Boundary Disputes Research Articles

Why Joint Development Agreement Is the Preferred Model for Settling the Kenya–Somalia Maritime Boundary Dispute

ABSTRACTThis policy brief delves into the procedures surrounding maritime zone disputes under UNCLOS and assesses their efficacy in settling prolonged maritime disputes that involve straddling natural resources and livelihoods in the context of Kenya–Somalia. Given the rise in maritime border disputes across Africa, the brief further examines the use of joint development agreements (JDAs) as a temporary measure for resolving such disputes. It analyzes the challenges associated with using JDAs to address maritime boundary delimitations, their impact on peace and security, and their relationship with local contexts, particularly concerning straddling natural resources and livelihoods. Ultimately, the brief aims to offer practical recommendations for resolving prolonged maritime disputes between neighboring states in Africa, with an emphasis on Kenya and Somalia.

Penanganan Sengketa Pertanahan dalam Perspektif Agraria

Dispute is an inseparable part of conflict, which can occur in various aspects of daily life. Studying disputes is crucial to understand their nature and resolution methods. This research uses a normative research method with prescriptive research specifications and a comparative, conceptual, and historical approach. Data is collected through a bibliographic study from primary, secondary, and tertiary legal sources. Land conflicts are often caused by issues such as boundary disputes, inheritance, state land control, and legal uncertainty in land tenure, which fundamentally stem from the imbalance of land rights ownership and uncontrolled land conversion. Land dispute resolution can be carried out through litigation and non-litigation pathways. The litigation pathway offers legal certainty, execution power, and transparency but has weaknesses in terms of cost, time, and its confrontational nature. Conversely, the non-litigation pathway is more efficient in terms of cost, time, and its collaborative nature, but is limited in terms of execution and legal certainty. Therefore, the choice of dispute resolution method must consider the characteristics of the dispute and the needs of the parties involved.

The fallacy of uti possidetis juris: transboundary fishing in disputed maritime boundaries as a threat to Africa’s peace and security

ABSTRACT Africa’s oceans and seas and their resources are crucial for the economic and food security of Coastal States and Small Island Developing States (SIDS). However, sustaining these contributions is undermined by depleting resources and other security threats at sea. Given the transboundary nature of oceans resources and the threats that pervade them, maritime boundary disputes further complicate the situation, by making maritime security cooperation difficult for African countries, especially against illegal fishing. Our transdisciplinary paper draws evidence from legal, security, and development literature, policy documents, and expert insights to highlight the impact of maritime boundary disputes on maritime cooperation and security. Our argument is threefold: first, the principle of uti possidetis juris has resulted in artificial boundaries, propelling maritime boundary tensions and, arguably, in some cases, inflaming them. Second, delimitation exercises, often the outcome of applying the uti possidetis juris principle, limit opportunities for cooperation in managing shared resources and security. Third, irrespective of boundary disputes, the ambulatory nature of fish forces fishers to encroach into neighbouring waters. This paper concludes that addressing these challenges requires a comprehensive approach to oceans governance, acknowledging the transboundary nature of threats and promoting joint management arrangements as a mechanism for settling boundary disputes.

Major Conflicts Between India and Pakistan: A Critical Analysis of Historical Tensions and Geopolitical Dynamics

Relations between India and Pakistan have remained parallel end and worst hostile as well ever since independence in 1947. In nearly 75 years, there were three wars between the two and a number of serious localized military clashes, including those on Ran of Ketch in 1965, followed by Kargil in 1999.The disputed territory of Kashmir played a significant role to maintain continuity, focusing the past conflicts of 1947 and 1965. As these two countries exploded nuclear weapons in 1998, their long-standing hostility has attracted and seriously concerned by the international community that their competition could rise to a nuclear war and cause disasters to both countries and the world as well. Whereas the Kashmir including some other outstanding issues, such as, water dispute, Sir Creek, Siachen and boundary disputes have also recorded the extreme level of conflicts between the two rivalries. Regionalism has played a significant role in European continent; however, in South Asia hegemonic attitude of India has marginalized the role of regional organizations such as SAARC. The world and south Asia witnessed the changes over two decades after the cold war, the liberalization of world trade, the growth of fundamentalism and revolutionary changes in the field of communications. Recognizing the intensity of the relations, India and Pakistan’s changing regional and international affairs which has drastically impaled to the leaders and governments of both the countries to initiate talks on their outstanding issues. The cross-border talks were an initiative step which attempted to provide a new forum to debate on these substantive issues resulted in the division of the two nations. Keeping in view the cited developments and their influences on the relations between India and Pakistan, some factors remained constant, the unresolved dispute over Kashmir, the growth of military spending, moves towards Nuclearization and perpetuation of an “adversarial psychosis” are still under question. This research has critically analyzed historic rivalry between India and Pakistan. It has also provided viable recommendations that how to contain major irritants between two States especially Kashmir issue and Nuclearization in region. In this research the purposive sampling method is used to justify the given hypothesis and objectives. The date is collected through the secondary data and results are deducted from the analytical approach.

