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Maritime delimitation between Romania and Ukraine


Case concerning maritime delimitation in the Black Sea (Romania v Ukraine) [2009] ICJ 3 is a decision of the International Court of Justice. On September 16, 2004, Romania brought its case to the court after unsuccessful bilateral negotiations. On February 3, 2009 the court handed down its verdict, established a maritime boundary including the continental shelf and exclusive economic zones for Romania and Ukraine.

In 1997, Romania and Ukraine signed a treaty in which both states "reaffirm that the existing border between them is inviolable and therefore, they shall refrain, now and in future, from any attempt against the border, as well as from any demand, or act of, seizure and usurpation of part or all the territory of the Contracting Party". Both sides agreed that if no resolution on maritime borders could be reached within two years, either side could seek a final ruling from the International Court of Justice. Ten million tonnes of oil and a billion cubic meters of natural gas deposits were discovered under the seabed nearby.

BP and Royal Dutch/Shell signed prospect contracts with Ukraine, and Total contracted with Romania. The Austrian OMV (owner of Romania's largest oil company, Petrom) signed a contract with Naftogas of Ukraine and Chornomornaftogaz to participate in an auction of concession rights to the area.

Due to its location, Snake Island affects the maritime boundary between the two countries. If Snake Island is an island, its continental shelf area would be considered Ukrainian waters. If it is an islet, in accordance with international law the maritime boundary between Romania and Ukraine would not take it into consideration. Romania claimed that Ukraine was developing Snake Island to prove it was an island, rather than an islet.


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