in Russian, but in international waters has shot at.
What if the law of the sea Convention does not work anymore
The law of the sea to make the Convention in question, says University Professor Khan, could not actually be in the interests of Russia. Finally, the country benefits from the international regime. The expert paints a grim picture of an international escalation, not Russia should respect the law of the sea Convention. The Kerch Strait is nothing more than a “little Bosphorus”. If, however, the real Bosphorus would be locked, would be the Russian black sea fleet “incapable of action” said Khan. “If Russia keeps up the pressure, might be tempted to turn to NATO to take similar measures in the Bosphorus, what would make Russia, of course, very difficult.”