Maritime Delimitation in the Black Sea (Romania v. Ukraine) - Court to deliver its Judgment on Tuesday 3 February 2009 at 10 a.m.

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. 2009/2
16 January 2009

Maritime Delimitation in the Black Sea (Romania v. Ukraine)

Court to deliver its Judgment on Tuesday 3 February 2009 at 10 a.m.

THE HAGUE, 16January2009. On Tuesday 3 February2009, the International Court of
Justice (ICJ), the principal judicial organ of th e United Nations, will deliver its Judgment in the
case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine).

A public sitting will take place at 10 a.m. at the Peace Palace in The Hague, during which the
President of the Court, Judge Rosalyn Higgins, will read the Court’s Judgment.

History of the proceedings

On 16September2004, Romania filed an Application instituting proceedings against
Ukraine in respect of a dispute “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 states that on 2June1997
Ukraine and itself signed a Treaty on Relations of Co-operation and Good-Neighbourliness, as well

as an Additional Agreement, by which the two States committed themselves to finding agreement
on the above-mentioned matters. Both instru ments entered into force on 22October1997.
Romania contends that negotiations held since 1998 have been inconclusive.

As a basis for the Court’s jurisd iction Romania invokes Article4(h) of the Additional
Agreement, which provides inter alia that the dispute be brought to the International Court of

Justice at the request of any of the Parties if unresolved in a reasonable period of time, not later
than two years after the initiation of the negotiations.

Romania filed its Memorial and Ukraine its Counter-Memorial within the time-limits thus
fixed by the Court by an Order of 19November 2004. By an Order of 30June2006, the Court

authorized the filing of a Reply by Romania and a Rejoinder by Ukraine and fixed time-limits for
the filing of these pleadings. Romania filed its Reply within the time-limit thus fixed. By an Order
of 8 June2007, the Court extended the time-limit for the filing of the Rejoinder by Ukraine. The
Rejoinder was duly filed within the time-limit thus extended. Public hearings were held in the case
from 2 to 19 September 2008 (see Press Release No. 2008/29). - 2 -

The Parties disagree on the course of the ma ritime boundary to be established, and in
particular on the role in this respect of Serpen ts’ Island (a maritime feature situated in the

north-western part of the Black Sea, approximately 20 nautical miles east of the Danube delta).

Since the Court included upon the Bench no judge of the nationality of either of the Parties,
each Party proceeded to exercise its right conferred by Article31, paragraph3, of the Statute to

choose a judge ad hoc to sit on the case. Romania chose Mr . Jean-Pierre Cot (France) and Ukraine
chose Mr. Bernard H. Oxman (United States of America).

*

NOTE TO THE PRESS AND PUBLIC

1. The public sitting will be held in the Gr eat Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are permitted in the courtroom provided

they are switched off. Any offending device will be temporarily retained.

2. Media representatives are subject to an accreditation procedure, the details of which
can be found in Media Advisory 2009/a attached to this Press Release.

3. Individual visitors (with the exception of members of the Diplomatic Corps) and groups
are subject to an admission procedur e. They are kindly requested to give advance notification of

their attendance by filling out the relevant form on the C ourt’s website (to the right of the screen
under Calendar, click on “Attending a Hearing”, then under “Admission for individuals” or
“Admission for groups”, click on “Online Application Form”).

4. At the end of the sitting, a Press Release, a summary of the Judgment and the full text of
the Judgment will be distributed. All of these docum ents will be made available at the same time
on the Court’s website.

___________

Information Department:

Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)

Mrs. Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)