The Indian Ocean border dispute between Kenya and Somalia: Unclos; ICJ Explained
The maritime dispute is said to form a crucial part of the diplomatic quarrel between Kenya and Somalia. The main point of disagreement between the two neighbours is the direction in which their maritime boundary in the Indian Ocean should extend. The triangular area thus created by the dispute is around 1.6 lakh sq km large, and boasts of rich marine reserves. It is also believed to have oil and gas deposits. Somalia in 2014 asked the International Court of Justice (ICJ) to adjudicate.
LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982.
The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994; a year after Guyana became the 60th nation to ratify the treaty.
The convention set the limit of various areas
Territorial waters :Out to 12 nautical miles (22 kilometres; 14 miles);
Contiguous zone: Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs, taxation, immigration and pollution;
Exclusive Economic Zones (EEZs): These extend 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).
The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.
ICJ president judge Joan E. Donoghue
The Indian Ocean is located between Africa and Austral-Asia and the Southern Ocean. The Indian Ocean is the world’s third largest ocean and covers 20% of the Earth’s surface, after the Pacific and the Atlantic Oceans. It provides critical sea trade routes that connect the Middle East, Africa, and South Asia with the broader Asian continent to the east and Europe to the west. A number of the world’s most important strategic chokepoints, including the Straits of Hormuz and Malacca; Suez Canal.
0 Comments