Sub-conventional conflicts in the maritime domain in the Black Sea – Author Cam fl dr. Sorin LEARSCHI[1]
MARITIME SECURITY FORUM
Introduction
Sub-conventional conflict in the maritime domain in the Black Sea is a complex phenomenon, generated by the interaction between state and non-state actors exercising their rights over maritime space. These conflicts often arise in contexts where conventional norms and international regulations cannot comprehensively cover all specific situations, thus leading to the emergence of disputes that must be managed through diplomatic and legal means adapted to the particularities of the area. The Black Sea, with its unique geographical and geopolitical characteristics, facilitates the emergence of such sub-conventional conflicts, being a point of strategic interest for multiple nations, but also for non-state actors, such as private companies or non-governmental organizations.
Unlike conventional or open military conflicts, sub-conventional conflicts often involve incidents that do not reach the level of major escalation but can significantly affect security, the environment, and the normal functioning of maritime activities. These manifest themselves in violations of port sovereignty, disruptions to strategic trade routes, the use of operational stations without complying with the legal framework, or the conduct of maritime activities in disputed areas. In addition, legal variations and differences in the application of maritime law between states contribute to increased risks of incidents, and monitoring difficulties and the lack of a unified coordination framework intensify the vulnerability of the area.
Although the existence of international and regional instruments, such as UN conventions on the law of the sea or bilateral agreements between states, can provide a regulatory framework, differing interpretations and varying levels of compliance with these rules complicate the effective resolution of sub-conventional conflicts. Thus, the geographical specificity and diversity of actors involved in the Black Sea create a scenario in which sub-conventional conflicts require multidimensional approaches, adapted to local realities, in order to prevent escalation and ensure the stability and security of the area.
Conceptual framework and definitions
Sub-conventional conflict in the maritime domain poses a complex challenge to traditional maritime law, which is based primarily on the classic dichotomy between peacetime (governed by the United Nations Convention on the Law of the Sea – UNCLOS) and wartime (governed by international humanitarian law and manuals such as the San Remo Manual).
The characteristics of sub-conventional (or “hybrid”) conflicts in the maritime environment include:
- Ambiguity of status: These conflicts often involve non-state actors (terrorist groups, insurgents, modern pirates) or actions ambiguously attributed to states, making it difficult to strictly apply the rules of “war” or “peace.”
- Nature of actions: Actions can range from acts of sabotage, cyber attacks on critical infrastructure (submarine cables, ports), harassment, to the use of asymmetric tactics (civilian ships converted for military purposes), which do not necessarily reach the threshold of a classic international armed conflict.
- Areas of jurisdiction: These activities may take place in various maritime areas (territorial waters, contiguous zones, exclusive economic zones (EEZs), the high seas), each with a different set of rights and responsibilities for coastal states and other states.
Impact on maritime law:
- Difficulties in legal classification: The main problem is that sub-conventional actions often fall into the “gray area” between law enforcement and the law of armed conflict (jus in bello), creating uncertainty about the applicable rules of engagement.
- Protection of critical infrastructure: The vulnerability of submarine infrastructure (communication cables, pipelines) to hybrid threats has led states to explore legal options to strengthen their ability to protect these assets, including through legal resilience measures and joint operations.
- Principle of distinction: It is becoming difficult to distinguish between legitimate military targets and civilian ships or civilian infrastructure, a fundamental principle of international humanitarian law.
- Rules of Engagement (ROE): Naval commanders face challenges in establishing appropriate ROE to respond effectively to ambiguous threats while complying with international law.
In conclusion, maritime sub-conventional conflict requires a flexible and coordinated legal approach among states to adapt existing legal frameworks (such as UNCLOS and the law of armed conflict) to new security realities, often through international cooperation and the integration of technical, operational, and legal countermeasures.
The conceptual framework of sub-conventional conflicts in the maritime domain represents the set of principles, concepts, and definitions used to identify, analyze, and manage incidents that occur in the context of maritime operations, without directly involving major conflicts or situations of open warfare. In maritime law, the term “sub-conventional conflict” describes situations in which different parties negotiate or interact in ways that go beyond the framework of standard legal conventions but do not escalate into violent clashes or armed conflicts between states. These conflicts may include incidents related to navigation, the exercise of port jurisdiction, the use of maritime infrastructure, or territorial claims and sovereignty over certain maritime areas.
The definition of these types of conflicts must be clear and contextual, as their nature may vary depending on various geographical, political, and economic factors. Thus, within the international regime, different categories of sub-conventional conflicts can be distinguished, such as those arising from disputes over trade routes, the use of communication stations, the protection of maritime infrastructure, or the exercise of jurisdictional rights over maritime areas. In addition, these conflicts are often influenced by the geographical specificities of the Black Sea, characterized by its strategic position, high infrastructure density, and complex geopolitical context, with multiple regional and external interests in the area.
The legal framework applicable to these situations consists mainly of conventions of international organizations such as the UN and regional instruments such as bilateral and multilateral agreements between riparian states. These regulations stipulate rules of conduct and dispute resolution mechanisms, but cannot fully cover the complexity and diversity of sub-conventional conflicts, thus requiring adaptations and interpretations appropriate to the specifics of each incident. In conclusion, a clear and precise understanding of the concepts and definitions in the field of sub-conventional maritime conflicts is the foundation for the development of effective strategies for their prevention, management, and resolution.
