Abstract

Despite African states massive support to the event of UNCLOS, their envy to possess ocean resources is gradually getting entangled in the implementation of UNCLOS provisions regarding the delimitation of maritime boundaries upon which they can enjoy sovereign rights or claim sovereignty. The complacency of these provisions is enraging African states on their attempts to appropriate maritime resources. These states do adopt divergent interpretations which entail conflicts that negotiations fail to resolve. Moreover, considering that inviolability principle, uti possidetis principle and even the principles of delimitation adopted by the Court to resolve maritime delimitation issues often result on biased outcomes, it is imperious to think about a concrete way to favor negotiation on a win-win basis. While this paper briefly highlights African states’ efforts on the realization of UNCLOS, it does find out some attitudes that encourage and complicate friendly neighborhood relations. It therefore suggests stepping forward on cooperating through joint development agreements to explore and exploit maritime resources found on the disputed zones.

Highlights

  • IntroductionThe sea cause caused curiosity and passion through its mystery and its perfume of adventure

  • Since immemorial time, the sea cause caused curiosity and passion through its mystery and its perfume of adventure

  • The principle of inviolability is closely intertwined with the manner in which the OAU decided to avoid armed conflicts over territorial claims and promote friendly relationship between African states, until a satisfactory and peaceful solution is found by the Parties to a territorial dispute in conformity with international law

Read more

Summary

Introduction

The sea cause caused curiosity and passion through its mystery and its perfume of adventure. In order to codify ocean’s usage and stop abusive nationalization of parts of ocean the First United Nations Conference on the Law of the Sea (UNCLOS I) was convened. Through this Conference, every sovereign state is given opportunity to attend the discussions on the new rule that could govern ocean’s usage. Resolve Current or Future Maritime Boundary Delimitation Dispute Issues comprehension of that fact should necessarily pass through the best practice on implementing UNCLOS by states parties because the regime for oceans and seas established by UNCLOS deals with a wide range of issues on ocean affairs and recognizes that the problems of ocean space are closely interrelated and need to be considered as a whole. The idea of agreeing a practical arrangement to cooperate and manage the resources beneath the disputed zone are ignored or discussed in vain

Attitude of African States on the Regulation of the Law of the Sea
African States Attitude After UNCLOS
UNCLOS Ambiguities Regarding Maritime Zones’ Delimitation
Some Explicative Reasons
Political Reasons
Economic Reasons
Do African Coastal States Refer to UNCLOS’s Dispute Settlement Mechanisms
Settlement of Dispute Under UNCLOS
African States’ Preference in Choosing Their Dispute Settlement Method
Findings
Concluding Remarks
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call