Ukraine asks Hague tribunal to order Russia to dismantle Kerch Bridge

Ukraine has urged the Hague Arbitral Tribunal, which is considering the case of Russia's violation of the UN Convention on the Law of the Sea, to order Russia to dismantle the illegally constructed Kerch Bridge. Source: European Pravda with reference to Ukrinform, citing a speech by Ukraine's Co-Agent [deputy legal representative] Oksana Zolotariova during the hearings Quote from Zolotariova: "It is Russia that unlawfully built this bridge, and now it needs to remove it to enable passage through the Kerch Strait consistent with international law.  Russia should do so in conformity with its other UNCLOS [United Nations Convention on the Law of the Sea] obligations to protect the marine environment and underwater cultural heritage."

Details: Zolotariova said dismantling the bridge is the only way to restore passage for vessels of all nations that have used the strait in the past and for future maritime traffic.

"We ask this Tribunal to tell Russia that 'enough is enough'. We ask that you give meaning to the Law of the Sea Convention. We ask that you uphold the legal rules of the world oceans that were drafted to protect the common interests of all humankind," she emphasised.

She also stated that Russia must be ordered to provide assurances that it will not repeat these violations in the future. 

"Russia must be ordered to wipe out the consequences of its illegal acts by releasing and de-registering the Ukrainian drilling rigs that it has unlawfully seized and re-flagged. 

Russia must be ordered to conduct proper studies on the impact of Russia's construction projects in the Kerch Strait on the marine environment and Russia must be ordered to take steps to remediate the environmental damage caused by these projects and to actively manage continuing risks of environmental harm," Zolotariova concluded.

Background:

• Ukraine initiated arbitration proceedings against the Russian Federation in September 2016 to protect its rights as a coastal state in the waters adjacent to Crimea in the Black Sea, the Sea of Azov and the Kerch Strait.
• In February 2020, the arbitration tribunal in The Hague confirmed its jurisdiction to hear Ukraine's claim, but only in relation to the Azov Sea and the Kerch Strait, as well as the theft of Ukraine's natural resources.
• On 23 September 2024, the hearings on the merits of the case began in The Hague.
• As part of the case, Ukraine emphasises, among other things, the illegality of the Kerch Bridge and is asking the tribunal to apply the Convention on the Law of the Sea as it is written to hold Russia accountable.

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