@ARTICLE{Makowski_Andrzej_‘The_2023,
 author={Makowski, Andrzej},
 number={No XLIV},
 pages={9-32},
 journal={Prawo Morskie},
 howpublished={online},
 year={2023},
 publisher={Oddział PAN w Gdańsku},
 abstract={‘The special military operation’ conducted by the Russian Federation, including the ‘anti-terrorist operation’ in the Black and Azov Seas carried out by its Black Sea Fleet, meets the definition of aggression, which, in addition to violating the UN Charter, also violates the provisions of UNCLOS (Article 301) and the San Remo Manual (general provisions, first three sections). The unilateral announcement (through a navigational warning) of an ‘anti-terrorist operation’, and in fact a sea blockade of Ukrainian ports, is contrary to the content of UNCLOS (freedom of navigation) and does not meet the requirements for methods of fighting at sea (sea blockade, zones - San Remo Manual). The missile attacks on civilian and protected objects located on the territory of the Ukrainian state, carried out by ships and aircraft of the Black Sea Fleet, as well as artillery and missiles shelling of coastal towns, constitute a gross violation (war crime) of the international humanitarian law of armed conflicts (San Remo Manual). On contrary, the use of unmanned surface vehicles (drones) by the Ukrainian side in the arak on the Sevastopol base is in accordance with the provisions of the Manual (means of warfare at sea). Particular attention in the discussed armed conflict deserves art. 35 (c) UNCLOS relating to the Turkish Straits, which allows Turkey (based on the Montreaux Convention) to significantly influence the strategic and operational situation in the Black Sea by denying the use of the straits to warships (Turkey closed them to warships all flags). The voting procedure for informal members of the UN Security Council should be considered ineffective, which in the discussed case, when the aggressor is a state – a permanent member of the Security Council makes it difficult to apply measures provided for by international law against it and forces the use of ad hoc solutions, such as ‘grain corridors’.},
 type={Artykuł},
 title={‘The special military operation’ in the Black Sea in the light of the United Nations Convention on the law of the sea and the San Remo Manual},
 URL={http://journals.pan.pl/Content/130157/2023-01-PRMO-02.pdf},
 doi={10.24425/pm.2023.147837},
 keywords={Russian Federation, Black Sea Fleet, Ukraine, special military operation, UNCLOS, San Remo Manual, anti-terrorist operation, the naval warfare},
}