ROMANIA, 2014, BLACK SEA, HISTORY REWRITTEN, Ukraine, Hague,
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LACK SEA, HISTORY
REWRITTEN.
The Judgment of the International Court of Justice (ICJ or
the World Court, as it is also known) of The Hague, the principal
judicial organ of the United Nations, in the case “Maritime
Delimitation in the Black Sea” (Romania v. Ukraine) was
publicly delivered on 3 February 2009. In 2014 there are 5 years
since this moment, to which Romfilatelia dedicates the postage
stamps issue Black Sea, History Rewritten.
The utmost importance of the Judgment resides in the fact
that it has established the first and so far the only extension of
sovereign jurisdiction and sovereign rights of Romania after the
Great Union of 1918.
Thus, through this Judgment, Romania was allotted 79.34%
of the 12,200 km2 disputed area with Ukraine, which represents
9,700 km2 of continental shelf and exclusive economic zones, with
important hydrocarbon resources, which could ensure a high degree
of energy independence for Romania. Compared to the case-law of the
Court on maritime delimitations, this result is exceptionally
favorable to Romania.
This was Judgment no. 100 of the ICJ and it was adopted
with unanimity by the members of the Court, without separate or
dissenting opinions, which is without precedent in the activity of
ICJ since 1946.
Moreover, the Judgment, rendered by ICJ after proceedings
which lasted 4 years, 4 months and 18 days, has put an end to a 42
years bilateral dispute (firstly with USSR, then with Ukraine, its
successor State), the 10 rounds of negotiations (1967-1987) with
USSR, and respectively 34 rounds (1998-2004) with Ukraine bringing
no agreed settlement. In fact, this trial was the first contentious
case of Romania before ICJ.
The delimitation methodology used by the ICJ in the case
Romania v. Ukraine followed, as Romania has argued in its pleadings
during the proceedings, the method developed by the Court in its
consolidated case-law - an equidistance line, which was not further
adjusted according to relevant circumstances, as they were not
identified in this case - method which Romania had proposed during
the negotiation process, as well. Romania’s line of reasoning
before the Court was largely assumed by the ICJ - especially the
rejection of the use of Serpents’ Island as a base point for
drawing the delimitation line, as it was not integrated in the
configuration of the Ukrainian coast, and the refusal to recognize
any other role to this maritime rocky formation in the process of
delimitation, as well as the assessment that there was no
disproportion between the length of the relevant coasts of the two
countries. In the ICJ case-law this Judgment represents an
important benchmark, being already cited and used in subsequent
delimitations.
The delimitation line acquired by Romania in Court was
better than any result which would have been achieved through
negotiations. Indeed, the most favorable proposal made by the
ex-USSR in 1987 would have given Romania only 50% of the disputed
area at that moment, which was only about 4,000 km2. In contrast,
the Court’s Judgment allotted to Romania around 9,700 km2,
which is in fact almost more than two times and a half, while
Ukraine got 2,500 km2.
It is a constant element of the Romanian foreign policy
that observing of the principles and rules of International Law, as
well as using its instruments, institutions and mechanisms lie at
the very core of Romania’s external political action - which
is likely to maximize the efforts to achieve its national interest.
This case of Maritime Delimitation in the Black Sea, won by
Romania, can stand for the best example to show how the Romanian
diplomacy knew to use the “smart” instruments of
International Law in order to accomplish an objective related to
Romania’s national interest.
From a political point of view, the case in The Hague and
its outcome represent a model of dispute settlement by peaceful
means in the wider Black Sea Region, area where conflicts and
tensions are not missing. In the bilateral relations with Ukraine,
the Judgment of 3 February 2009 removed - by solving it - an
extremely complicated and sensitive problem from the bilateral
political agenda, which may positively influence the resolution of
other complex bilateral issues. As a matter of fact, both States
immediately welcomed the solution provided by the Judgment of the
International Court of Justice, and there has been no problem in
its implementation since 2009 to present.
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