Snake Island (Ukraine)

For the Bulgarian island in the Black Sea and often referred to as Snake Island see St. Thomas Island.

Snake Island

Geography
Location	Black Sea
Coordinates	45°15′N 30°12′E
Administration
Romania
Demographics
Population	100

Snake Island, also known as Serpent Island ([Острів Зміїний, Ostriv Zmiinyi] Error: {{Lang-xx}}: text has italic markup (help); Romanian: Insula şerpilor), lies in the Black Sea off the coasts of Romania and Ukraine. The island is part of the Kiliya Raion (district) of Odessa Oblast, Ukraine. The territorial limits of the continental shelf around Snake Island was delineated by the International Court of Justice on 3 February 2009.

Geography

The island is a limestone formation located 35 km from the coast, east of the mouth of the Danube River. The island's coordinates are 45°15′18″N 30°12′15″E. The island is X-shaped, 662 meters by 440 meters, covering an area of 0.17 km². The highest point is 41 m above sea level.

The nearest coast location to the Snake Island is Kubanskyi Island on the Ukrainian part of the Danube Delta, located between Bystroe Channel and Vostochnoe Channel. The closest Romanian coast city, Sulina is 45 km away. The closest Ukrainian city, Vylkove is 50 km away.

Population and infrastructure

About 100 inhabitants live on the island, mostly frontier guard servicemen with their families and technical personnel. Since 2003 a permanent scientific expedition by Odessa National University has been located on the island.

The island is currently demilitarized and is under rapid development. In accordance with 1997 Treaty between Romania and Ukraine, the Ukrainian authorities withdrew an army radio division, demolished a military radar, and transferred all other infrastructure to civilians.

In addition to a helicopter platform, in 2002 a pier has been built for ships with up to 8 meter draught, and harbor construction is underway. The island is supplied with navigation equipment, including a 150-year old lighthouse. Electric power is provided by a dual wind/diesel power station. The island also has such civil infrastructure as a post office, a bank branch (of the Ukrainian bank "Aval"), a first-aid station, satellite television, a phone network, a cell phone tower, and an Internet link.

Lighthouse

The Snake Island Lighthouse was built in the summer of 1843 by the Black Sea Fleet of the Russian Empire. The lighthouse is an octahedral-shaped building, 12 meters tall, located at the highest point of the island, 40 meters above the sea level. The lighthouse is adjacent to a housing building.

As lighthouse technology progressed, in 1860 new lighthouse lamps were bought from England, and one of them was installed in Snake Island Lighthouse in 1862. In the early 1890s a new kerosene lamp was installed, with lamp rotating equipment and flat lenses. It improved the lighthouse visibility to up to 20 miles.

The lighthouse was heavily damaged during World War II by Soviet aviation and German retreating forces. It was restored at the end of 1944 by the Odessa military radio detachment. In 1949 it was further reconstructed and equipped by the Black Sea Fleet. The lighthouse was further upgraded in 1975 and 1984. In 1988 a new radio beacon "KPM-300" was installed with radio signal range of 150 miles.

In August 2004, the lighthouse was equipped with a radio beacon "Yantar-2M-200", which provides differential correction signal for global navigation satellite systems GPS and GLONASS.

The lighthouse is listed as UKR 050 by ARLHS, EU-182 by IOTA, and BS-07 by UIA.

History

Snake Island in 1896.

The island was named, by the Greeks, Λευκός, Leuce Island ("White Island"), similarly known by Romans as Alba, probably because of the white marble formations that can be found on the isle. The uninhabited Isle Achilleis ("of Achilles") was the major sanctuary of the Achaean hero, where "seabirds dipped their wings in water to sweep the temples clean" (Kyriazis). Several temples of Thracian Apollo can be found here, and there are submerged ruins.

According to an epitome of the lost Trojan War epic of Arctinus of Miletus, the remains of Achilles and Patroclus were brought to this island by Thetis, to be put in a sanctuary. Ruins believed to be of a square temple dedicated to Achilles, 30 meters to a side, were discovered by Captain Kritzikly in 1823. Ovid, who was banished to Tomis, mentions the island; so do Ptolemy and Strabo. The island is described in Pliny's Natural History, IV.27.1.

