6 - Case Law Involving the Rights and Obligations of States in Disputed Maritime Areas

Summary

Two cases that touch on the rights and obligations of States in disputed maritime areas, which have been rendered prior to the entry into force of the LOSC, are Aegean Sea Continental Shelf (Interim Measures) and Guinea-Bissau v. Senegal. After the LOSC became binding on the States parties thereto, the scope and content of Articles 74(3) and 83(3) LOSC were dealt with in Guyana v. Suriname, with both sides to the dispute alleging breaches of the two obligations contained therein. Two more recent cases are Ghana/Côte d’Ivoire and Somalia v. Kenya. Here, the States concerned faced several difficulties because of activities having been undertaken unilaterally within their disputed areas. In the maritime boundary dispute between Ghana and Cȏte d’Ivoire, both the judgment and the interim measures order given by the Special Chamber elaborate on the lawfulness of acts that were unilaterally undertaken by Ghana in their disputed maritime area. The chapter also addresses how the case law relating to the indication of interim measures of protection has an influence on disputed maritime areas, and the rights and obligations that States have in this regard.