The World Court case of Romania v. Ukraine

Claudia Tofan (ed.)
Pages: pages
Shipping Weight: 2500 gram
Published: 12-2009
Publisher: WLP
Language: US
ISBN (softcover) : 9789058870094

Product Description

Delimitation of the continental shelf and exclusive economic zones in the northern part of the western basin of the Black Sea was the subject of a long process of negotiations, conducted during 1967-1987, between Romania and the Union of Soviet Socialist Republics, but the two sides never reached an agreement. After the disintegration of the USSR, this issue has been addressed in relation to the Ukrainianparty. On 2 June 1997 was signed, in Constanta, the Treaty on goodneighborly relations and cooperation between Romania and Ukraine (Primary Political Treaty). Also on this occasion, was signed the Treaty attached to the Primary Political Treaty, concluded by exchange of letters between the foreign affairs ministers of both countries. This last document contains provisions concerning the obligation of parties tobegin negotiations in order to conclude a Treaty concerning the state border and of an Agreement on delimitation of continental shelf and exclusive economic zones of Romania and Ukraine in the Black Sea.However, the attached agreement contains a set of principles according to which the two sides agreed to carry out the demarcation. At the same time, the above-mentioned document included a clause that provides for the possibility of a compromise for any party to unilaterally inform the International Court of Justice in The Hague for settlement of maritime delimitation space.The use of the ICJ jurisdiction presents the advantage to guarantee the delivery of an equitable solution which is fully consistent with the international law.

The International Court of Justice, the primary judicial organ of the United Nations, possesses a special expertise regarding the delimitation of maritime spaces. The competence of the Court Members, their integrity beyond doubt, and the IJC special expertise in resolving such disputes are genuine safeguards in this respect. Proceedings before the Court, that aim the solving of the delimitation of continental shelf and exclusive economic zones of Romania and Ukraine in the Black Sea, are in the phase of the deliberations, which began immediately after completion, on 19 September 2008, of the oral phase of the proceedings . Subsequent to the deliberation of the Court there will be the delivery of the judgment, which will have decisive character, binding and enforceable for the parties. According to the practice until now of the IJC, the delivery of a judgment, in a case submitted to settlement, is carried out within a period of 3 to 6 months after the completion of the oral arguments, depending on the complexity of the case.

The World Court case of Romania v. Ukraine part 1 ISBN 978-90-5887-009-4
The World Court case of Romania v. Ukraine part 2 ISBN 978-90-5887-009-4
The World Court case of Romania v. Ukraine part 3 ISBN 978-90-5887-009-4
The World Court case of Romania v. Ukraine part 4 ISBN 978-90-5887-009-4