Communication Strategy in Handling Land Boundary Disputes at the Land Office of Lhokseumawe City

This research aims to determine the communication strategy used by the Dispute Control and Handling Section of the Lhokseumawe City Land Office in managing land boundary disputes. The main theories and concepts used are communication strategy, organizational communication, and persuasive communication. This research uses a qualitative approach with a case study method, data collected through observation and interviews with employees involved in handling land boundary disputes. The results of this study found that the Lhokseumawe City Land Office uses a caucus process in its communication strategy in handling disputes, in contrast to the more commonly used direct mediation approach. The stages of dispute handling are in accordance with Hafied Cangara's five-step communication planning model. Analysis of the communication dimensions shows that internal communication occurs both vertically and horizontally through meetings, phone calls, and WhatsApp messages, involving reciprocal exchanges between leaders and employees and between employees. External communication involves the office acting as a facilitator during meetings. Persuasive techniques identified include integration, which involves negotiation, and fear induction, which highlights the potential consequences of unresolved disputes. The implications of this research underscore the importance of structured communication planning and strategy in effective dispute management. The findings suggest that other government agencies may benefit from adopting a similar approach. The use of effective persuasive techniques can improve the efficiency of dispute resolution.

Extending the professional borders or maintaining the status quo? Union membership as boundary work

Disruption and changes within the profession of journalism instigate boundary disputes. In this article, we analyse boundary work ‘in the making’, with the debate about membership rules within the Norwegian Union of Journalists as a case. The research question asked is: How do positioning and rhetoric in the membership debate evoke boundary struggles in journalism, and how do they reflect the internal professional hierarchy? Theoretically anchored in the sociology of professions, this study is based on qualitative text analysis of debate articles in the specialist magazines Journalisten and Medier24, as well as qualitative interviews. The findings suggest two main positions. On the one hand, a struggle to protect pure professional identity, values, and integrity. On the other, arguments regarding union power and impact and the contention that in today’s digital media landscape journalism in practice involves a wide range of competencies. The two positions suggest a tension between white-collar professionalism and blue-collar unionism. This study contributes to our understanding of the shifting boundaries of journalism, and how changes in external conditions also impact upon internal professional identity.

Maritime Boundaries after Delimitation

Abstract Legal scholars who have researched delimitation of maritime boundaries have generally restricted their inquiry to the stage leading to the drawing of the line and its incorporation into a treaty or judicial decision. This approach, however, cannot account for the fact that, sometimes, treaties and decisions will not be applied and may be contested by one or both parties to the boundary dispute. This article starts an inquiry into maritime boundaries after delimitation, examining the rules that may apply and drawing conclusions not only on the need to develop further rules addressing consequent stages, but also to probably think again the existing rules concerning the previous stages.

Bangladesh-India Land Boundary Agreements, 1974-2015: Context, Correlations and Territoriality

Bangladesh and India share 4096.7 km. land boundary, which was drawn between India and the eastern part of Pakistan (East Bengal) by the Radcliffe Award during the partition of 1947. This boundary became the Bangladesh-India boundary after the liberation of Bangladesh in 1971. Therefore, the Pakistan-India land boundary disputes over the un-demarcated boundary, adverse possessions and enclaves transformed into Bangladesh-India ones. These land boundary disputes witnessed one summit-level agreement between Pakistan and India and three summit-level agreements between Bangladesh and India. However, the land boundary disputes were eventually resolved under the land swap deal of 2015. This striking background led to the question as to why these issues were hung up for 68 years, what contexts led to several summit-level agreements on the same issues, and what were the correlations among the agreements. Against this background, this article attempts to shed light on how India, being the big neighbour, dominated the entire trajectory of the land boundary disputes and how it changed its agreed positions from one agreement to another. However, the main objective of this article is to see whether India’s territoriality towards its border with Bangladesh was gradually transformed into the pattern of a zero-sum game during the period from 1974 to 2015, and what was the corresponding territoriality of Bangladesh. Journal of the Asiatic Society of Bangladesh (Hum.), Vol. 69(1), 2024, pp. 89-106

Walking the Line: Boundary Work and Boundary Disputes in Alcohol Science.

