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The Impact of Judicial Delimitation on Private Rights Existing in Contested Waters: Implications for the Somali-Kenyan Maritime Dispute

Pappa, Marianthi

Authors



Abstract

This article raises concerns about the impact of judicial delimitation on private exploratory rights existing in contested waters. These concerns stem from the tendency of judges to disregard any non-geographic factors during the process of maritime delimitation. This practice allows for the reallocation of the private rights in question and eventually creates tension between public international law and private law. This is discussed in the context of the Somali-Kenyan maritime dispute, which is currently under judicial consideration. The article will demonstrate that, insofar as international judges apply the standard doctrines of delimitation, the prospective judgment may cause the reallocation and, ultimately, the frustration of Kenya's private exploratory contracts in the disputed area. It suggests that a unitization agreement entered after delimitation may reverse this outcome. However, inasmuch as state cooperation lacks the cloak of international custom, the interests of private actors operating in contested waters remain at stake.

Journal Article Type Article
Acceptance Date Apr 1, 2016
Online Publication Date Nov 2, 2017
Publication Date 2017-10
Deposit Date Oct 12, 2018
Journal Journal of African Law
Print ISSN 0021-8553
Electronic ISSN 1464-3731
Publisher Cambridge University Press (CUP)
Peer Reviewed Peer Reviewed
Volume 61
Issue 3
Pages 393-418
DOI https://doi.org/10.1017/S0021855317000286
Public URL https://nottingham-repository.worktribe.com/output/1138103
Publisher URL https://www.cambridge.org/core/journals/journal-of-african-law/article/impact-of-judicial-delimitation-on-private-rights-existing-in-contested-waters-implications-for-the-somalikenyan-maritime-dispute/80C95F73E3AE42D602069E61C44F4804
Additional Information License: Copyright © SOAS, University of London 2017