흑해해양경계획정사건(루마니아 v. 우크라이나) 판결의 의의

On 3 February 2009, the International Court of Justice delivered a unanimous decision in the case between Romania and Ukraine concerning the maritime delimitation in the Black Sea. The Court used the equidistance method to delimit a five-point boundary. In drawing the boundary, the Court followed a standard, three-stage delimitation methodology: i) establishing a provisional equidistance line; ii) considering whether there are factors calling for the adjustment or shifting of the provisional equidistance line in order to achieve an equitable result; and iii) verifying that the provisional equidistance line, adjusted or not, does not lead to an inequitable result by reason of any marked disproportion between the ratio of the respective coastal lengths and the ratio between the relevant maritime area of each State. The unanimous and reasoned decision is simple and not likely to cause much controversy. Further, the Court's treatment of Serpents' Island―the central feature in the case―is disappointing because many expected the Court to suggest its own interpretation of Article 121(3) of the Law of the Sea Convention. Nonetheless, there can be found some criteria for the hoped interpretation in the oral proceedings. The arguments put forward by the parties may be useful for the understanding of the legal status of Dokdo under Article 121(3).