I have just read again 274 pages of Somalia case before ICJ.There lawyers have used the Anglo Italian treaty,Kenyan Acts of parliament concerning the ocean an International laws concerning maritime borders to hold Kenya by the balls.
Am wondering,did the Anglo Italian treaty talk of the sea?
Britain had notable noval capabilities,did they intend to lock Kenya with a small triangle of the sea?
It’s known the East Coast of Africa was busy even 500years ago,the Sultan of Zanzibar reigned all the way to Oman,in an agreement Kenya was handed some miles of the coastal strip(that’s why we have kadhis),I assume it’s implied that sea Kenya then can claim is not a triangle.Also, because of the Sultans agreement with Kenya,in no way can Kenya claim Pemba…the border there has to be as it is.
The Anglo Italian treaty resulted in a border commission.That commission was given power to make adjustments to what is possible,am sure if they were dealing with the sea,they could have been reasonable to follow the Kenyan boundary.To claim they implied equidistance nonsense is madness,for that thing just came in the 1980s,yet the treaty was 60years ago.
As to that act of parliament,it’s useless because the constitution is supreme,any law inconsistent is null.It says Kenya is all the territory on the ‘effective date’
Our parliament is known to churn out laws with nullities,nothing new
Foreign vessels are raping the Somali coast without mercy, you’d think they’d concentrate on the strip they do own. Even if they win that case, there are several ways to ensure they never enjoy it.
internationally, we have the law of the mighty. Only a bich ass nation would cede an inch to a failed state
But theres a problem with Somalia’s border claim. If that dispute is ruled to their liking it would mean that the Kenyan-Tanzanian borderline will have to be redrawn: "This could lead to a dispute over the maritime boundary with Kenya’s southern neighbor Tanzania, which could in turn have an impact on Mozambique, Madagascar and South Africa".
But there is hope: A compromise is possible, of course, at least in theory: “Both countries could share the area and the mining of raw materials,” Walker said. He said there is a good example in West Africa, where Nigeria and the archipelago of Sao Tome and Principe teamed up to produce oil.
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A second array of hope is shown in the following. Ghana and Cote de Ivoire were involved in a similar dispute. They used , a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) fixed the course of the single maritime boundary between Ghana and Côte d’Ivoire both within and beyond 200 nautical miles (NM) from their coastlines.
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Does the ICJ have an army to enforce its ruling?
The most significant aspect of the work of the International Court of Justice is that they have absolutely no enforcement powers other than the ability to negotiate the reparations required for agreement non-compliance. As has often been discussed, there is no world police force
Nope. na ndiyo maana china is doing its nonsense huko na phillipines. Infact yao ming read the riot act to duterte and the guy ilibidi aseme YES SIR!