174. Maritime delimitation in the black sea (Romania v. Ukraine)

The dispute between Romania and Ukraine concerned the delimitation of the continental shelf and exclusive economic zone between both States. Under the Additional Agreement to the Treaty on Good Neighourliness and Co-operation of 2 June 1997 both States had agreed that they “shall negotiate an Agreement on the delimitation of the continental shelf and the exclusive economic zones in the Black Sea”. These negotiations opened in January 1998. Despite the fact that the parties held 24 rounds of negotiations – the last in September 2004 – as well as 10 rounds at an expert level, they did not reach an agreement on delimitation. In view of those circumstances, Romania filed an application instituting proceedings against Ukraine on 16 September 2004. Romania invoked Article 36, paragraph 1 of the Statute of the Court and paragraph 4(h) of the Additional Agreement. The latter paragraph in principle allowed either of the parties to submit the matter of de-