scholarly journals Problems of delimitation of the Sea of Azov and the Kerch Strait

Author(s):  
Iryna Panchenko

The article gradually considers the negotiation process between Ukraine and the Russian Federation on the delimitation of theSea of Azov and the Kerch Strait from 1991 to the present. It was established that according to the map of the inter-republican borderbetween the Ukrainian SSR and the Russian SSR, and according to the division of maritime waters on the basis of international law,Russia should get a smaller part of the Sea of Azov. That is why Russia was not interested in the rapid establishment of a state borderon water. It was advantageous for Russia to delay the negotiation process on this issue and use the Sea of Azov on the same terms asbefore the collapse of the USSR.The article also focuses on numerous attempts of Ukrainian diplomats to achieve legal certainty in the delimitation of the Sea ofAzov and the Kerch Strait. A total of 36 rounds of border talks about the Sea of Azov and the Kerch Strait, held from 1996 to 2012under the leadership of the Ministry of Foreign Affairs of Ukraine, showed that Russia was ready to delimit the Sea of Azov only onits own terms but not on the basis of international maritime law.After the annexation of Crimea, a new round of relations begins regarding the division of the Black Sea. Russia acted quicklyand in March 2014 announced a tender for a construction project of a bridge that would connect mainland Russia and the CrimeanPeninsula, which at that time had already been illegally incorporated into the Russian Federation. Moscow has stated that the KerchStrait should be fully controlled by them, as both shores are Russian.In 2016, Ukraine filed a lawsuit against Russia in the Hague Arbitration Court for breaking the UN Convention on the Law ofthe Sea in the Black and Azov Seas and in the Kerch Strait. For today we don’t know what decision will be made by the Hague tribunal,but there is reason to believe that the chances for winning of Ukraine are high.The problem of the Sea of Azov and the Kerch Strait has no simple solution. For today the only option is to wait for a decisionof the Arbitration Tribunal. Only on its basis Ukraine will be able to achieve the best strategy of the relations with Russia on the delimitationthe Sea of Azov and the Kerch Strait.

Author(s):  
Iryna Panchenko

The article gradually considers the negotiation process between Ukraine and the Russian Federation on the delimitation of theSea of Azov and the Kerch Strait from 1991 to the present. It was established that according to the map of the inter-republican borderbetween the Ukrainian SSR and the Russian SSR, and according to the division of maritime waters on the basis of international law,Russia should get a smaller part of the Sea of Azov. That is why Russia was not interested in the rapid establishment of a state borderon water. It was advantageous for Russia to delay the negotiation process on this issue and use the Sea of Azov on the same terms asbefore the collapse of the USSR.The article also focuses on numerous attempts of Ukrainian diplomats to achieve legal certainty in the delimitation of the Sea ofAzov and the Kerch Strait. A total of 36 rounds of border talks about the Sea of Azov and the Kerch Strait, held from 1996 to 2012under the leadership of the Ministry of Foreign Affairs of Ukraine, showed that Russia was ready to delimit the Sea of Azov only onits own terms but not on the basis of international maritime law.After the annexation of Crimea, a new round of relations begins regarding the division of the Black Sea. Russia acted quicklyand in March 2014 announced a tender for a construction project of a bridge that would connect mainland Russia and the CrimeanPeninsula, which at that time had already been illegally incorporated into the Russian Federation. Moscow has stated that the KerchStrait should be fully controlled by them, as both shores are Russian.In 2016, Ukraine filed a lawsuit against Russia in the Hague Arbitration Court for breaking the UN Convention on the Law ofthe Sea in the Black and Azov Seas and in the Kerch Strait. For today we don’t know what decision will be made by the Hague tribunal,but there is reason to believe that the chances for winning of Ukraine are high.The problem of the Sea of Azov and the Kerch Strait has no simple solution. For today the only option is to wait for a decisionof the Arbitration Tribunal. Only on its basis Ukraine will be able to achieve the best strategy of the relations with Russia on the delimitationthe Sea of Azov and the Kerch Strait.


2021 ◽  
Vol 46 (3-4) ◽  
pp. 400-415
Author(s):  
Valentin Johannes Schatz

Abstract On 21 February 2020, the arbitral tribunal constituted under Annex vii of the United Nations Convention on the Law of the Sea (unclos) in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) rendered its award concerning preliminary objections. This comment focuses on the arbitral tribunal’s findings concerning Russia’s two most important and far-reaching objections, both of which concern jurisdiction ratione materiae. First, it argues that the arbitral tribunal convincingly declined jurisdiction over those of Ukraine’s claims, which would have required the arbitral tribunal to decide the dispute between Ukraine and Russia concerning sovereignty over Crimea. Second, this comment analyzes the arbitral tribunal’s conclusion that the parties’ dispute concerning the status of the Sea of Azov and Kerch Strait was not of an exclusively preliminary character and must, therefore, be reserved for the proceedings on the merits.


