The Law of Treaties in Wartime: The Case of the Black Sea Grain Initiative

Nov 10, 2022 | Gregor Novak and Helmut Aust
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The Black Sea Grain Initiative (BSGI) was in the spotlight recently following a nail-biting attempt by Russia to suspend its participation in one of UN Secretary-General Guterres’ signature humanitarian efforts.

Russia’s invasion of one of the world’s ‘breadbaskets’ aggravated an already dire global food security situation, with over 800 million people facing hunger in 2021. In this context, UN Secretary-General (UNSG) Guterres enlisted Russia, Ukraine, and Turkey in a plan to ensure the safe transportation of grain and related foodstuffs and fertilizers from three Black Sea ports. By increasing the supply of foodstuffs and fertilizers in global markets, the BSGI was expected to help stabilize food prices and appears to have delivered on its promise.

The BSGI runs for 120 days, but is to be extended “automatically” unless a party requests to terminate or modify it. Until late October 2022, a total of nearly 10 million metric tons of foodstuffs had been transported via the BSGI, which is still under the expected capacity of up to 5 million metric tons per month. 

The BSGI raises several issues touching upon the law of treaties. Understandably, commentators have paid little attention to international law’s role in the Initiative’s conclusion and implementation.