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Thus, Somalia filed an Application for instituting proceedings against Kenya on Augbefore the International Court of Justice (ICJ). However, both withdrew their objections later.Somalia then claimed that the matter be referred to the World Court. Somalia objected to the consideration by the Commission of the submissions made by Kenya on the basis that there existed a maritime boundary dispute between the countries and claimed that the MoU is void and it has no effect.
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#NAUTICAL BORDERS FOR WORD REGISTRATION#
But, Somalia raised objections against the binding nature of the MoU in 2010 claiming that it is ‘not actionable.’Īgain in 2014, Somalia objected the registration of the MoU as well as challenged the validity of the MoU. This MoU was registered by the Secretariat of the United Nations. In 2009, a Memorandum of Understanding was signed between Kenya and Somalia granting each other no-objection in respect of submissions on outer limits of its continental shelf beyond 200 nautical miles to the Commission. However, the countries could not come to a conclusion with respect to the boundaries of their territorial waters.
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Moreover, Article 5 of the Commission’s Rules of Procedure stated that the Commission may consider submissions by States in the areas of dispute between two States in case of unresolved maritime border disputes with prior permission of the countries. This ratification gave them the right to inform the Commission on the Limits of the Continental Shelf, about any intention to establish outer limits of its continental shelf beyond 200 nautical miles within ten years.
#NAUTICAL BORDERS FOR WORD FULL#
Both the countries are fighting to earn rights over the oil and gas deposits in that region which have full potential to be exploited in the long run.Both the countries have ratified the United Nations Convention on the Law of the Sea (UNCLOS) in 1989. This situation leads to the formation of a triangle of disputed area of about 100,000 square kilometers in the Indian Ocean.
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parallel to the line of latitude from Kenya’s land boundary. However, Kenya believes that the maritime border for its territorial waters is straight line towards the east, i.e. Somalia claims that the boundary of its territorial waters extends in line with the southeast extension of its land border. The matter of contention is the narrow triangular shaped region in the Indian Ocean. The coastlines of both the countries face the Indian Ocean to the east. The Federal Republic of Somalia is located in the Horn of Africa andit borders northeast Kenya. The maritime boundary dispute between Somalia and Kenya has been in existence since ages. The International Court of Justice, on Februruled that it had jurisdiction to hear Somalia’s application that was filed to institute proceedings against Kenya. This post has been submitted by Archita Mohapatra, a fifth year student of National Law University, Odisha.