Walking the Line: Boundary Work and Boundary Disputes in Alcohol Science.

Penyelesaian Sengketa Batas Tanah melalui Mediasi di Luar Pengadilan Demi Tercapainya Win-Win Solution di Kabupaten Boyolali

The purpose of this service is to find out how to resolve land boundary disputes through mediation to achieve a win-win solution and what obstacles or obstacles arise in the implementation of land boundary dispute resolution through mediation. The method of community service is by means of lectures and discussions. Settlement of legal problems, especially land boundary disputes, has been accommodated by the state which has been outlined in national regulations through alternatives in court, namely filing a lawsuit and outside of court through mediation efforts. Of course, each route has advantages and disadvantages. A lawsuit in court results in a party winning or losing, while mediation outside of court results in neither party being harmed. Obstacles or barriers that arise in the implementation of Land Boundary Dispute Resolution through Mediation are the difficulty of uniting the desires and interests of both parties as well as the nature of not wanting to give in and feeling that each of them is the most right. However, mediation efforts require the skills of a mediator or intermediary to find solutions to problems that occur. The willingness of the parties to give in to each other and reduce each other's demands is an important key to achieving the goal of common good and prosperity so that no party feels disadvantaged.

Mission Rivalries, Conflicts, and the Construction of Protestant Christian Identities in Colonial Malawi

This article delves into the historical background of mission work in colonial Malawi, specifically focusing on the crucial link between mission boundaries and the development of Christian and ethnic identities. The study examines the collaboration and conflicts that arose among missions due to overlapping spheres of influence and territories. It highlights the extent of cooperation between the Livingstonia Mission, Dutch Reformed Church Missions, and other missions operating under the Federated Board of Nyasaland Mission. In particular, the article will discuss the extent to which missionary boundaries affected the self-understanding of Christians and other ethnic groups and how they were expressed in the communities in which they lived. It is argued that Christian identity in colonial Malawi was a by-product of mission rivalries, which manifested in boundary disputes.

The Responsibility of Natural Resources Conservation Center in Preventing Encroachment of Conservation Forest Areas in East Nusa Tenggara

This research aims to examine the relationship between the increase in encroachment on conservation forests and the classification of forests based on their ownership status, as well as assess the East Nusa Tenggara BBKSDA's responsibility in addressing conservation forest encroachment. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that land ownership claims, boundary disputes, and a lack of community understanding regarding conservation forest status are the primary causes of encroachment. Although the East Nusa Tenggara BBKSDA has taken various proactive steps to address conservation forest encroachment, the issue has not yet been fundamentally resolved. Therefore, it is recommended that the Local Government and East Nusa Tenggara BBKSDA take concrete measures to tackle the ambiguity of land ownership status, which is one of the root problems of conservation forest encroachment. These measures could begin with reviewing and updating data related to land boundaries and ownership status, followed by mediation between the government and the community to resolve border disputes fairly and transparently. Furthermore, it is essential for traditional institutions and local communities to actively participate in this process actively, utilizing local knowledge and traditions in determining fair and mutually recognized land boundaries. The Local Government and BBKSDA must also enhance efforts to socialize and educate the community about the importance of conservation forests, including the long-term benefits of forest conservation for environmental sustainability and the local economy. These efforts should be carried out through effective communication appropriate to the local cultural context so that the community can accept and value the importance of conservation forests.

Impact of India-China Border Conflicts on the Changpas of Eastern Ladakh

The national security of a country is closely tied to the welfare of its border residents. The unsettled boundary dispute between India and China in Eastern Ladakh has far-reaching consequences for the well-being of the border residents in Ladakh. This analysis seeks to comprehend how this geopolitical disagreement has impacted the socio-cultural and economic activities. The research methodology incorporated includes data from books, journals, internet sources, and field interviews related to the subject. The findings of this study indicate that the socio-economic conditions of the border residents have been adversely affected by the ongoing boundary conflict between the two nations.

