2009 - International Court of Justice

1 COUR INTERNATIONALE DE JUSTICERECUEIL DES ARRE|TS,AVIS CONSULTATIFS ET ORDONNANCESDEuLIMITATION MARITIMEEN MER NOIRE(ROUMANIE c. UKRAINE)ARRE|TDU3 FEuVRIER 20092009 International Court OF JUSTICEREPORTS OF JUDGMENTS,ADVISORY OPINIONS AND ORDERSMARITIME DELIMITATIONIN THE BLACK SEA( )JUDGMENT OF 3 FEBRUARY 2009 Mode officiel de citation:D limitation maritime en mer Noire (Roumanie c. Ukraine),arr t, Recueil 2009, citation:Maritime Delimitation in the Black Sea ( ),Judgment, Reports 2009, 0074-4441 ISBN 978-92-1-071059-6 Sales numberNode vente :950 DEuLIMITATION MARITIMEEN MER NOIRE(ROUMANIE c. UKRAINE)MARITIME DELIMITATIONIN THE BLACK SEA( )3 FEuVRIER 2009 ARRE|T3 FEBRUARY 2009 JUDGMENTTABLE OF CONTENTSP aragraphs1.

2 CHRONOLOGY OF THEPROCEDURE1-132. GENERALGEOGRAPHY14-163. Subject-matter of the Jurisdiction of the Court and its Applicable law31-424. EXISTINGMARITIMEDELIMITATION BETWEEN THEPARTIES(EFFECT OFTHEPROC S-VERBAUX OF1949, 1963 AND1974,AS WELL AS THE1949 AND1961 TREATIES BETWEENROMANIA AND THEUSSRAND THE2003 TREATY BETWEENROMANIA ANDUKRAINE)43-765. The Romanian relevant The Ukrainian relevant coast89-1056. RELEVANTMARITIMEAREA106-1147. DELIMITATIONMETHODOLOGY115-1228. ESTABLISHMENT OF Selection of base Construction of the provisional equidistance line150-1549. Disproportion between lengths of The enclosed nature of the Black Sea and the delimitationsalready effected in the The presence of Serpents Island in the area of delimitation The conduct of the Parties (oil and gas concessions, fishingactivities and naval patrols) Any cutting off The security considerations of the Parties202-20410.

3 THELINE OFDELIMITATION205-20911. THEDISPROPORTIONALITYTEST210-21612. THEMARITIMEBOUNDARYDELIMITING THECONTINENTALSHELF ANDEXCLUSIVEECONOMICZONES217-21813. OPERATIVECLAUSE219614 International Court OF JUSTICEYEAR 20093 February2009 MARITIME DELIMITATIONIN THE BLACK SEA( )JUDGMENTP resent: PresidentHIGGINS;Vice-PresidentAL-KHASAW NEH;JudgesRANJEVA,SHI,KOROMA,BUERGENTHAL ,OWADA,TOMKA,ABRAHAM,KEITH,SEP LVEDA-AMOR,BENNOUNA,SKOTNIKOV;Judgesad hoc COT,OXMAN; the case concerning maritime delimitation in the Black Sea,betweenRomania,represented Mr. Bogdan Aurescu, Director General, Ministry of Foreign Affairs ofRomania, Lecturer, Faculty of Law, University of Bucharest, President ofthe Romanian Branch of the International Law Association, memberof the Permanent Court of Arbitration,as Agent, Counsel and Advocate ;Mr.

4 Cosmin Dinescu, Director General for Legal Affairs, Ministry of For-eign Affairs of Romania,as Co-Agent, Counsel and Advocate ; Mr. Ca lin Fabian, Ambassador of Romania to the Kingdom of theNetherlands,as Co-Agent ;Mr. James Crawford, , , Whewell Professor of International Law,6220093 FebruaryGeneral ListNo. 1325 University of Cambridge, member of the Institut de droit International ,Barrister,Mr. Vaughan Lowe, , Chichele Professor of International Law, Univer-sity of Oxford, member of the English Bar, associate member of the Insti-tut de droit International ,Mr. Alain Pellet, Professor at the University of Paris Ouest, Nanterre-La D fense, member and former Chairman of the International Law Com-mission, associate member of the Institut de droit International ,as Senior Counsel and Advocates ;Mr.

5 Daniel M ller, Researcher at the Centre de droit International de Nan-terre (CEDIN), University of Paris Ouest, Nanterre-La D fense,Mr. Simon Olleson, member of the English Bar,as Counsel and Advocates ;Mr. Gicu Boros i, Director General, National Agency for Mineral Resources,Mr. Mihai German, Deputy Director General, National Agency for MineralResources, member of the United Nations Commission on the Limits ofthe Continental Shelf,Mr. Eugen Laurian, Counter-Admiral (retired),Mr. Octavian Buzatu, Lieutenant Commander (retired),Mr. Ovidiu Neghiu, Captain, Ministry of Defence of Romania,as Technical and Cartographic Experts ;Mr. Liviu Dumitru, Head of the Borders and Maritime Delimitation Unit,Ministry of Foreign Affairs of Romania,Ms Irina Nit(a , Second Secretary, Legal Adviser, Embassy of Romania in theKingdom of the Netherlands,Ms Catrinel Brumar, Third Secretary, Borders and Maritime DelimitationUnit, Ministry of Foreign Affairs of Romania,Ms Mirela Pascaru, Third Secretary, Borders and Maritime DelimitationUnit, Ministry of Foreign Affairs of Romania,Ms Ioana Preda, Third Secretary, Borders and Maritime Delimitation Unit,Ministry of Foreign Affairs of Romania,Ms Olivia Horvath, Desk Officer, Public Diplomacy Department, Ministryof Foreign Affairs of Romania,as Advisers,andUkraine,represented Mr.)

