Historic and vital bays: An analysis of libya's claim to the gulf of sidra

Abstract

Abstract On August 19,1981, a Libyan SU‐22 aircraft fired upon two United States Naval F‐14 aircraft conducting maneuvers over the Gulf of Sidra, off the coast of Libya. The U.S. aircraft returned the fire and shot down the Libyan aircraft. The subsequent dispute was based on Libya's contention that the Gulf of Sidra is a historic and vital bay and is, therefore, Libyan internal waters, making overflight by U.S. aircraft a violation of its sovereignty. This article discusses the history of the dispute between the United States and Libya and the legitimacy of Libya's claim to the Gulf under international law. This review includes a discussion of the law of delimitation of bays and, in particular, the law of historic and vital bays in relation to the factual setting of the dispute. It is concluded that Libya's claim violates international law and that the United States acted within its rights in engaging in maneuvers over the Gulf.