In International arbitration in the Hague for the hearing of the case on violation of the Russian Federation of the UN Convention on the law of the sea June 11 was Ukrainian day. Representatives of Kiev voiced a complaint to Moscow.
As in other large international trials involving Ukraine and Russia, at the preliminary hearing in the Permanent court of International arbitration court in the Hague a delegation to Kiev headed by Ukrainian Deputy foreign Minister Elena zerkal. On Tuesday, June 11, she took the opportunity to announce in his speech that Ukraine’s arguments proving the violation by Russia of the UN Convention on the law of the sea.
Violation of the law of the sea: the list of claims of Kiev to Moscow
The mirror listed the most significant, according to Kiev, the violation of the Convention by Russia in the Black and Azov seas and the Kerch Strait. In the words mirror, in violation of articles 2, 56th and the 77th Convention of the Russian Federation “plunder Ukrainian resources in the Black sea and does not give Kiev access oil and gas deposits on the Ukrainian shelf”.
Since the spring of 2014, “Russia stole more than 9 billion cubic meters of natural gas,” said the mirror. According to her, this is a blow to the energy autonomy of Ukraine, as it could self-sufficient in natural gas: “the Necessary volume, and it is 5-6 billion cubic meters per year, it would be possible to cover the expense of our deposits in the Black sea”.
Head of the Ukrainian delegation also told the court that Russia is destroying the traditional way of life of the Ukrainian fishermen: “They just squeezed out of the places in which they have fished for centuries. As a result, significantly decreased the Ukrainian annual catch (fish. – Ed.)”.
Zerkal noted that in violation of numerous provisions of the Convention and without any legal justification is wrongful Russia built a bridge across an international Strait, to prevent the courts of all countries, bound for Ukrainian ports, and plunder energy resources, which together constitutes a violation of international Maritime law.
The positions of Russia and Ukraine to protect the lawyers of world renown
In total, the speech of the head of the Ukrainian delegation lasted about 30 minutes. After that, the word argument has received so-called advisers from the Ukrainian side, in order to tell you how Russia is violating the UN Convention on the law of the sea adopted in 1982.
Kiev has attracted eminent international lawyers who need to justify consideration of the claim of Ukraine in International arbitration court. Among them, in particular, the American Professor Harold CoE, a former chief lawyer of the U.S. state Department during the presidency of Barack Obama.
June 14 will be the last day of hearings, after which the court will take a break for weighing arguments of the parties and decision on the possibility of consideration of this case. On June 10, as part of the beginning of the preliminary hearings on its position expressed by the Russian side. Her argument boiled down to the fact that the process can not take place on a formal basis.
According to representatives of the Russian Federation, the jurisdiction of the International court of arbitration in this case does not apply since the claim of Ukraine concerns not only the UN Convention on the law of the sea, but also ownership of the Crimea. It should be noted that a team of Russian advisors include highly respected lawyers from around the world.
The debate behind closed doors
Further debate, including the speeches of councillors held behind closed doors. On this, as reported by DW representatives of the court, insisted the Russian side. In addition, it is still forbidden to disclose the Memorandum, listing the violations of Russia, which Ukraine handed over to the court in February 2018. Only after the court confirms its jurisdiction in this matter and will begin its consideration on the merits, the public will be able to see the Memorandum.
What caused such secrecy, to find out from the Russian side has failed, its representatives, unlike members of the Ukrainian delegation refused to comment to journalists on the sidelines. Preliminary hearings have not attracted much interest from the Russian media. Occasionally the journalists of news agencies of the Russian Federation appeared in the press-centre of the arbitral Tribunal.
Recall that the international court of arbitration in the Hague in late February of 2019 has decided in favor of the NJSC “Naftogaz of Ukraine” for his claim to Moscow, stating that Russia is the bilateral agreement on mutual protection of investments between Ukraine and Russia responsible for the illegal seizure of assets of “Naftogaz” in the Crimea. Now the court is engaged in calculation of losses caused by expropriation of these assets.
According to experts, observing the current preliminary hearings, the court is likely to confirm its jurisdiction and will consider the merits of the case. So did the international sea Tribunal in Hamburg, which at the end of may, confirmed its jurisdiction in the case of the detention by Russia in the Kerch Strait three Ukrainian ships and arrest their crew. The process involved three judges who are engaged in preliminary hearings in the Hague, including the presiding judge at both trials, the Korean judge, Park Jin-Hoon.