THE HAGUE (Realist English). The Permanent Court of Arbitration (PCA) in The Hague has issued its final ruling in a decade-long dispute between Russia and Ukraine over the rights of a coastal state in the Kerch Strait, the Sea of Azov, and Black Sea waters surrounding Crimea.
The tribunal, composed of five independent arbitrators from Algeria, the United Kingdom, Mexico, Russia, and the Republic of Korea, unanimously rejected Ukraine’s key claims, finding them unfounded.
Complete Defeat for Ukraine
The Russian Foreign Ministry called the ruling “a convincing victory for the Russian Federation,” noting that Ukraine’s numerous allegations — that Russia violated dozens of articles of the UN Convention on the Law of the Sea — were dismissed.
The tribunal refused to grant Kyiv control over hydrocarbon, fish and other resources in the waters off Crimea and the Azov region, as well as any “compensation” or “reparations” from Russia for their use.
Kerch Strait and Sea of Azov Recognized as Internal Russian Waters
For the first time in history, the ruling legally enshrines the status of the Kerch Strait and the Sea of Azov as internal waters forming part of Russia’s sovereign state territory. This rejects Ukraine’s demand — backed by the West — to declare the Kerch Strait “international” with the right of free passage for vessels of any state, including warships.
The tribunal also rejected Kyiv’s attempt to have Russia’s proclamation of sovereignty over the entire Sea of Azov after the Donbas, Zaporozhye and Kherson regions joined Russia recognized as a violation of international law.
The ruling does not prevent Russia from exercising its sovereignty, sovereign rights and jurisdiction in the maritime spaces adjacent to the Crimean peninsula, the Sea of Azov and the Azov-Kerch water area.
Crimean Bridge: Absurd Demand Rejected
The court found Ukraine’s claims that the Crimean Bridge impeded navigation to be unsubstantiated. Accordingly, the “absurd and cynical demand” to dismantle the bridge was rejected.
The tribunal recognized that the construction of the bridge, the transfer of floating drilling platforms to Russian jurisdiction, and the inspection of vessels by Russian border guards in the Kerch Strait do not violate the UN Convention on the Law of the Sea.
Furthermore, the temporary restrictions on the passage of foreign state vessels and warships in several areas of the Black Sea introduced by Russia from April to October 2021 were found to be fully consistent with the convention and justified.
Environment and the Tribunal’s ‘Gesture’
All Ukrainian allegations of environmental damage were found to be unsubstantiated. The tribunal confirmed that Russia has an effective environmental monitoring system.
The only point on which the court made a symbolic remark in Ukraine’s favor concerned the environmental impact assessment (EIA) procedure during the construction of the Crimean Bridge, the power bridge and the gas pipeline.
According to the tribunal, the environmental assessment was conducted in an overly short time and did not cover all four seasons, and its results were not properly published. However, it also noted that Ukraine itself had failed to comply with its obligations for international cooperation in the protection of the marine environment.
The ruling emphasizes that the accelerated EIA timeline was necessitated by the humanitarian need to supply the two‑million population of Crimea with vital resources amid a total blockade of the peninsula by Ukraine. At the same time, Russia’s assessment proved correct: the construction did not harm nature.
The tribunal limited itself to a declaratory finding, ordering no actual remedies. As stated in Section IX, paragraph 1281 of the ruling: “…having granted [this] declaratory relief, there is no need to order cessation of the acts, assurances or guarantees of non‑repetition or reparation.”
Legal Victory for Russia
“This arbitration ruling is a sensitive defeat for Ukraine and the West in the ‘legal war’ they have unleashed against Russia,” the Russian Foreign Ministry said. The Russian side expressed satisfaction with the outcome.
The tribunal also confirmed that the construction of the Crimean Bridge, the transfer of floating drilling platforms to Russian jurisdiction, and the inspection of vessels by Russian border guards do not violate the UN Convention on the Law of the Sea.