2021 ◽  
Author(s):  
Roman Sedakov ◽  
Barnier Bernard ◽  
Jean-Marc Molines ◽  
Anastasiya Mershavka

<p>The Sea of Azov is a small, shallow, and freshened sea that receives a large freshwater discharge. Under certain external forcing conditions brackish water from the Sea of Azov flow into the north-eastern part of the Black Sea through the narrow Kerch Strait and form a surface-advected buoyant plume. Water flow in the Kerch Strait also regularly occurs in the opposite direction, which results in the spreading of an advected plume of saline and dense water from the Black Sea into the Sea of Azov. Using a regional Black Sea Azov Sea model based on NEMO we study physical mechanisms that govern water exchange through the Kerch Strait and analyze the dependence of its direction and intensity on external forcing conditions. We show that water exchange in the Kerch Strait is governed by a wind-induced barotropic pressure gradient. Water flow through the shallow and narrow Kerch Strait is a one-way process for the majority of the time. Outflow from the Sea of Azov to the Black Sea is induced by moderate and strong northerly winds, while flow into the Sea of Azov from the Black Sea is induced by southerly winds. The direction and intensity of water exchange have wind-governed synoptic and seasonal variability, and they do not depend on the variability of river discharge rate to the Sea of Azov on an intraannual timescale.</p>


Ocean Science ◽  
2020 ◽  
Vol 16 (1) ◽  
pp. 15-30 ◽  
Author(s):  
Ivan Zavialov ◽  
Alexander Osadchiev ◽  
Roman Sedakov ◽  
Bernard Barnier ◽  
Jean-Marc Molines ◽  
...  

Abstract. The Sea of Azov is a small, shallow, and freshened sea that receives a large freshwater discharge. Under certain external forcing conditions low-salinity waters from the Sea of Azov flow into the north-eastern part of the Black Sea through the narrow Kerch Strait and form a surface-advected buoyant plume. Water flow in the Kerch Strait also regularly occurs in the opposite direction, which results in the spreading of a bottom-advected plume of saline and dense waters from the Black Sea into the Sea of Azov. In this study we focus on the physical mechanisms that govern water exchange through the Kerch Strait and analyse the dependence of its direction and intensity on external forcing conditions. Analysis of satellite imagery, wind data, and numerical modelling shows that water exchange in the Kerch Strait is governed by a wind-induced barotropic pressure gradient. Water flow through the shallow and narrow Kerch Strait is a one-way process for the majority of the time. Outflow from the Sea of Azov to the Black Sea is induced by moderate and strong north-easterly winds, while flow into the Sea of Azov from the Black Sea occurs during wind relaxation periods. The direction and intensity of water exchange have wind-governed synoptic and seasonal variability, and they do not depend on the rate of river discharge to the Sea of Azov on an intra-annual timescale. The analysed data reveal dependencies between wind forcing conditions and spatial characteristics of the buoyant plume formed by the outflow from the Sea of Azov.


Author(s):  
Boris N. Panov ◽  
Elena O. Spiridonova ◽  
Michail M. Pyatinskiy ◽  
Aleksandr S. Arutyunyan

The paper presents the results of monitoring the process of migration and fishing of the Azov khamsa in April-May and October-November, 2019. The research used daily maps of sea surface temperature (SST) of the Black and Azov seas, built in the hydrometeorological Center of Russia according to NCDC/NOAA (Operational module Yessim - hmc.meteorf.ru/sea/black/sst/sst_black.htm) and daily fishing information of the Center for Monitoring of Fisheries and Communications. It is shown that in the spring, khamsa clusters begin to disperse and move to feeding places after the water temperature reaches 11 °C, and at a water temperature of 14-15 °C, the fish becomes much more mobile and the clusters finally disperse. In autumn, the Azov khamsa began to concentrate in the pre-flood zone of the Sea of Azov at an average SST of 16-17 °C, with a SST of 14-16 °C, the khamsa went out into the Kerch Strait. The active output of the khamsa into the Black Sea began at the SST of the pre-flood zone of 15 °C and almost stopped at the SST of about 13 °C. The average SST in the Kerch Strait dropped to 11 °C these days.


2019 ◽  
Author(s):  
Ivan Zavialov ◽  
Alexander Osadchiev

Abstract. The Sea of Azov is a small, shallow and freshened sea that receives a large freshwater discharge and, therefore, can be regarded as a large river estuary. Under certain external forcing conditions low-saline waters from the Sea of Azov inflow to the northeastern part of the Black Sea through the narrow Kerch Strait and form a surface-advected buoyant plume. Water flow in the Kerch Strait also regularly occurs in the opposite direction, which results in spreading of a bottom-advected plume of saline and dense waters from the Black Sea in the Sea of Azov. In this study we focus on physical mechanisms that govern water exchange through the Kerch Strait, analyse dependence of its direction and intensity on external forcing conditions. Based on ocean color satellite imagery and wind reanalysis data, we show that water transport from the Sea of Azov to the Black Sea is induced by moderate and strong northeastern winds, while water transport in the opposite direction occurs during wind relaxation periods. Thus, direction and intensity of water exchange through the Kerch Strait has wind-govern synoptic and seasonal variability, and do not show dependence on river discharge rate to the Sea of Azov on intra-annual time scale. Finally, we determined numerical dependencies between discharge rate from the Sea of Azov to the Black Sea and spatial characteristics of the related surface-advected plume in the Black Sea, on the one hand, and wind forcing conditions, on the other hand.