Several ancient inscriptions were found on the island, including a 4th century BC Olbiopolitan decree which praises someone for defeating and driving out the pirates that lived on the "holy island".

Modern history

The Greeks during the times of Ottoman Empire renamed it Fidonisi (meaning in Greek "Snake island") and the island gave its name to the naval Battle of Fidonisi. The battle between Ottoman and Russian fleets took place near the island in 1788 in the course of Russo-Turkish War of 1787-1792.

In 1829, following the Russo-Turkish War of 1828-1829, the island became part of the Russian Empire until 1856.

In 1877, following the Russo-Turkish War of 1877-1878, the Ottoman Empire gave the island and Northern Dobrudzha region, as a reimbursement for the Russian annexation of Romania's southern Bessarabia region.

The Paris Peace Treaties of 1947 between the protagonists of World War II ceded Northern Bukovina, the Hertza region, Budjak, and Bessarabia to the USSR but made no mention of the mouths of the Danube and Snake Island.

Until 1948, Snake Island was considered part of the Romanian coastal city of Sulina. In 1948, the Soviets forced the Romanian side (occupied by Soviet troops) to accept the "transfer" of Snake Island to the USSR, as well as to accept to move the Romanian border in the Danube Delta towards the west, in favour of the USSR (resulting in the annexation of Limba Island by the USSR). Romania has strongly disputed the validity of this "treaty", since it was never ratified by any of the two countries, which would make the Limba and Snake islands de jure Romanian territory.

The same year, in 1948, during the Cold War, a Soviet radar post was built on the isle (for both naval and anti-aircraft purposes).

The Soviet Union's possession of Snake Islands was confirmed in the Treaty between the Government of the People's Republic of Romania and the Government of the Union of the Soviet Socialist Republics on the Romanian-Soviet State Border Regime, Collaboration and Mutual Assistance on Border Matters, signed in Bucharest on February 27, 1961.

Between 1967 and 1987, the USSR and Romanian side were negotiating the delimitation of the continental shelf. The Romanian side refused to accept a Russian offer of 4000 km² out of 6000 km² around the island in 1987.

Following the collapse of the Soviet Union in 1991, Ukraine inherited control over the island. A number of Romanian parties and organizations consistently claimed it should be included in its territory. According to the Romanian side, in the peace treaties of 1918 and 1920 (after WWI), the isle was considered part of Romania, and it was not mentioned in the 1947 border-changing treaty between Romania and the Soviet Union.

In 1997, Romania and Ukraine signed a treaty in which both states "reaffirm that the existing border between them is inviolable and therefore, they shall refrain, now and in future, from any attempt against the border, as well as from any demand, or act of, seizure and usurpation of part or all the territory of the Contracting Party". However, both sides have agreed that if no resolution on maritime borders can be reached within two years, then either side can go to the International Court of Justice to seek a final ruling.

Maritime delimitation

Due to the isle's geographic position, its possession dramatically affects the maritime frontier line between the two countries. If Snake Island is an island, then continental shelf around Snake Island should be considered as Ukrainian water. If Snake Island is not an island, but a cliff, then in accordance with international law the maritime boundary between Romania and Ukraine should be drawn without taking into consideration the isle location.

On 16 September 2004 the Romanian side brought a case against Ukraine to the International Court of Justice in a dispute concerning the maritime boundary between the two States in the Black Sea, claiming that the island has no socio-economic significance.

The Romanian side claims that Ukraine is developing the isle in order to prove its island status (as contrary to a cliff).

Oil (10 million tonnes) and natural gas deposits (1 billion m³) were discovered under the seabed nearby. The natural resources are not significant though, as they can be exhausted in 2-3 years of development.

BP and Royal Dutch/Shell signed prospect contracts with Ukraine, while Total with Romania. Austrian OMV (the owner of Romania's largest oil company, Petrom) also signed a contract with Naftogas of Ukraine and Chornomornaftogaz to jointly participate to an auction for a concession of the area.

