AZOV-KERCH WATER SPACES IN THE CONCEPT OF HISTORICAL WATERS

Abstract

The article is devoted to the definition of the possibilities of the concept of modern international maritime law on the regime of historical waters to the Sea of Azov and the Kerch Strait application. The weak development of the concept of historical waters in the modern legal doctrine is observed, especially concerning the Azov-Kerch waters. This defines the purpose of the article, and namely, to establish the appropriateness of classifying them as historical waters on the basis of the modern relations characteristics concerning the establishment of the maritime spaces’ regime of this region. The methodological basis of the article consisted of dialectical, historical methods, methods of analysis and synthesis, formal-legal and prognostic methods. The article studies the main scientific approaches to the development of grounds and mechanisms for recognizing certain marine areas as state historical waters. The absence of at list such grounds and mechanisms in modern international public maritime law and national legislation of Ukraine is emphasized. The Azov-Kerch water spaces is among of priority of Ukrainian national interests and the importance of creating the favorable environment for the development of seaports in the region. The attention is paid to the fact that the delimitation of the Azov-Kerch waters was discussed for a long time, but so far no mutually acceptable solution was reached: the attitudes of the parties and their justifications are different, and taking into account the temporary occupation and lasting conflict between two countries the search for a compromise may be delayed indefinitely. The idea of holding an international conference to determine the legal status and use of the Sea of Azov and the Kerch Strait and the signing of the relevant international agreement was supported. It is possible to terminate the current bilateral agreements because of this: the Agreement on Cooperation in the Use of the Sea of Azov and the Kerch Strait in 2003 and the Fishery Agreement on Fishing in the Sea of Azov in 1993. It is concluded that the historicity of Azov-Kerch waters belonging to the inland waters of only two countries has now exhausted itself. The interests of the much larger number of countries meet in this region, and the development of the universal international agreement concerning it has long been “felt” not only bilaterally but also regionally in order to build the balanced neighborhood policy and respect the interests of all concert parties.