La guerra russo-ucraina e l’applicazione della UNCLOS in tempi di conflitto armato

Since the commencement of the Russian-Ukrainian conflict in 2022, there has been a renewed emphasis on the application of military force, including in maritime operations. Given that both the belligerent factions and the coastal states bordering the Black Sea are parties to UNCLOS (except Turkiye), the applicability of this provision during the conflict becomes uncertain. This reflection should be situated within the wider discussion on the effect of armed conflicts on treaties. The contribution originates from events that commenced in 2014 and were the focal point of were the subject of two disputes pitting Ukraine and Russia before arbitration tribunals (with ITLOS deciding for provisional measures in the second dispute, as well). Thereafter, the examination turns to the practical implementation of UNCLOS provisions in the areas directly impacted by the armed conflict since 2014, the correlation between UNCLOS and the international law of armed conflict as it relates to maritime activities, and the manner in which UNCLOS has been implemented. Following a discussion of the applicability of UNCLOS during armed conflicts, the contribution concludes with a brief examination of the issue of coastal state sovereignty, which appears to be especially problematic for the conduct of military operations at sea in times of armed conflict.