Category: Delimitation

By: Alex Oude Elferink

Decision commented on: Final Award pursuant to the Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia, signed on 4 November 2009, Final Award 29 June 2017

The Final Award in the Arbitration between Croatia and Slovenia dealing with their land and maritime boundaries was the subject of an earlier post on this blog. The current post aims to look in more detail at delimitation of the territorial sea boundary by the Tribunal and in that connection considers how it fits with the extensive case law of the International Court of Justice and other tribunals on the delimitation of maritime boundaries. For further background information on the Arbitration and the Award reference may be had to the earlier post of Nigel Bankes, The Maritime Aspects of the Award in the Arbitration between Croatia and Slovenia, on this blog.

By: Nigel Bankes

Decision commented on: Final Award pursuant to the Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia, signed on 4 November 2009, Final Award 29 June 2017

The long awaited Final Award in the Arbitration between Croatia and Slovenia dealing with the land and maritime boundaries (and related matters) between the two States was delivered on 29 June 2017 – over three years after the hearings in this case, held in the first half of June 2014, were closed. This post deals with the maritime aspects of the Award, which included the determination of the maritime boundary between the two countries, “Slovenia’s junction” to the high seas, and the regime for the use of the relevant maritime areas.

By: Nigel Bankes

PDF Version: The relationship between declarations under the optional clause of the Statute of the International Court of Justice and Part XV of the Law of the Sea Convention

Case commented on: Maritime Delimitation in the Indian Ocean (Somalia v Kenya), Preliminary Objections, Judgment, 2 February 2017

Somalia instituted proceedings against Kenya in the International Court of Justice (ICJ or the Court) in August 2014 concerning a dispute in relation to “the establishment of the single maritime boundary between Somalia and Kenya in the Indian Ocean delimiting the territorial sea, exclusive economic zone . . . and continental shelf, including the continental shelf beyond 200 nautical miles” (Somalia’s Application). In so doing Somalia relied upon Optional Declarations made by both states pursuant to Article 36(2) of the Statute of the Court. Kenya raised a preliminary objection as to the jurisdiction of the Court and also argued that the Court should treat Somalia’s application as inadmissible. On 2 February 2017, the Court released its judgment in respect of these preliminary objections.

This post explains the basis of Kenya’s arguments in respect of the jurisdiction of the Court and the admissibility of Somalia’s claim. It reviews the Court’s Judgment and dissenting opinions and declarations and offers some concluding remarks focussing on the relationship between declarations under the optional clause of the Statute of the International Court of Justice and Part XV of the Law of the Sea Convention (LOSC).