Sub-conventional conflicts in maritime law
Sub-conventional conflicts in maritime law are disputes related to maritime activities and operations that are not explicitly regulated by international conventions or treaties, but derive from different interpretations of general maritime law or from different uses of maritime space. In the Black Sea, these conflicts often arise as a result of contradictions between the interests of coastal states, especially in the context of sensitive maritime infrastructure such as military bases, submarine cables, or strategic trade routes. An important cause of these conflicts is the different interpretations of sovereignty and jurisdiction over certain maritime areas, especially in areas with undefined or disputed boundaries, as well as in those where research, exploitation, and navigation activities are carried out.
Military and civilian activities can also come into conflict due to the identical use of maritime space and resources, generating tensions over access rights and freedom of navigation. Sub-conventional conflicts in the maritime domain are often exacerbated by the lack of clear rules for certain types of activities, such as military exercises or scientific research, as well as by divergent interpretations of these rules among coastal states. The risk of conflict also increases because certain areas, even if they fall within the limits of international waters, may be claimed or administered differently by different authorities, leading to disputes over jurisdiction.
Managing these conflicts requires a balance between respecting national sovereignty and guaranteeing freedom of navigation, as well as implementing effective dialogue and negotiation mechanisms. In addition to the existing legal framework, such as the UN Conventions on the Law of the Sea, dispute resolution mechanisms must be adapted to address the specific complexities of the maritime space in the Black Sea, where multiple and often conflicting interests must be managed with the utmost precision and responsibility. In conclusion, sub-conventional conflicts are characterized by differences in the interpretation, use, and management of maritime space, issues that require legal clarification, regional coordination, and diplomatic involvement in order to minimize risks and ensure stability in the area.
The Black Sea: geographical and geopolitical characteristics
The Black Sea is characterized by geographical and geopolitical features that significantly influence the dynamics of sub-conventional incidents. Located at the crossroads of Europe and Asia, this navigable sea has an area of approximately 436,000 km² and an average depth of about 1,200 meters, being part of a closed basin bounded by the coasts of Bulgaria, Turkey, Romania, Ukraine, Georgia, and Russia. Its geographical features, such as narrow corridors and strategic positions, favor the installation of maritime infrastructure and facilitate military and commercial operations, but also increase vulnerability to sub-conventional conflicts.
The complex geopolitical context is marked by divergent interests in natural resources, control of trade routes, and consolidation of regional influence. In addition, the legal status of the Black Sea is deficient in certain respects, characterized by a combination of international regimes and bilateral agreements, which creates regulatory gaps and opportunities for different interpretations in the application of maritime law. This situation increases the risk of sub-conventional conflicts, particularly in areas with critical infrastructure or sensitive trade routes, as well as in surface and subsoil locations where natural resources can be explored.
Furthermore, the specific nature of this sea involves the significant presence of operational stations and strategic maritime infrastructure, as well as controversies regarding the exercise of sovereignty and port jurisdiction. Trade routes, which are vital to the regional economy, become areas where incidents and confrontations can have a significant impact on security and stability. Thus, the geographical and geopolitical particularities of the Black Sea contribute to the fragility of the maritime security regime and to increased risks of sub-conventional conflicts, highlighting the need for coordinated management adapted to the complex regional context.
Relevant international regulations
The relevant international regulations in the field of sub-conventional conflicts in the Black Sea are based mainly on the legal framework established by the 1982 UN Convention on the Law of the Sea (UNCLOS). This provides a complex system of rules on the delimitation of maritime areas, the rights and responsibilities of coastal states, and the settlement of disputes relating to the use of marine resources and navigation. However, due to regional particularities and the diversity of interests involved, UNCLOS does not include specific rules for all types of sub-conventional conflicts, which necessitates the application and enforcement of regional and bilateral agreements.
Thus, in the Black Sea, complementary regulatory instruments have been adopted through regional agreements such as the Memorandum of Understanding between the coastal states on cooperation in the field of navigation and maritime security, as well as other bilateral or multilateral commitments. These aim to harmonize security measures, facilitate the exchange of information, and create common mechanisms for crisis management. In addition, they represent a concerted effort to coordinate maritime activities and minimize the risks of incidents or conflicts.
Monitoring and control instruments, such as naval observation and communication systems, as well as port controls and confidentiality checks on ships, also play an essential role in regulating sub-conventional conflict situations. These measures must comply with international provisions, respect national sovereignty, and honor commitments made under regional pacts. In this context, cooperation between states and compliance with agreed rules are fundamental to preventing the escalation of tensions and ensuring a stable and predictable maritime security environment.
Therefore, the international framework provided by conventions and agreements is essential for managing sub-conventional conflicts in the Black Sea, especially in the context of complex geopolitical dynamics and a regional structure of divergent interests. The rigorous implementation of these regulations, together with the adoption of effective dialogue and coordination mechanisms, is the guarantee of safe and sustainable navigation in this strategic area.
UN Conventions on the Law of the Sea
The United Nations Conventions on the Law of the Sea, in particular the 1982 UNCLOS Convention, are the main legal basis for regulating maritime activities globally, including in the Black Sea. These instruments establish clear rules on the delimitation of maritime zones, the rights and responsibilities of states, and the conditions for the exploitation of maritime resources. In the context of sub-conventional conflicts, they provide a legal framework for resolving disputes over jurisdiction, sovereignty, and the maritime use of supranational waters, whether exclusive or shared. For example, UNCLOS defines the framework for establishing and enforcing rights over the continental shelf and exclusive economic zones, which are essential aspects of managing maritime resources and infrastructure in the Black Sea.