An Examination of the Kenyan Objectives Related to the Government’s Management of Boundary Disputes with Somalia on the Maritime Boundary

An Examination of the Kenyan Objectives Related to the Government’s Management of Boundary Disputes with Somalia on the Maritime Boundary

The Eastern Sector Border in Relations Between India and China in the 21st century: An Analysis

This Paper basically aims to discuss about the contemporary discourse of the India-China border dispute in the eastern sector in the beginning of the 21st century. It includes the study of changing patterns of India- China border dispute in the eastern sector and about the official attempts to settle border dispute, particularly in the eastern sector. Because, in the last century, both India and China had taken considerable measures for settlement of boundary question in several times. Also, both the country had agreed and forwarded their will to boundary settlement, ensuring peace and tranquilities across the border areas. It was extended in the beginning of the 21st century for resolving boundary dispute with a permanent solution between India and China. But, after all these significant events, the world’s longest and most complex boundary dispute had not been resolved till today. Rather, China has increased their aggressive territorial claim over Indian jurisdictions. As such, this environment directly affects in the both countries’ relationship that has been challenged the stabilities and peace across the Asian theatre. Thus, it provides tremendous scope to study the political geography of the India- China border dispute in the eastern sector as the Chinese has started claiming their territorial rights aggressively in the Indian state of Arunachal Pradesh, in the eastern sector borderland.

Farmland management and community conflicts in the commune of Gogounou

Sustainable land management is at the heart of Africa's development challenge. However, access to and control over natural resources is becoming the main source of conflict between rural producers, particularly farmers and agro-pastoralists. The aim of this study is to analyse farmland management and community conflicts in the commune of Gogounou. The methodological approach is based on data collection, processing (statistical processing; cartographic processing with ArcGIS) and analysis of the results using the SWOT model (Strengths, Weaknesses, Obstacles, Threats). A total of 128 producers were interviewed using an interview guide and a questionnaire. The results of this methodological approach show that the main method of acquiring agricultural land is inheritance (55.86%), which is used for farming (77%) and livestock rearing (23%). However, crop rotation (72.80%) is the most widely used farmland management technique. For 82% of farmers, boundary disputes are the most dominant issue, followed by family disputes (14%) and, lastly, litigation (5%). The main players involved in conflict management are the district chiefs, village delegates or chiefs, the town hall, the police station and the court. In order to deal with this situation, it is imperative that prospects be defined for better land management and real development of farming activities.

From the Labrador Sea to the Lincoln Sea: territorial and boundary disputes between Canada and Denmark (1970-2020s)

In the 1970s two territorial disputes arose between Canada and Denmark in the Arctic: about the ownership of Hans Island and about the boundary in the Lincoln Sea. In 2005 the two countries agreed to avoid provocative actions in negotiations over Hans Island. In 2012 Canada and Denmark reached a tentative agreement on the boundary in the Lincoln Sea, which was formed on an equidistance principle. In 2022 the two countries agreed to divide Hans Island and also resolved the issue that arose in the 2010s over the delimitation of the continental shelf in the Labrador Sea. An important role in the successful resolution of these disputes was played by the Canadian-Danish Task Force on boundary issues.

A Geopolitical Assessment on Eastern Mediterranean Hydrocarbon Resources, Maritime Jurisdiction and Boundary Disputes

