Maritime Delimitation
The status of Snake Island was important for delimitation of continental shelf and exclusive economic zones between the two countries. If Snake Island were recognized as an island, then continental shelf around it should be considered as Ukrainian water. If Snake Island were not an island, but a rock, 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 (ICJ) in a dispute concerning the maritime boundary between the two States in the Black Sea.
On February 3, 2009, the ICJ delivered its judgment, which divided the sea area of the Black Sea along a line which was between the claims of each country. The Court invoked the disproportionality test in adjudicating the dispute, noting that the ICJ, "as its jurisprudence has indicated, it may on occasion decide not to take account of very small islands or decide not to give them their full potential entitlement to maritime zones, should such an approach have a disproportionate effect on the delimitation line under consideration" and owing to a previous agreement between Ukraine and Romania, the 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" previously agreed between the parties.
Read more about this topic: Snake Island (Black Sea)