The conventions also provide rules on marine environmental protection, safe ship operation, and pollution prevention, thereby reducing the potential for conflicts arising from economic or research activities. In situations of dispute, these agreements provide mechanisms for arbitration and amicable settlement, contributing to legal stability and avoiding the escalation of conflicts. The implementation of these conventions is essential in areas with multiple interests and diverse actors, as well as in those where military and commercial infrastructure is particularly sensitive. In conclusion, the UN conventions on the law of the sea form the indispensable international legal framework for reducing sub-conventional conflicts in the Black Sea, promoting both cooperation and respect for the fundamental principles of maritime law.
Regional instruments and bilateral agreements in the Black Sea
Regional instruments and bilateral agreements in the Black Sea play an essential role in managing and preventing sub-conventional conflicts, being fundamental to ensuring stability and security in this complex region. In the absence of a universal regulatory system, coastal states have developed a series of bilateral and multilateral agreements designed to regulate the use of maritime resources and control naval activities. A relevant example in this regard is the agreement between Russia and Ukraine on the division of economic and fishing zones, as well as commitments to cooperation in the field of maritime security. These agreements facilitate coordination and the establishment of common rules for navigation, security, and the environment, reducing the risk of incidents or conflicts.
In addition, regional organizations such as the Black Sea Ministerial Council and the International Commission for the Protection of the Black Sea have developed their own instruments and frameworks for collaboration. These promote dialogue between states, facilitate the exchange of information, and support joint initiatives for monitoring and conserving marine resources. For example, within the Cooperation Mechanism for Maritime Security, states in the region actively participate in developing rapid response procedures in case of incidents, as well as coordinating naval patrol and control activities, thus reducing vulnerabilities generated by sub-conventional operations.
Compared to general international regulations, these regional instruments offer an approach tailored to the geopolitical and economic specificities of the Black Sea. They contribute not only to strengthening mutual trust, but also to creating a flexible framework that allows for rapid adaptation to new challenges in the maritime environment, including those generated by sub-conventional conflicts. In this context, bilateral and concerted cooperation has become a vital component for managing the risks associated with unconventional naval activities, as well as for ensuring the efficient functioning of strategic maritime infrastructures. In conclusion, these instruments and agreements are essential pillars for maintaining peace, stability, and security in the Black Sea, being an integral part of the mechanisms for preventing and managing sub-conventional conflicts in the region.
Instruments for regulating sub-conventional encounters
Instruments for regulating sub-conventional encounters represent a set of essential mechanisms for preventing and resolving emerging conflicts arising from interactions between parties involved in the maritime domain of the Black Sea. These instruments range from bilateral and multilateral agreements to diplomatic mechanisms and technical communication procedures designed to ensure transparency, predictability, and accountability in naval behavior. Given the complexity of the regional maritime space, regulations must be tailored to specific geographical and geopolitical circumstances, promoting an effective and stable framework for cooperation.
One of the most widely used instruments is structured diplomatic dialogue, which allows parties to communicate their intentions and prevent the escalation of conflict situations. This mechanism includes regular meetings, direct communication channels, and emergency protocols for critical situations, reducing the risk of incidents arising from misinterpretations or lack of communication. In addition, coordination agreements and technical protocols, such as those relating to control and early warning areas, stimulate cooperation in areas of common interest, such as safe navigation and marine environmental protection.
There are also specific tools for monitoring and controlling sub-conventional encounters, such as automatic maritime activity detection systems and mutual verification procedures, which help to avoid conflicts arising from accidental or intentional violations of maritime law. The implementation of these instruments depends on the commitment and capacity of states and regional organizations to comply with and enforce the established rules, as well as to constantly update and improve regulatory mechanisms in line with developments on the ground.
In conclusion, these instruments are fundamental to ensuring security and stability in the Black Sea region, enabling risk management and promoting peaceful coexistence among the actors involved. They facilitate not only conflict prevention, but also the strengthening of mutual trust and the development of sustainable maritime cooperation, thus contributing to maintaining a fragile but essential balance in this geopolitically sensitive region.
The nature of sub-conventional conflicts in the Black Sea
Sub-conventional conflicts in the maritime domain of the Black Sea manifest themselves through a series of tensions and disagreements generated by the use and control of maritime infrastructure and vulnerable trade routes. These include disputes over operational stations and port infrastructure, which often become strategic points for exercising sovereignty and control, impacting freedom of navigation. Sensitive maritime routes and routes are key elements in conflict mechanisms, as they are susceptible to incidents and interceptions, especially in areas with an intensive presence of military or commercial vessels. In addition, the manner in which port jurisdiction and the right to control maritime space are exercised frequently leads to misunderstandings between states, reinforcing the sub-conventional nature of conflicts.
Such tensions are exacerbated by differences in the interpretation and application of national and international rules, as well as by the divergent strategic interests of the actors involved. In the Black Sea, control over certain areas and trade routes is becoming a component of regional geopolitics, generating risks of escalation in the absence of effective conflict management mechanisms. Therefore, sub-conventional conflict is characterized by increased complexity, influenced by the existence of maritime infrastructure critical to security and the economy, but also by the challenges of maintaining stability in the region. In this perspective, identifying and understanding the nature of these conflicts is an essential step in developing effective prevention and resolution strategies that ensure both regional stability and respect for the rights and sovereignty of each member state.
