Government of the State of Eritrea and Government of the Republic of Yemen (Phase Two: Maritime Delimitation)

Abstract

Arbitration — Compromis — Arbitration in two stages — Agreement on Principles and Arbitration Agreement — Phase One on territorial sovereignty — Phase Two required to decide on maritime delimitation — Applicable law — United Nations Convention on the Law of the Sea, 1982

Sea — Delimitation of maritime boundaries between Parties — Eritrea and Yemen — States with opposite coasts — Single international boundary line — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Delimitation of exclusive economic zone — Delimitation of continental shelf — Requirement of equitable solution — Median or equidistance line — Applicability as international boundary — Normal baseline — Use of low-water line — Presence of islands — Determination of relevant coasts — Relevance of straight baseline — Relevance of fishing and fisheries in Red Sea — Relevance of petroleum agreements — Mineral resources — Nature and relevance of traditional fishing regime — Whether shared maritime zones around islands requiring delimitation — Other relevant factors — Proportionality Relevance of non-geographical circumstances — Northern and southern extremities of boundary line

Treaties — United Nations Convention on the Law of the Sea, 1982 — Eritrea not party to Convention — Eritrea accepting applicability of Convention for purposes of delimitation — Convention incorporating customary law of sea

Territory — Sovereignty — Sovereignty over islands in Red Sea between coastlines of Eritrea and Yemen settled in Phase One of Award — Tribunal to delimit maritime boundaries taking into account its opinion on questions of territorial sovereignty — Nature of sovereignty — Relevance to delimitation

War and armed conflict — Eritrea-Yemen hostilities 1995 — Agreements ending conflict — Agreement on Principles — Arbitration Agreement — Phase One of Award having settled dispute on question of territorial sovereignty peacefully — Phase Two of Award to settle question of maritime boundaries peacefully