Despite the challenges posed by the ongoing Russian aggression against Ukraine, the Law of the Sea remains a valuable tool for resolving the law of the sea disputes. When the full-scale invasion of Ukraine by the Russian Federation started, Olesia Gorbun, a PhD candidate at Mykolas Romeris University (MRU), felt like as her contribution to the research and promotion of the importance of international law was suddenly irrelevant. Nevertheless, with the support of her family, her supervisor and colleagues, the Ukrainian found the motivation to continue her work, exploring the potential of the Law of the Sea Convention in addressing the impact of Crimea’s occupation on Ukraine’s maritime territory.

“The only thing necessary for the triumph of evil is for good men to do nothing”, says PhD candidate Olesia Gorbun at MRU. She refused to stay silent and took action to contribute to her country's sovereignty. Despite the challenges posed by the ongoing war in Ukraine, maritime law, according to O. Gorbun, remains a valuable tool for resolving maritime disputes.

Focusing on the United Nations Convention on the Law of the Sea (UNCLOS), O. Gorbun analyzed the impact of Crimea’s occupation on Ukraine’s rights and obligations in the waters of the Black and Azov Seas and the Kerch Strait, as well as the possibilities offered by the convention to address these issues.

When the Ukrainian began writing her doctoral dissertation in 2019, Crimea was already occupied by Russia. A year earlier, in 2018, Russian forces openly clashed with Ukrainian forces at sea for the first time, seizing three Ukrainian vessels attempting to pass through the Kerch Strait.

Concerned about her country's maritime disputes, O. Gorbun focused primarily on Crimea's occupation under the Law of the Sea Convention. However, when Russia launched a full-scale invasion of Ukraine in 2022, she began to question the relevance of the peaceful dispute resolution provisions under UNCLOS and the relevance of her dissertation itself.

She recalls, “For a time, it felt like my dissertation was just a piece of theoretical research framed in logically structured text. The thesis seemed to have lost its meaning and purpose, and I couldn't see any practical application or any relevance for it. Until I realized that it was not true.”

In her dissertation, O. Gorbun examines the extent to which disputes over land sovereignty fall outside the scope of UNCLOS provisions and identifies which maritime law issues between Ukraine and Russia can still be resolved by courts or tribunals under UNCLOS jurisdiction in the waters of the Black Sea, the Sea of Azov, and the Kerch Strait. She explores ways to overcome jurisdictional challenges posed by Crimea’s occupation, offering solutions for addressing Crimea’s occupation from various legal perspectives and providing insights into maintaining jurisdiction under UNCLOS.

The war in Ukraine has undermined faith in international law. However, the war has also quickly highlighted its importance, emphasizing the need for international law to be effective, applicable, and adaptable to changing circumstances.

"Although the impact of the Law of the Sea Convention is limited, considering the possibility of establishing an ad hoc arbitration tribunal against Russia was a pivotal moment for me. My dissertation isn’t just words. It’s a powerful tool that, in the right hands, can be used for good. It’s something I can contribute to," says O. Gorbun.

Following the collapse of the Soviet Union, Ukraine and Russia negotiated various agreements on shared waters around Crimea, including the Sea of Azov and the Kerch Strait. After Russia occupied Crimea in 2014, agreements regarding Russia’s Black Sea Fleet’s presence in Crimea were terminated. Russia declared Crimea its territory and expanded its claims over surrounding Black Sea and Sea of Azov waters.

“How the Law of the Sea can be applied in solving the disputes between Ukraine and the Russian Federation concerning the waters around occupied Crimea?” asks O. Gorbun in her dissertation. The occupation and subsequent annexation of Crimea affect about 73% of the waters over which Ukraine has sovereignty or sovereign rights.

Despite Russia's ongoing aggression against Ukraine, O. Gorbun’s dissertation proposes ways in which maritime law can still be applied, emphasizing its peaceful nature. Furthermore, her research innovatively links humanitarian and international law.

UNCLOS is an international treaty, often referred to as the "constitution of the oceans," which governs all aspects of ocean space, including its use, resources, and environmental protection. It establishes rules for territorial seas, contiguous zones, continental shelves, exclusive economic zones, and the high seas.

O. Gorbun argues that although UNCLOS does not specifically address maritime zones affected by occupation, it still covers maritime law issues governed by its provisions.

Given that UNCLOS governs the waters but not occupied land, it means that some UNCLOS provisions may still apply even without determining the name of the coastal state. These provisions can apply due to clauses requiring bordering states to cooperate, conclude temporary agreements, protect and preserve the marine environment, and so on.

In conclusion, there are limits to UNCLOS’s subject matter jurisdiction, and the occupation of Crimea presents a significant jurisdictional challenge. O. Gorbun examines potential solutions to these challenges, analyzes the occupation of Crimea from various legal perspectives, and proposes strategies for maintaining UNCLOS jurisdiction.

Maritime law covers issues related to rights and obligations in waters around Crimea, as well as state maritime zones, which are especially important in the context of Russia’s ongoing aggression against Ukraine.

According to O. Gorbun, Ukraine should seek to obtain a legally binding ruling from an ad hoc arbitration tribunal or an advisory opinion from the International Court of Justice confirming that Crimea is occupied. Such steps would allow for the application of UNCLOS provisions in resolving issues related to Ukraine’s rights as a coastal state. Therefore, by legally establishing the fact of Crimea’s occupation, claims previously considered outside UNCLOS jurisdiction could be resolved.

To find out more, please come to MRU (Ateities g. 20, Vilnius, Room I-414) on 26 September at 13:00 to attend the dissertation “The Crimean Occupation and Dispute Resolution under the 1982 United Nations Convention on the Law of the Sea” defense (Scientific Supervisor Prof. Dr. Saulius Katuoka).