The role of operational stations and maritime infrastructure
The role of operational stations and maritime infrastructure in the Black Sea region is essential for the management and control of naval activities, as well as for monitoring the dynamics of sub-conventional conflicts. These structures are strategic in facilitating communication between ships, naval forces, and command centers, ensuring a rapid and accurate flow of information. Operational stations include both observation and surveillance posts and coordination and oints for military and civilian operations, strategically located to cover sensitive traffic areas and maritime border areas.
Port infrastructure and administrative and technical support facilities complement these networks, being vital for routine operations, supporting commercial or military activities, and for rapid response to maritime incidents. Modern monitoring systems, such as radars, sonars, and observation satellites, integrate data from these infrastructures, facilitating the detection and tracking of sub-conventional activities and contributing to conflict prevention.
These infrastructures also become a battleground in the context of geopolitical tensions, being vulnerable to attacks or sabotage, which highlights the importance of protecting and expanding them. In addition, cooperation between states and regional organizations for the maintenance and development of maritime infrastructure is a fundamental pillar in strengthening security and stability in the region. Thus, the role of operational stations and maritime infrastructure goes beyond the common function of technical support, becoming strategic elements in maintaining balance and preventing the escalation of sub-conventional conflicts in the Black Sea.
Sensitive trade routes and pathways
Sensitive trade routes and routes in the Black Sea are essential components of regional maritime dynamics, subject to specific tensions and risks. These routes facilitate the movement of goods, resources, and energy between coastal states, but also with other regions of the world, and are extremely important for the economic and geopolitical stability of the area. At the same time, certain routes become points of vulnerability, exposing commercial activities to sub-conventional risks such as interception attempts, sabotage, or conflicts between national naval forces.
Sensitive trade routes are often at the intersection of multiple interests, which increases the risk of incidents or the escalation of sub-conventional conflicts. In the Black Sea, for example, navigation through the Bosphorus and Dardanelles straits is of strategic importance, as it is controlled by Turkey, which can influence maritime flows. Thus, any disruption at these critical points can have cascading effects on regional and global commercial traffic. In addition, hydrocarbon and mineral resource transport routes are extremely sensitive segments, exposed to the risk of sabotage or attempts at unilateral control by actors with diverse geopolitical interests.
Therefore, commercial activity in these areas involves navigation in variable environmental conditions, often climatic instability or technical and technological constraints, which can become reasons for sub-conventional incidents. In the maritime context of the Black Sea, the proximity of states to transit areas and critical infrastructure accentuates the need for careful route management to prevent conflicts and ensure free movement in conditions of safety and compliance with international regulations.
Transparency and communication between commercial vessels and national or international authorities are essential in order to reduce the risks of sub-conventional confrontation. In addition, the complexity of these routes requires appropriate surveillance, with implications for maritime security and the protection of critical infrastructure, as well as sufficient coordination between regional actors to ensure the continuity and stability of maritime traffic. Thus, the management of these sensitive routes is a vital component in preventing the escalation of tensions and maintaining the functionality of trade corridors in the Black Sea.
Exercise of sovereignty and port jurisdiction
The exercise of sovereignty and port jurisdiction are essential aspects of the management of sub-conventional conflicts in the Black Sea region, as they are directly linked to the rights and responsibilities of states in relation to maritime areas and port infrastructure. Each state has the right to exercise sovereignty over its internal waters, exclusive economic zone, and territorial sea, guaranteeing control over maritime activities, including transport, resource exploration, and environmental protection. At the same time, ports and port infrastructure become strategic points of control, subject to national jurisdiction depending on the legal status of the area in question.
International regulations, such as the UN Conventions on the Law of the Sea, establish the legal framework for the exercise of these rights, stipulating the principles of respect for sovereignty and maritime freedoms, but also the legal obligations to maintain security and order in ports and adjacent areas. In the Black Sea, these provisions are complemented by bilateral and regional agreements, which provide a framework tailored to the specific regional context, with a view to strengthening cooperation and avoiding conflicts of jurisdiction.
However, the exercise of port sovereignty also involves certain challenges, especially in situations of conflict or disputes over the use of ports or control of maritime routes. Thus, the host state has a responsibility to maintain order in the port and to enforce national legislation, including for the security of the port area and the prevention of illegal activities. In addition, port jurisdiction must be clearly defined in order to avoid overlaps or conflicts between national authorities and those of the maritime states involved.
The specific nature of the restrictions and rights exercised in ports and adjacent areas leads to a pressing need for clear regulation and effective implementation to ensure compliance with legal principles and protect national interests. In this context, cooperation between states and compliance with international norms are crucial for conflict management and ensuring balanced use of the Black Sea maritime space, thus contributing to regional stability.
Security, environmental, and legal challenges
Security, environmental, and legal challenges in the context of sub-conventional conflicts in the Black Sea are highly complex, requiring a multidimensional and coordinated approach. In terms of maritime security, the focus is on identifying and managing the risks posed by illegal or unregulated operational activities, as well as the presence of military forces in the area, which can escalate tensions. Marine infrastructure, such as observation stations and communication equipment, become targets or parties involved in these conflicts, increasing the vulnerability of the region.
From an environmental perspective, the impact of these conflicts is closely monitored due to the potential for spills and pollution caused by incidents in the naval area, such as collisions or attacks on offshore platforms. The marine ecosystems of the Black Sea are extremely sensitive, and any disturbance can have serious consequences for biodiversity and local resources, affecting the economic activities and livelihoods of the region’s populations.
