Prolazak tjesnacima na primjeru rusko-ukrajinskih odnosa u Azovskom moru

Abstract

The 1982 United Nations Convention on the Law of the Sea was, inter alia , an attempt to create an integral system of rules governing passage through straits. Never-theless, straits that are entryways into pluri-state bays remain a controversial issue. An interesting example of this situation is the Kerch Strait leading into the Sea of Azov. These areas received more attention from the international community after 25 Novem-ber 2018, when three Ukrainian vessels were prevented from passing through the Kerch Strait by the authorities of the Russian Federation. The Sea of Azov is wide enough to accommodate maritime areas in which freedom of navigation exists. However, in 2003 its coastal states, the Russian Federation and Ukraine, concluded the Agreement on Coope-ration on the Use of the Sea of Azov and the Kerch Strait. In this Agreement, the coastal states proclaimed that the Sea of Azov and the Kerch Strait form part of their internal waters, citing historical reasons for doing so. Regulation concerning navigation rights contained in the Agreement is stricter than the rules governing transit passage, which would be applicable as general law. This paper addresses the question of the admissibility of applying the 2003 Agreement to its target maritime areas. Some aspects of the rights and duties of ships in passage according to the regimes of both the 2003 Agreement and transit passage contained in the 1982 Law of the Sea Convention are also considered. The reason for this examination is that both the Russian Federation and Ukraine claim that the other side failed to comply with its duties. Finally, conclusions are drawn as to which regime seems to be applicable.