Presuming that the ICJ finds its jurisdiction in this dispute, the following picture may arise. In general, the islands are “special” or “relevant” circumstances to be considered in each act of delimitation effected either by states themselves or with the help of a third party, such as the ICJ, and depending on the peculiarity of a given situation, considerations of equity may lead to giving islands full, partial or even no effect in determining entitlement to maritime areas.

However, in the practice of states even rocks are often given effect during maritime delimitation, leaving alone fully-fledged islands. For example, Aves Island was given full effect in the US/Venezuela Maritime Boundary Agreement despite its very small size and lack of habitation. Furthermore, most states do not distinguish the islands from LOSC Art. 121(3) “rocks” and claim the shelf and the EEZ for all their rocks and islands. Examples would include the UK (with regard to Rockall Island), Japan (with regard to Okinotorishima), the US (with regard to Hawaiian and many other uninhabited islands along the equator), France (with regard to Clipperton and other islands), Norway (with regard to Jan Mayen), Yemen, Nicaragua, Sri Lanka etc.

The practice of international courts, tribunals and other third-party dispute settlement bodies is less uniform. On the one hand, even alleged Art.121(3) “rocks” are taken into account in delimiting the maritime boundaries. On the other hand, even though the islands are not Art.121(3) “rocks”, they may well be either ignored or substantially discounted (enclaved or eliminated) if their use would have an inequitable distorting effect in light of their size and location . Even if such islands are not discounted their actual influence on the delimitation is often minimal. All these decisions cannot, however, be said to have reached that level of uniformity in order to become a rule of law.

Although there have as well been some other instances where the issue, similar to that between Ukraine and Romania, was directly or implicitly involved , there has not been so far any direct third-party international review of whether a particular feature is LOSC Art.121(3) “rock” or is Art.121(2) “island”. Therefore, the Romanian-Ukrainian dispute may be the first case where the question of whether or not the island constitutes a “rock” with all the following implications under LOSC Art. 121(3) after its adoption will be examined by the main international adjudicative forum.

The decision of the ICJ in this case is not, therefore, that easy to predict. Even if the ICJ declares Snake Island to be an “island”, in delimiting the maritime zones, the ICJ may take into account “special” or “relevant” circumstances (the fact that the Black Sea is the “enclosed or semi-enclosed sea” which would make the maritime delimitation more difficult, the presence of the Serpents’ island, its location, significance etc.) and give the Serpents’ Island either full, or some, or none effect at all.

On September 19, 2008, the court concluded public hearings..

The court delivered its judgment on February 3, 2009, which divided the sea area of the Black Sea along a line which was between the claims of each country. The court concluded that Snake Island "should have no effect on the delimitation in this case, other than that stemming from the role of the 12-nautical-mile arc of its territorial sea".

While the judgment draws an equitable line between both parties, Romania got a larger chunk of the disputed area, allowing it to exploit 80% of estimated 100 billion cubic meters of natural gas deposits and 15 million tonnes of petrol located underneath the seabed..

References and footnotes

Inline:

General:

• Korrespondent.net: December 2003 report on Snake Island dispute, including aerial picture of the isle Template:Ru icon
• Korrespondent.net: Maritime Delimitation as of August 2005 Template:Ru icon
• BBC Romanian report on the bank opening Template:Ro icon
• Aurelian Teodorescu, "Snake Island: Between rule of law and rule of force": The Snake Island dispute from the Romanian perspective Template:Ro icon
• Constantine D. Kyriazis, Eternal Greece: Achilles' sanctuary
• [1] Nicolae Densuşianu, Dacia Preistorică, 1913, I.4; Literary references to the island in Antiquity
• Cotidianul: "OMV cauta petrol linga Insula Serpilor" Template:Ro icon
• Olexandr Fomin, The history of Snake Island Lighthouse, Zerkalo Nedeli, February 26, 2000. Template:Ru icon
• Tetyana Silina, The Island of Achilles, Dzerkalo Tyzhnia, February 16, 2007. Template:Uk icon
• Civic Media, Ukraine and Romania in strategic war in the Black Sea, Civic Media, October, 2007. Template:Ro icon
• Civic Media, The natural right of Romania over the Serpent Island, Civic Media, October, 2007. Template:Ro icon