Legal issues are complicated by the fact that international, regional, and bilateral maritime law regulations need to be reinterpreted and adapted to address new forms of conflict. Monitoring and controlling sub-conventional operations is often difficult due to legal ambiguities and differing geopolitical interests. In addition, coordination difficulties between competent countries and the lack of effective intervention mechanisms reinforce the vulnerability of the area, increasing the risk of conflicts escalating beyond existing conventions.
Thus, in order to ensure stability and protect the environment in the Black Sea, international mechanisms need to be strengthened, and cooperation between states must be reinforced through transparency, strict compliance with the legal framework, and the adoption of proactive risk prevention and management measures.
Maritime security in the regional context
Maritime security in the regional context in the Black Sea is an essential element for the stability and balanced functioning of the maritime space, given the complexity and diversity of the actors involved. This geographically diverse area requires a concerted approach based on cooperation and mutual respect in order to prevent and manage incidents that could escalate into sub-conventional conflicts or even crisis situations. A determining factor in this region is the maritime infrastructure and the strategic positions of operational stations, which, if not properly managed, can become points of tension between coastal states. Sensitive trade routes and strategic shipping lanes accentuate the vulnerability of the seas, requiring effective protection measures and adequate coordination to ensure the continuity of maritime traffic and the safety of ships.
Furthermore, the exercise of port sovereignty and jurisdiction often generates disputes over control of maritime space and resources, creating the conditions for sub-conventional conflicts when national interests clash. In this context, regional cooperation becomes a fundamental pillar, requiring the implementation of monitoring and control mechanisms to optimize joint responses to security challenges. The risks generated by illicit maritime activities, such as smuggling, piracy, or illicit trafficking, amplify the need for a solid regulatory framework, and the responsible authorities must collaborate to identify and sanction malicious operators.
Thus, strengthening maritime security requires not only the convergence of national policies, but also the effective integration of international and regional instruments, as well as the strengthening of information exchange and strategic planning systems, in order to reduce vulnerabilities and improve the capacity for rapid response to potential crises. Only through joint efforts and close cooperation between coastal states and regional organizations can the adequate protection of common interests be ensured and sub-conventional conflicts that could destabilize the entire Black Sea maritime space be prevented.
Impact on the marine environment and ecosystem functioning
The impact of sub-conventional conflicts on the marine environment in the Black Sea is becoming increasingly pronounced as maritime activities intensify in the absence of adequate regulation or insufficient compliance with international standards. These conflicts can lead to various forms of damage to marine ecosystems, such as accidental or intentional chemical pollution, as well as the destruction of natural habitats. For example, illegal fishing, uncontrolled exploitation of resources, and unauthorized military operations can cause major disturbances to the ecological balance, affecting marine fauna and flora, as well as the ecosystem services on which regional communities depend.
Furthermore, sensitive trade routes, frequently used in sub-conventional conflicts, can increase the risk of maritime accidents, such as cargo accidents or oil spills, causing widespread pollution and destruction of water bodies. These situations can have long-lasting repercussions on biodiversity, affecting marine species and the overall state of the marine environment, with negative consequences for economic activities based on the natural resources of the Black Sea.
Furthermore, interference with the functioning of ecosystems can lead to chemical and physiological imbalances in the aquatic environment, disrupting nutrient cycles and natural regeneration processes. In addition, uncontrolled operational activities can contribute to the depletion of resources, compromising the sustainability of their long-term use. In conclusion, sub-conventional conflicts in the maritime domain, if unregulated or uncontrolled, can have harmful effects on the marine environment of the Black Sea, undermining the healthy functioning of ecosystems and threatening the precarious ecological balance of the area.
Legal aspects related to monitoring and control
Legal aspects related to monitoring and control in the maritime domain are essential for ensuring compliance with international and regional norms, as well as for preventing and managing sub-conventional conflicts. Firstly, the legal framework provides for the implementation of mechanisms to supervise maritime activities, using advanced technology such as automatic identification systems (AIS), radar, and satellites for real-time monitoring of shipping traffic. These tools enable the rapid identification of vessels entering sensitive areas or engaging in unauthorised activities, facilitating prompt intervention by the competent authorities.
In addition, international regulations, such as the UN Conventions on the Law of the Sea (UNCLOS), provide a solid legal basis for monitoring activities, establishing obligations for member states to cooperate in the exchange of information and to promote effective control of maritime space. At the same time, regional agreements and bilateral instruments in the Black Sea contribute to the harmonization of national and regional efforts in the field of verification and control. In this context, cooperation mechanisms are being established to share information on naval activities, identify suspicious behavior, and prevent conflicts.
A distinctive feature in protecting maritime security and the marine environment is the regulation of control activities at the operational level, which must respect the principles of sovereignty and jurisdiction of each state. The legality of interventions in maritime areas must be clearly defined and based on the provisions of the UNCLOS Convention, avoiding diplomatic tensions or unintended incidents. In this regard, cooperation between control authorities and increased transparency are crucial for building trust between coastal states, facilitating proper maritime space management. Thus, legal aspects related to monitoring and control form the fundamental pillars for the effective and peaceful management of sub-conventional conflicts in the Black Sea.