6 Volodymyr A. Vassylenko, Adviser to the Minister for ForeignAffairs of Ukraine, Ambassador Extraordinary and Plenipotentiary ofUkraine, Professor of International Law, National University of KyivMohyla Academy,as Agent ; Mr. Oleksandr M. Kupchyshyn, Ambassador Extraordinary and Pleni-potentiary of Ukraine, Deputy Foreign Minister of Ukraine,Mr. Volodymyr G. Krokhmal, Director of the Legal and Treaty Departmentof the Ministry of Foreign Affairs of Ukraine,as Co-Agents ;63 MARITIME DELIMITATION(JUDGMENT)6Mr. Rodman R. Bundy,avocat la Cour d appel de Paris, member of theNew York Bar, Eversheds LLP, Paris,Mr. Jean-Pierre Qu neudec, Professor Emeritus of International Law, theUniversity of Paris I (Panth on-Sorbonne),Sir Michael Wood, , member of the English Bar, member of theInternational Law Commission,Ms Loretta Malintoppi,avocat la Cour d appel de Paris, member of theRome Bar, Eversheds LLP, Paris,as Counsel and Advocates ; Mr.

7 Vasyl G. Korzachenko, Ambassador Extraordinary and Pleni-potentiary of Ukraine to the Kingdom of the Netherlands,Mr. Nick Minogue, Solicitor of the Supreme Court of England and Wales,Mr. Oleksii V. Ivaschenko, Acting Head of International Law Division,Legal and Treaty Department of the Ministry of Foreign Affairs ofUkraine,Mr. Maxime O. Kononenko, First Secretary of the Embassy of Ukraine inthe French Republic,Ms Mariana O. Betsa, Second Secretary of the Embassy of Ukraine in theKingdom of the Netherlands,as Legal Advisers ;Mr. Robin Cleverly, , D. Phil, C. Geol., , Law of the Sea Con-sultant, Admiralty Consultancy Services,Major General Borys D. Tregubov, Assistant to the Head of the State Bor-der Protection Service of Ukraine,as Technical Advisers,THECOURT,composed as above,after deliberation,delivers the following Judgment:1.

8 On 16 September 2004 Romania filed in the Registry of the Court anApplication dated 13 September 2004, instituting proceedings against Ukraineconcerning the delimitation of the continental shelf and the exclusive economiczones of Romania and Ukraine in the Black its Application, Romania seeks to found the jurisdiction of the Court onthe provisions of paragraph 4(h)of the Additional Agreement constituted byan exchange of letters of 2 June 1997 between the Ministers for Foreign Affairsof Romania and Ukraine. The Additional Agreement was concluded with ref-erence to Article 2 of the Treaty on the Relations of Good Neighbourliness andCo-operation between Romania and Ukraine, signed on 2 June 1997 (herein-after the Treaty on Good Neighbourliness and Co-operation ).

9 Both instru-ments entered into force on 22 October Pursuant to Article 40, paragraph 2, of the Statute, the Registrar imme-diately communicated a certified copy of the Application to the Government ofUkraine ; and, in accordance with paragraph 3 of that Article, all States entitledto appear before the Court were notified of the Pursuant to the instructions of the Court under Article 43 of the Rules ofCourt, the Registrar addressed to States parties to the United Nations Conven-64 MARITIME DELIMITATION(JUDGMENT)7tion on the Law of the Sea of 10 December 1982 the notifications provided forin Article 63, paragraph 1, of the Statute of the Court . In addition, the Regis-trar addressed to the European Community, which is also party to that Con-vention, the notification provided for in Article 43, paragraph 2, of the Rules ofCourt, as adopted on 29 September 2005, and asked that organization whetheror not it intended to furnish observations under that provision.

10 In response, theRegistrar was informed that the European Community did not intend to sub-mit observations in the Since the Court included upon the Bench no judge of the nationality ofeither of the Parties, each Party proceeded to exercise its right conferred byArticle 31, paragraph 3, of the Statute to choose a judgead hocto sit in thecase. Romania chose Mr. Jean-Pierre Cot and Ukraine Mr. Bernard H. By an Order dated 19 November 2004, the Court fixed 19 August 2005and 19 May 2006, respectively, as the time-limits for the filing of the Memorialof Romania and the Counter-Memorial of Ukraine ; those pleadings were dulyfiled within the time-limits so By an Order of 30 June 2006, the Court authorized the submission of aReply by Romania and a Rejoinder by Ukraine, and fixed 22 December 2006and 15 June 2007 as the respective time-limits for the filing of those Reply of Romania was filed within the time-limits thus fixed.