INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org
Press Release
Unofficial
No. 2004/31
16 September 2004
Romania brings a case against Ukraine to the Court in a dispute concerning
the maritime boundary between the two States in the Black Sea
THE HAGUE, 16 September 2004. Romania today brought a case against Ukraine to the
International Court of Justice (ICJ), principal judi cial organ of the United Nations, in a dispute the
subject of which is described in the Applica tion as “concern[ing] the establishment of a single
maritime boundary between the two States in the Black Sea, thereby delimiting the continental
shelf and the exclusive economic zones appertaining to them”.
In its Application Romania explains that, “following a complex process of negotiations”,
Ukraine and itself signed on 2 June 1997 a Treaty on Relations of Co-operation and
Good-Neighborliness, and conclude d an Additional Agreement by exchange of letters between
their respective Ministers for Foreign Affairs. Both instruments entered into force on
22October1997. By these agreements, “the tw o States assumed the obligation to conclude a
Treaty on the State Border Regime between them, as well as an Agreement for the delimitation of
the continental shelf and the exclusive economic zon es... in the Black Sea”. At the same time,
“the Additional Agreement provided for the principles to be applied in the delimitation of the
above-mentioned areas, and set out the commitment of the two countries that the dispute could be
submitted to the ICJ, subject to the fulfilmentof certain conditions”. Between 1998 and 2004,
24 rounds of negotiations were held. However, according to Romania, “no result was obtained and
an agreed delimitation of the maritime areas in the Black Sea was not accomplished”. Romania
now brings the matter before the Court “in order to avoid the indefinite prolongation of discussions
that, in [its] opinion, obviously cannot lead to any outcome”.
Romania requests the Court “to draw in accordan ce with international law, and specifically
the criteria laid down in Article 4 of the Additional Agreement, a single maritime boundary
between the continental shelf and the exclusive economic zone of the two States in the Black Sea”.
As a basis for the Court’s jurisd iction Romania invokes Article4(h) of the Additional
Agreement, which provides :
“If these negotiations [referred to above ] shall not determine the conclusion of
the above-mentioned agreement [on the delim itation of the continental shelf and the
exclusive economic zones in the Black Sea] in a reasonable period of time, but not
later than 2 years since their initiation, the Government of Romania and the
Government of Ukraine have agreed that the problem of delimitation of the
continental shelf and the exclusive ec onomic zones shall be solved by the
UN International Court of Justice, at the request of any of the parties, provided that the
Treaty on the regime of the State border between Romania and Ukraine has entered - 2 -
into force. However, should the Internationa l Court of Justice consider that the delay
of the entering into force of the Treaty on the regime of the State border is the result of
the other Party’s fault, it may examine the request concerning the delimitation of the
continental shelf and the exclusive economic zones before the entering into force of
this Treaty”.
Romania contends that the two conditions set out in Article4(h) of the Additional
Agreement have been fulfilled, since the negotia tions have by far exceeded two years and the
Treaty on the Romanian-Ukrainian State Border Regime entered into force on 27 May 2004.
In its Application Romania further provides an overview of the applicable law for solving
the dispute, citing a number of provisions of the Additional Agreement of 1997, as well as the
1982 Montego Bay United Nations Convention on the Law of the Sea, to which both Ukraine and
itself are parties, together with other relevant instruments binding the two countries.
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The full text of Romania’s Application will be available shortly on the Court’s website
(http://www.icj-cij.org).
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Information Department:
Mr. Arthur Witteveen, First Secretary of the Court (+31 (0)70 302 2336)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (+31 (0)70 302 2337)
E-mail address: [email protected]
Romania brings a case against Ukraine to the Court in a dispute concerning the maritime boundary between the two States in the Black Sea