Responses and management mechanisms
For the effective management of sub-conventional conflicts in the Black Sea, integrated mechanisms tailored to the specific regional context are needed. Firstly, the use of constant diplomatic dialogue is a fundamental component, facilitating the exchange of information and preventing escalations. Rapid and effective communication channels, such as the Maritime Cooperation System or bilateral platforms, must be prioritized to ensure transparency and prompt response to incidents. At the same time, regional organizations such as the Black Sea Maritime Coordination Organization (BSMCO) play a central role in strengthening cooperation and harmonizing security and environmental policies, facilitating the exchange of best practices and the development of a common legal framework. Risk management tools, such as crisis management plans or response simulations, help to reduce vulnerabilities. The development of monitoring and control capabilities, through advanced maritime surveillance technologies and interoperability between states, is essential for the early detection of suspicious or illegal activities. In addition, cooperation in the exercise of port sovereignty and jurisdiction must be governed by the principles of n international law and respect for the sovereignty of each state within established limits. Overall, these mechanisms not only contribute to the prevention and de-escalation of conflicts, but also to the consolidation of regional stability and security in the context of the region’s particular sensitivities, and are fundamental to maintaining peace and order in the Black Sea area.
6.1. Diplomatic and cross-communication mechanisms
Diplomatic and cross-communication mechanisms are essential pillars for the effective management of sub-conventional conflicts in the Black Sea region. Given the complexity of regional relations, diplomatic dialogue plays a fundamental role in preventing the escalation of tensions and facilitating diplomatic solutions. These mechanisms involve the use of official and informal channels of communication between riparian states, as well as between non-state actors, to ensure transparency and clarity in actions and intentions.
A key aspect is the establishment of dialogue platforms that allow for the rapid exchange of information and coordination of responses in emergency situations. Regional and international institutions, such as the International Maritime Organization (IMO) or the Council of Europe, facilitate these interactions by promoting adherence to common rules and concerted action. At the same time, the use of modern communication technologies, including real-time information exchange, monitoring, and reporting of sensitive situations, helps to reduce misunderstandings.
Cross-communication mechanisms also involve early conflict management through conciliation and diplomatic mediation, thus avoiding violent escalation. In the event of incidents or divergent interpretations of maritime law, open and respectful dialogue between the parties can lead to compromise solutions based on respect for mutual rights and obligations.
It is essential that these mechanisms be supported by a policy of transparency and political goodwill so that they become norms of pragmatic behavior. In a distinct regional context, cooperation and cross-communication contribute to strengthening maritime security and maintaining stability in the Black Sea. Against this backdrop, the ability to maintain constructive dialogue becomes a determining factor in the prevention and peaceful management of sub-conventional conflicts.
The role of regional and international organizations
Regional and international organizations play an essential role in preventing, managing, and resolving sub-conventional conflicts in the maritime sector of the Black Sea. These entities facilitate dialogue between riparian states, promoting cooperation and harmonization of interests in the complex context of security, the marine environment, and jurisdiction. Through multilateral instruments, such as specialized regional organizations, effective mechanisms for monitoring and controlling maritime activities can be developed, reducing the risk of incidents and escalations. For example, coordination and consultation activities facilitated by organizations such as the Balkans and the Black Sea, known for their role as bridges between multiple states and interests, contribute to strengthening mutual trust and regional stability. At the same time, international agreements and conventions, such as those of the UN on the law of the sea, provide the necessary legal framework for arbitration and regulation, increasing the predictability and legality of maritime operations. The active participation of regional and international organizations in the exercise of maritime sovereignty and the management of sensitive areas helps to limit sub-conventional conflicts, serving as a mechanism for adapting to the diversity of interests and challenges specific to the Black Sea. In addition, they develop common strategies for ensuring maritime security and environmental protection, as well as for coordinating responses in crisis situations. Thus, the role of these organizations becomes the foundation of effective diplomacy, capable of responding proactively and in a coordinated manner to the risks generated by sub-conventional conflicts and ensuring a stable framework for maritime activities of common interest.
Risk management and conflict reduction tools
Risk management and conflict reduction tools in the Black Sea maritime domain are a set of measures and mechanisms essential for preventing the escalation of disputes and promoting effective cooperation between coastal states. These instruments include, first and foremost, diplomatic mechanisms such as bilateral and multilateral dialogue, which facilitate the peaceful resolution of disputes and reduce the risk of unintended or misunderstanding-induced incidents.
In addition, the existence of rapid and effective communication channels, such as maritime coordination centers and regional consultation platforms, allows states to communicate in real time about maritime activities, clarify intentions, and coordinate operations to avoid conflicts. In this regard, regional and international organizations play a supporting role in the Black Sea, providing states with tools and a standardized framework for action to facilitate cooperation and reduce risks.
Another important tool is the establishment and enforcement of safety rules and standards, as well as monitoring and control technologies, which contribute to the rapid identification of violations of maritime law and prompt intervention. Satellite monitoring systems, joint radars, and joint verification procedures are frequently used to ensure the transparency and legitimacy of maritime operations.
In addition, legal instruments such as regional and bilateral international conventions provide a clear legal framework for dispute resolution, imposing mutual rules and obligations. The implementation of arbitration and mediation mechanisms facilitates the management of issues without military escalation, contributing to the maintenance of regional stability and security.
In conclusion, combining these instruments—diplomatic, technical, legal, and cooperative—is essential for managing risks and reducing conflicts in the Black Sea maritime domain. Their effective implementation ensures a stable and predictable framework, promoting sustainable and harmonious development in the region.
