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By terminating the Friendship Treaty with Russia, Ukraine lost its rights of passage through Kerch Strait

Summary of Disinformation

Ukraine’s decision to terminate the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation results in the fact that the legal basis for the Treaty of the Sea of Azov and the Kerch Strait is no longer valid. Therefore, Kiev deprives itself of the right of free navigation in the Azov-Kerch region.

Disproof

According to the  UN Convention on the Law of the Sea (UNCLOS), all ships, including foreign warships, enjoy the right of "innocent passage" within another state's territorial sea under international law. The Agreement between the Russian Federation and the Ukraine on cooperation in the use of the sea of Azov and the strait of Kerch (2003) simply refers to the Treaty on friendship, cooperation and partnership between Ukraine and the Russian Federation. All possible requirements for termination of a treaty are listed in the Vienna Convention on the Law of Treaties. These requirements have not been fulfilled, so the treaty regulating the passage through Kerch Strait should still be in force.

Recurring pro-Kremlin narrative on Azov sea.

Further debunking by The Insider.

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Reported in: Issue 130
Date: 11.12.2018
Language: Russian
Country: Russia, Ukraine
Keywords: Azov sea, Kerch, International Law
Outlet where the disinformation appeared: RIA Novosti
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