Doğu Akdeniz tarihi çağlardan beri birçok uygarlık ve devletin hâkim olmak için güç mücadelesinde bulunduğu ve ele geçiren devletlerin ise o dönemin en güçlü devlet veya imparatorluğu haline geldiği stratejik bir iç deniz olmasının yanında doğu ve batı arasındaki ticaretin omurgasını oluşturan jeopolitik açıdan dünyanın merkezi diyebileceğimiz bir konumdadır. 21. yy. başlarında bölgede keşfi yapılan hidrokarbon (petrol-doğalgaz bileşimleri) kaynakları bölgenin jeopolitik niteliklerine yeni ve çok önemli bir faktör eklemiştir. Doğu Akdeniz havzasında menfaati olan devletler bir taraftan bu bölgedeki kaynaklara sahiplenmek için kendi aralarında güç mücadelesine girerken, bir taraftan da küresel boyutta faaliyet gösteren enerji şirketlerini bu kaynakları araştırmak ve çıkartmak için davet etmişlerdir. Bölgede yer alan devletler deniz yetki alanlarını belirlemek için MEB (Münhasır Ekonomik Bölge) sınırlarını 2’li 3’lü anlaşmalarla garanti altına almaya çalışmıştır. Bunun için her devlet kendi yetki sınırını belirlerken farklı özelliklerini ön plana çıkarmak istemiş bu da Doğu Akdeniz’de deniz yetki sınırları anlaşmazlıklarını ortaya çıkarmıştır. Bölgede bulunan devletlerden Türkiye, Libya ve KKTC farklı bir blok, Yunanistan, Mısır, İsrail ve GKRY ise farklı bir blokta yer almıştır. Bu ikili yapının birbirleriyle yaptıkları MEB sınır anlaşmaları yine birbirlerinin deniz yetki alanlarının çakışmasına neden olmuştur. Bu anlaşmalar sırasında belirlenen ortay hatlar ve diyagonal hatlar esası bu sorunların büyümesine ve anlaşmazlıklar çıkmasına yol açmıştır. Bu çalışmanın amacı Doğu Akdeniz havzasında imzalanan MEB sınırlarını ve uyumsuzluklarını elde ettiğimiz ulusal ve uluslararası verilerden yola çıkarak Arc Map 10.4 sistemiyle haritalayıp coğrafi bir perspektifte çözüm önerileri sunmaktır.

Proses Terjadinya Sengketa antara Desa Pakan Dalam dengan Desa Paramaian Kecamatan Daha Utara Kabupaten Hulu Sungai Selatan, 2009-2021

The land boundary dispute between Pakan Dalam Village and Paramaian Village was triggered duet o the issuance of an Oil Palm Plantation Right to use permit in Hulu Sungai Selatan Regency and occurred duet o the issuance of a Certificate of Land Ownership unilaterally by Paramaian Village on existing lands in Pakan Dalam Village and cause changes in the image on the map in the Central Bureau of Statistics book of Hulu Sungai Selatan Regency in 2009. The purpose of this study is to explain the process of dispute occurrence starting from the pre-conflict, confrontation, crisis, and post conflict periods from 2009-2021. This research uses the Historical Method which in writing goes through the heuristic stage, data is collected from interviews nd documents. Criticism is made to find out the veracity of the data. Interpretation is carried out to analyze the data. The las tis historiography, which is to write systematically based on chronological narratives. The results of the study, in 2009 were shown by changes in map image, in 2016 the Pakan Dalam Village goverment sent a letter to the Central Bureau of Statistics of Hulu Sungai Selatan Regency, in 2017 the peak of the dispute problem, in 2020 the problem began to subside, and in 2021 there was a peace agreement at the Daha Utara Subdistrict Office. The conclusion is the dispute occurred because of the existence of an Oil Palm Plantation Company, the dispute began in 2009 and ended in 2021 with an agreement to make village pegs at each coordinate point of each village.

ANALISIS SENGKETA KEPEMILIKAN AMBALAT ANTARA INDONESIA DAN MALAYSIA DALAM PRESPEKTIF SIYASAH DUSTURIYAH

The Ambalat Block belongs to Indonesia, this is based on evidence of the signing of the Indonesia-Malaysia Continental Boundary Agreement on 27 October 1969, which was signed in Kuala Lumpur and then ratified on 7 November 1969. This type of research is considered normative research. The nature of this research is descriptive analytical. Data was taken from two sources, namely primary sources and secondary sources. The approaches used are statutory, historical and conceptual. The data collection method was carried out using a literature study, namely a method in the form of collecting legal materials, obtained from library books or other readings that are related to the problems of the Ambalat sea dispute and siyasah dusturiyah. The results of this research concluded that Malaysia has ignored the fact that its country is a coast and not an island nation. Maritime boundary disputes up to the resolution of disputes between Indonesia and Malaysia are regulated in Law Number 17 of 1985 and UCLOS 1983. Fiqh Siyasah regarding the Ambalat Sea territorial boundary dispute between Indonesia and Malaysia is included in the Siyasah Dusturiyah category which discusses wizarah or assistants to the Imamah which can be interpreted as the minister in charge of resolving internal and external problems within the state and as supervisor of state administration. So it can be concluded that the Minister of Defense or Wazir Amirul Jaisy in resolving cases between the State of Indonesia and the State of Malaysia regarding territorial boundary disputes in the Ambalat Sea can be resolved using the law Islam by making peace, and not separating or being hostile to each other
 Keywords: Ambalat, Dispute, Siyasah Dusturiyah