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A Study On The Dispute Concerning Delimitation Of The Maritime Boundary Between Ghana And C(?)te D'Ivoire In The Atlantic Ocean And Its Implications

Posted on:2019-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2416330545498341Subject:International Law
Abstract/Summary:PDF Full Text Request
The Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Cote d'Ivoire in the Atlantic Ocean(Ghana/Cote d'Ivoire)is one of the most important global maritime delimitation cases.The dispute over maritime delimitation between the two countries were accompanied by competition for oil and gas.The Special Chamber of the International Tribunal for the Law of the Sea(ITLOS)handed down its judgment on 23 September 2017.The Ghana/Cote d'Ivoire case is a model for the peaceful settlement of international disputes,from the creation of the initial dispute to the process of seeking an effective dispute settlement mechanism,as well as the subsequent development of the parties'compliance with the Tribunal's rulings.This thesis analyzes this case and its implications for China's settlement of maritime disputes.In this case,the Special Chamber followed the strict criteria in international jurisprudence for the existence of tacit agreement and concluded that there was no tacit agreement between the parties.The delimitation method of equidistance/relevant circumstances was used and a single maritime boundary was established for the territorial seas,EEZ,and continental shelf within and beyond 200nm.The Special Chamber considered that the unilateral oil activities carried out by Ghana in the disputed area did not violate the sovereign rights of Cote d'Ivoire,did not violate the obligations under the Convention,nor did they constitute a violation of the provisional measures,and therefore it did not lead to international responsibility.This thesis shows that in this case the judgment of the Special Chamber followed the general rules of international law for maritime delimitation,enhancing the certainty of maritime delimitation rules and reflecting the trend of maritime delimitation law.The standard of a tacit agreement must be "convincing".The single maritime delimitation and equidistance/relevant circumstances method are widely used,but they are still not mandatory legal obligations.The concept of "equity" in maritime delimitation shifts from emphasizing outcomes to emphasizing process,which is conducive to realizing an "equitable solution".For the delimitation of the continental shelf beyond 200 nm,the development of the state practice and international jurisprudence needs to be improved.Before the delimitation,unilateral oil activities in the disputed sea areas must follow the principle of good faith and meet the obligations under Article 83(3)of the Convention.This case sheds light on the settlement of maritime disputes involving China.In the disputes over the delimitation of the East China Sea,to fully safeguard China's maritime rights and interests,we must guard against the impact of the single maritime delimitation and the equidistance/relevant circumstances method,we should insist on the principle of natural prolongation of the continental shelf.The threshold of provisional measures is very low and thus we must be alert to the abuse of it.Moreover,we must comply with the obligations under UNCLOS during the transition period.
Keywords/Search Tags:Ghana/Cote d'Ivoire, Maritime Delimitation, UNCLOS, Equity
PDF Full Text Request
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