2018 ◽  
Vol 33 (3) ◽  
pp. 614-622
Author(s):  
Robert G. Volterra ◽  
Giorgio F. Mandelli ◽  
Álvaro Nistal

Abstract The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait between Ukraine and the Russian Federation probably will reactivate the debate regarding whether and to what extent tribunals constituted under the United Nations Convention on the Law of the Sea have jurisdiction to decide law of the sea disputes involving concurrent land sovereignty issues. The tribunal’s characterisation of the dispute likely will have a significant impact on its decision on jurisdiction. Although the tribunal might apply its own test to define the dispute, the awards on jurisdiction in the Chagos Marine Protected Area Arbitration and in The South China Sea Arbitration offer useful guidance on the key components that might influence that characterisation.


2020 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
Michelle Viandy Huang

On 23th November 2018, the Federal Security Service of the Russian Federation ("FSB") destroyed and captured three of Ukrainian Military Vessel, as well as detaining 24 of its personnels. As the dispute continues, Ukraine raised this matter to the International Tribunals on Law of The Sea (“ITLOS”), requesting a provisional measure pursuant to Article 280 paragraph 5 UNCLOS to release the vessels and personnels detained. ITLOS has made its order on 25th May 2019, ruling that Russia must release the detainee and return the vessels immediately to Ukraine. However, Russia refused to enforce the order and denied ITLOS jurisdiction over this matter due to the involvement of military aspect in the incident. Therefore, this paper provides an answer to the questions whether Russia’s act constitutes a violation to international law and whether ITLOS has the jurisdiction over the dispute.


2021 ◽  
Author(s):  
Peter Zavialov

<p>It is well-known that the shallow Sea of Azov can be thought of as a large estuary receiving discharges from the Don and the Kuban rivers, therefore, the flow through the Kerch Strait towards the Black Sea usually carries a variety of pollutants. However, the flux of plastic waste through the Strait has never been quantified. In situ measurements and sampling of microplastic debris and floating plastic litter in the Kerch Strait were conducted by a team from Shirshov Institute of Oceanology on July 16-18, 2020, along with CTD and ADCP profiling in the cross-section of the strait. The microplastic debris were sampled using a 0.3 mm mesh size Manta trawl net towed behind the R/V "Peleng" cruising at 4 kts and taking material from the upper 1 m of the water column. As a result, a large set of plastic particles, fibers and films were collected. All sampled items were measured, weighted, and sorted by composition using Micro NIR 1700 spectrometer instrument. The particle sizes ranged from 0.4 to 25.0 mm and weights varied between 0.05 and 7.72 mg. With respect to the chemical composition, about 63% of the collected particles were udentified as HDPE (high-densuty polyethylene), 21% as PP (polypropylene), 5% as PET (polyethylene terephthalate), 4% as PA (polyamide), 4% as PC (polycarbonate), and 3% as all other types of plastic. The content of visually identifiable plastic litter in the Kerch Strait varied between about 10 and 200 pieces per km<sup>2</sup>, with the average value close to 100 pieces/km<sup>2</sup>. However, the distribution was far from homogeneous – the litter was mainly concentrated in the western part of the Strait, where the principal stream carrying the Sea of Azov water into the Black Sea is usually localized. The newly obtained data of plastic litter concentration together with the current velocity data collected in ADCP profiling enabled us to estimate for the first time the flux of plastic through the Kerch Strait from the Sea of Azov into the Black Sea. This can be done by simply multiplying the plastic concentration by the velocity and then integrating it over the cross-section of the Strait. This procedure yields an estimate of 14,700 major pieces of plastic such as bottles, bags, etc., passing through the Strait per day. Assuming the average weight of a plastic litter piece 15 g , this leads to 220 kg/day, or about 9 kg/hour. This is quite a considerable mass of plastic, although it is about 20 times smaller than the amount brought to the Black Sea by the Danube according to [Lechner et al., 2014]. It must be kept in mind, however, that our estimate for the Kerch Strait is based on instantaneous one-time measurements, and may not represent long-term average values.</p><p>The studies described in this presentation represent the Russian contribution to the PLUMPLAS Project within STI BRICS cooperative initiative, implemented through the Russian Basic Research Foundation grant 19-55-80004.</p>


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