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November 30, 2018 www.intellinews.com I Page 3
The Ukrainian Navy argued that the Russian coast guard carried out “acts of aggression” against Ukraine’s ships that “were engaged in planned relocation from the port of Odesa to the port
of Mariupol of the Sea of Azov,” it said, reports Interfax Ukraine.
"Today, November 25, the Ukrainian Navy's two small armoured artillery boats and a tugboat were carrying out a planned transfer from the port of Odesa to the port of Mariupol of the Sea of Azov. Notification about transfer plans was performed in advance in accordance with international
rules to ensure the safety of shipping. However, contrary to the UN Convention on the Law of
the Sea and the Treaty between Ukraine and the Russian Federation on Cooperation in the Use
of the Sea of Azov and the Kerch Strait, Russian ships – Sobol class patrol boats, the Don coast guard ship, Mangust-class patrol boats, and the Suzdalets corvette – carried out openly aggressive actions against the ships of the Ukrainian Navy," the Ukrainian Navy said in a statement on Facebook on the morning of November 25, as cited by Interfax Ukraine.
The Russian press reported that Ukraine’s ships had turned off their transponders, making them invisible to radar.
"They are not seen, they are not providing information to the centre for control of maritime traffic,” the transport authorities of the South Federal District said.
Legal status
Who controls the water around Crimea is clearly in dispute, as neither Ukraine nor the international community acknowledge Russia’s right to be in Crimea following its annexation in 2014.
Ukraine has clear rights to the northwestern corner of the Sea of Azov as international maritime law gives sovereign rights to the first 10km into a sea from a country’s coast. As the Sea of Azov is a sea then usually after this the coastal
band further out would be international waters that are shared by all nations, but as the “sea”
is so small, the Ukrainian sovereign controlled waters go up to the Russian section and there is a border in the middle of the sea between the two countries.
The maritime border between Ukraine and Russia is in theory clear and governed by the Treaty
on the Legal Status of the Sea of Azov and the Kerch Strait, that was signed in 2003 by the two countries. The two parties at that time agreed on the joint usage and protection of the Sea of Azov and the Kerch Strait and introduced restrictions for vessels of third countries.
What confuses the issue is Russia’s annexation of Crimea, as in practice this means the entire Kerch straights are – as far as Russia is concerned
– Russian territorial waters. This gives Russia
– from the Russian perspective – the right to control the Kerch straights and close them off to Ukrainian shipping. From the Ukrainian perspective, its shipping is guaranteed a right of passage by the 2003 agreement.
Technically a navy blockade is an act of war, however, the Russians will claim that they have a sovereign right to close access to their territorial waters if they choose. The issue will turn on
the legitimacy of Russia’s claim to Crimea – something Russia will insist on, but, which no one else in the international community will acknowledge.
The ports on the Sea of Azov are crucial to Ukraine as they serve much of its heavy industry that is in the hinterland including the war ravaged Donbas region, which is currently under the control of Moscow-backed separatists. However, Ukraine continues to earn significant export revenues from metal exports that are shipped via the ports in the Sea of Azov.
G20 curtain raiser
Tensions in the Sea of Azov have been growing steadily all year as it is a new front that has