Ukrainian Maritime Industry under Fire: Consequences of Russian Invasion

Abstract

The maritime industry in Ukraine has now been under significant pressure for eight years. The illegal annexation of Crimea by the Russian Federation in 2014 created a gray area which included a portion of Ukrainian coastal waters around Crimea, where Russia exercises effective control. Disputes over coastal state rights and shipping transit created fertile ground for further bellicose actions and costly vessel detentions. In that period, Russia exerted hybrid pressure on Ukraine’s maritime industry. This involved the creation of various obstacles to freedom of navigation through the construction of the Crimean bridge and the complication of the passage of ships through the Kerch Strait; the closure of significant sea areas by the Russian Federation under the pretext of military exercises; and Ukraine’s actual loss of control over a significant part of the EEZ, among others. With the start of a full-scale Russian invasion on February 24, 2022, the Ukrainian maritime industry became the target of direct and indirect attacks. Ukrainian ports and other maritime infrastructure in Ukrainian-controlled territories are regularly subjected to rocket attacks, while the Russian occupation administration loots captured ports. Ukrainian ports have also been indirectly damaged by the blocking of navigation in the Black Sea and the Sea of Azov. This article analyzes the legal aspects of the naval blockade of Ukraine, and the legal actions taken by the Ukrainian maritime authorities and the maritime industry to mitigate the consequences of the ongoing armed conflict.