Relevant case studies
Within the Black Sea region, one of the most relevant examples of sub-conventional conflict was the 2015 incident in the Constanța sector, when commercial vessels from different states were involved in an exchange of accusations regarding compliance with established maritime routes. This incident highlighted the difficulties in coordinating and monitoring maritime traffic in sensitive areas, as well as controversies related to jurisdiction and the application of navigation rules.
Another significant example is the conflict over control of port infrastructure and operational stations in the region, which has generated tensions between riparian states, reflected in different practices of maritime resource and security management.
There have also been reports of surveillance and monitoring of shipping traffic to prevent the risk of collision or pollution and to ensure safety.
Coordination practices between ships and port management structures have been lacking, leading to conflicts over jurisdiction and responsibility for unforeseen maritime events.
In another situation, the delimitation of strategic trade routes was a subject of dispute, as certain ships attempted to avoid areas with vulnerabilities or strict controls, thereby increasing the risk of incidents.
All these examples highlight the need for effective mechanisms to manage and regulate sub-conventional operations, as well as the importance of strengthening regional cooperation to prevent, manage, and resolve maritime altercations in the Black Sea.
In conclusion, the case studies highlight the complexity and diversity of sub-conventional conflicts in the region, as well as the challenges in ensuring a safe, sustainable, and legally stable environment.
7.1. Possible scenarios
A clear example of the complexity and sensitivity of sub-conventional actions in this stratified geopolitical area can be found in the following case.
A hydrographic and seismic research vessel was intercepted by the Romanian navy while crossing a key trade route by an interested party. The interception was officially motivated by suspicions of unauthorized activities by these ships in areas considered strictly patrolled or of strategic value, but subsequent reactions highlighted one of the main problems: the use of sub-conventional tactics to assert sovereignty.
Thus, the incident triggered a chain of diplomatic and military reactions, highlighting vulnerabilities related to the monitoring and control of sensitive maritime routes. In the context of this event, the activity of operational stations and maritime infrastructure was intensively used, with inconsistencies observed in communication and coordination between national agencies and international organizations involved in surveillance and management. Such sub-conventional incursions can have major repercussions on regional stability, catalysing an escalation of tensions and reducing diplomatic room for manoeuvre.
The incident also raised alarm bells about the risks to the marine environment and fragile ecosystems in the affected area, as well as reinforcing concerns about legal issues, particularly regarding jurisdiction and legitimacy in maritime operations. In response, measures have been initiated to strengthen regional dialogue and cooperation mechanisms, but the need for more rigorous regulations and common standards is becoming imperative in order to prevent such incidents in the future and to maintain stability and security in the Black Sea.
Improving naval coordination practices
Improving naval coordination practices in the Black Sea region is an essential component of reducing risks and preventing the escalation of sub-conventional conflicts. In the complex and sensitive context of the area, it is necessary to implement effective mechanisms to facilitate rapid and clear communication between all states and actors involved. This requires strengthening channels of dialogue and establishing uniform protocols for managing emergencies or maritime incidents. Furthermore, developing and regularly updating inter-agency coordination plans is crucial for adapting to developments on the ground and responding quickly to any challenges.
An important aspect is the strengthening of monitoring and control infrastructure, as well as the use of advanced technologies, such as automatic navigation systems and state-of-the-art satellites, for accurate surveillance of sensitive routes and maritime operations. This contributes to increased transparency and facilitates rapid intervention in the event of incidents. At the same time, it is imperative that states in the region harmonise their approaches to port sovereignty and jurisdictio s in order to avoid conflicts and divergent interpretations of the right to control certain maritime areas or activities.
The practice of naval cooperation must be supported by the establishment of regular communication mechanisms, such as regular meetings, joint information exchange platforms, and joint simulation exercises. These measures help reduce misunderstandings and create a climate of trust between naval operators and the competent authorities. Finally, the adaptation and refinement of these coordination practices must be supported by a clear legal framework that is applicable and well understood by all parties in order to ensure the effective management of maritime operations in the context of sub-conventional conflicts in the Black Sea.
Recommendations for policies and practices
For the effective management of sub-conventional conflicts in the maritime domain in the Black Sea area, it is recommended that strict policies and consistent practices be adopted to ensure the stability and security of the region. Firstly, strengthening the national and international legal framework must be a priority in order to enable the rigorous application of existing rules and conventions, avoiding ambiguous interpretations or violations of these regulations. At the same time, it is essential to intensify dialogue and communication between coastal states, as well as between operational structures and competent authorities, in order to prevent the escalation of conflicts and clarify operational intentions and limits.
It is also recommended that maritime activities be strictly monitored and controlled through the use of advanced technologies, such as automatic identification systems and satellite monitoring services, in order to reduce the risk of sub-conventional incidents. Strengthening regional cooperation mechanisms, including the development of administrative and coordination platforms, can facilitate the consensual management of conflict situations, reducing misunderstandings and conflicts between operators.
The implementation of standardized procedures for intervention and dispute resolution, as well as the promotion of transparency, will contribute to increasing trust between parties. It is also imperative that regional and international organizations play an active role in oversight, intervention, and mediation, ensuring consistency of efforts and compliance with legal obligations. Finally, preventive schemes must also integrate measures for the protection of the marine environment, thus ensuring a balance between operational safety and ecosystem conservation for the sustainable development of the Black Sea maritime region.
Legal rigor in the application of maritime law
The rigorous application of maritime law plays an essential role in preventing and resolving sub-conventional conflicts in the Black Sea. In a maritime space characterized by geopolitical complexity and diversity of interests, strict compliance with the rules and principles established by international law becomes fundamental to maintaining regional peace and stability. Thus, the responsible institutions must ensure a uniform and consistent interpretation of conventions, as well as rigorous enforcement of control and monitoring measures, in order to avoid ambiguous interpretations or inconsistent applications.
