APPLICATION OF INTERNATIONAL MARITIME LAW IN THE BLACK SEA IN THE CONTEXT OF THE ARMED CONFLICT IN UKRAINE

Authors

DOI:

https://doi.org/10.32999/ksu2307-8049/2025-3-15

Keywords:

freedom of navigation, naval blockade, mine threat, grain corridors, maritime humanitarian corridors, international state responsibility

Abstract

Objective. The article is dedicated to a comprehensive analysis of the international legal status of the Black Sea and the consequences of the Russian Federation's armed aggression against Ukraine in the maritime domain. Particular attention is paid to issues of freedom of navigation, the regime of semi-enclosed seas, illegal port blockades, mine threats, the functioning of the "grain corridors," as well as the role of international organizations and judicial institutions in ensuring the supremacy of international maritime law. Methods. The study employs general scientific and specialized legal methods, including systemic and comparative analysis, a historical-legal approach, formal-legal interpretation, and analysis of international judicial practice (ITLOS, UNCLOS arbitration, International Court of Justice). The application of a comprehensive approach allowed for identifying the interrelation between the norms of universal maritime law and specific treaty regimes, as well as detecting gaps in contemporary international regulation. Results. It has been established that the Russian Federation's aggression in the Black Sea is accompanied by systematic violations of international maritime and humanitarian law, including illegal port blockades, attacks on civilian vessels, mining of maritime areas, and annexation of maritime spaces. The study demonstrates that international law remains an effective instrument even under crisis conditions: examples such as the "grain agreement," ITLOS decisions, and EU sanctions confirm the capacity of international structures to maintain the rule of law. The use of international judicial mechanisms by Ukraine to protect its maritime rights and to build an evidentiary basis for future responsibility of the Russian Federation has been analyzed. Conclusions. The analysis of the situation in the Black Sea indicates the need to enhance the effectiveness of international maritime law in crisis conditions. Challenges related to blockades, mine threats, and restrictions on freedom of navigation require the development of effective international legal mechanisms capable of ensuring proper implementation of maritime law norms. The experience of the "grain corridors" has demonstrated the feasibility of creating innovative legal mechanisms in wartime. The role of international organizations and judicial institutions is crucial for preserving the rule of law, while Ukraine’s strategy confirms that legal measures remain an effective means of protecting national interests even during armed aggression.

Published

2025-10-01

Issue

Section

SECTION 7 INTERNATIONAL LAW; EU LAW; COMPARATIVE JURISPRUDENCE