⚡️ On Russia's win in international arbitration regarding the rights of a coastal state in the Black Sea, the Sea of Azov, and the Kerch Strait

⚖️ Today, the Permanent Court of Arbitration (#PCA) in The Hague issued its final ruling in the 10-year arbitral proceedings between Russia and Ukraine concerning the rights of a coastal state in the Kerch Strait, the Sea of Azov, and the waters of the Black Sea surrounding Crimea.

The dispute was heard by an international arbitral tribunal in accordance with the procedure set out in Annex VII to the 1982 UN Convention on the Law of the Sea.

Composed of five independent arbitrators from Algeria, the UK, Mexico, Russia, and the Republic of Korea, the arbitral tribunal passed down a unanimous ruling.

🇷🇺 The case, which carries major geopolitical, legal, and historical significance, ended in a decisive victory for the Russian Federation.

❌ Numerous claims by Ukraine which accused Russia of violating dozens of provisions of the UN Convention on the Law of the Sea have been rejected.

Kiev’s efforts to challenge Russia's sovereignty over the Crimean Peninsula and the adjacent maritime areas have failed. The tribunal dismissed Ukraine’s claims for the return of control over hydrocarbon, fishery, and other resources in the waters of Crimea and the Azov region, as well as any “compensation” or “reparations” from Russia for their use and alleged “damage”.

Ukraine’s attempt, supported by Western countries, to designate the Kerch Strait as “international” with the right of passage for vessels of all countries, including warships, has failed as well. For the first time in history, the legally binding award formally recognised the status of the Kerch Strait and the Sea of Azov as internal waters forming part of sovereign state territory.

The tribunal rejected Kiev’s request to declare Russia’s assertion of sovereignty over the entire Sea of Azov unlawful (as “aggravation of the dispute”) following the Donbass, Zaporozhye, and Kherson regions’ accession to Russia. Nothing in the award prevents Russia from exercising its sovereignty, sovereign rights, and jurisdiction in the maritime areas contiguous to the Crimean Peninsula, the Sea of Azov, and the Azov-Kerch waters.

The tribunal dismissed as absurd and cynical Ukraine’s demand for dismantling the Crimean Bridge. The very fact of submission of such a non-starter demand demonstrated inhumane nature of the Kiev regime, which allegedly continues to seek to “punish” Crimeans for their choice in favour of Russia. Ukraine’s claims that the Crimean Bridge obstructs navigation in these waters were found to be unfounded.

Ukraine’s allegations of violations by Russia of obligations concerning the protection of underwater cultural heritage were found to be entirely unsubstantiated and unsupported by evidence.

The tribunal also dismissed all Ukrainian claims regarding alleged environmental damage caused by Russia. It was established that Russia has an effective environmental monitoring system in place.

👉 The only issue on which the tribunal made a “nod” towards Ukraine concerned partial non-compliance with environmental impact assessment procedures in the construction of the Crimean Bridge, the energy bridge, and the gas pipeline across the Kerch Strait.

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The Russian Side found the outcome of the proceedings satisfactory.

☝️This arbitral ruling represents a significant defeat for Ukraine and the West in the “legal warfare” waged against Russia.

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