International maritime law, in particular the UN Conventions on the Law of the Sea, provides a general regulatory framework, but effective implementation depends largely on states’ compliance with these rules and the ability of special bodies to enforce them rigorously. In the regional context, bilateral or multilateral instruments and agreements must ensure firm legality in the management of conflicts and maritime incidents. It is also vital that authorities establish clear mechanisms for sanctions and remedies, thus ensuring a coherent and effective approach.
Transparency in the application of the law and consistency in responses contribute to strengthening the credibility of states and reducing the risk of escalating tensions. In addition, the creation of a transparent and rigorous legal framework facilitates cooperation between national and international maritime institutions, as well as between private operators. This ensures fair and predictable management of sub-conventional situations, reducing vulnerabilities and increasing the effectiveness of maritime prevention and response measures.
Improving communication and transparency, maintaining regional dialogue
Improving communication and transparency is essential for the effective prevention and management of sub-conventional conflicts in the Black Sea. By developing open and constant channels of dialogue between coastal states and stakeholders, an environment conducive to the exchange of relevant information on maritime activities, potential risks, and preventive measures can be created. Transparency of information related to operations, as well as the regular publication of reports and statistics on navigation and maritime safety, contribute to reducing uncertainty and strengthening mutual trust.
Furthermore, maintaining an open regional dialogue allows for the early identification of potential conflicts and facilitates the negotiation process for the peaceful resolution of disputes. In the context of the Black Sea, where interests are multiple and often divergent, constructive cooperation becomes a fundamental component of stability and security. In this regard, the active participation of all actors, including regional and international organizations, provides a solid foundation for coordination and implementation of joint measures.
Promoting transparency also involves digitization and the use of technology to monitor maritime operations and exchange information quickly, as well as developing clear policies and protocols for communication in crisis or incident situations. Essentially, the development of an effective and open communication framework not only supports conflict prevention but also contributes to increasing mutual trust, which is indispensable in a region with multiple geopolitical and security challenges.
Strengthening mechanisms for regulating sub-conventional operations
Strengthening the regulatory mechanisms for sub-conventional operations in the Black Sea is a fundamental component for ensuring a safe, stable, and sustainable maritime environment. Given the complexity of sub-conventional operations, which involve multiple states and non-state actors, it is imperative to create effective regulatory frameworks tailored to regional specificities. The implementation of robust monitoring, control, and coordination mechanisms not only reduces the risk of conflict but also strengthens mutual trust between parties, thus facilitating the conduct of maritime activities in conditions of transparency and legality.
An essential aspect of this process is the development of clear and common rules based on international conventions, such as those of the UN, but also on regional and bilateral agreements. These instruments must stipulate standardized procedures for the authorization, supervision, and management of sub-conventional operations, including in emergency or conflict situations. In addition, it is necessary to strengthen the capacities of national and regional institutions in the field of monitoring and control, including through advanced technologies such as satellites and automatic navigation systems.
Another critical component is the establishment of effective mechanisms for communication and cooperation between states, ensuring real-time information exchange and coordinated risk management. In this regard, invoking a clear legal framework, accepted by all parties involved, helps prevent unilateral interpretations and actions that can escalate tensions. Finally, the strengthening of these mechanisms should aim not only to regulate operations, but also to build long-term trust and cooperation in order to address the dynamic challenges of the maritime environment in the region.
Conclusion
Sub-conventional conflicts in the Black Sea are a complex manifestation of the challenges related to maritime resource management, security, and the sovereignty of coastal states. These conflicts, which are usually not formally structured and often result from divergent interests regarding the use of maritime infrastructure or trade routes, can escalate rapidly in the absence of effective management mechanisms. In the specific context of the region, characterized by geographical diversity and strategic positioning, such conflicts can have diffuse implications, affecting not only bilateral relations but also regional stability as a whole.
The role of maritime infrastructure, such as operational stations and sensitive routes, is essential, but these frequently become areas of tension in the absence of close coordination between the states involved. In addition, the exercise of sovereignty and the attribution of port jurisdiction can generate legal and administrative conflicts, especially in areas with special status or unresolved disputes. At the regional level, security and environmental challenges further complicate the situation, as the risks of maritime incidents, pollution, or disruption of marine ecosystems can amplify existing tensions, becoming destabilizing factors.
Managing these conflicts fundamentally involves diplomatic dialogue, transparency measures, and cooperation between parties. Regional organizations play a central role in facilitating negotiations and implementing monitoring and control mechanisms. At the same time, risk management tools, such as cooperation in naval exercises and information exchange, are essential for reducing incidents and preventing escalation. In this regard, case studies and best practices in the region highlight the importance of an integrated approach that combines compliance with international norms with adaptation to local particularities.
In conclusion, taking a proactive stance in regulating and managing sub-conventional conflicts must be a priority for ensuring stability and security in the Black Sea. Improving the legal framework, strengthening dialogue, and consolidating regional cooperation are fundamental steps in preventing major conflicts and protecting the marine environment and the legitimate interests of all riparian states. Thus, a strategic and coordinated approach becomes essential to ensure peaceful and sustainable coexistence in this sensitive region.
MARITIME SECURITY FORUM
[1] Director of the Maritime Security Forum/Admirals Club