ISSN: 2521-5442
Affiliations: None
Source: Journal of Ocean law and Governance in Africa (iilwandle zethu), 2016, p. 105 – 115
None
ISSN: 2521-5442
Affiliations: LLM candidate, Nelson Mandela Metropolitan University; Professor of Law, Nelson Mandela Metropolitan University
Source: Journal of Ocean law and Governance in Africa (iilwandle zethu), 2016, p. 54 – 104
This article analyses the extent to which maritime boundaries have been delimited on Africa’s eastern seaboard. The article starts by discussing the delimitation agreements which have been concluded. Following this, the article discusses two cases that have been submitted to a third party, namely the Eritrean/Yemen arbitration and the Kenya/Somalia dispute concerning maritime delimitation in the western Indian Ocean. The article then moves on to identify and discuss the maritime-boundary delimitations which are outstanding, largely owing to sovereignty disputes over dry land territory which affects claims to maritime zones between disputing States. Lastly, the article identifies and discusses the provisional arrangements of a practical nature that have been put in place by those States that have not yet delimited their overlapping maritime boundaries. The article concludes by suggesting that African States give priority to finalising their delimitations among themselves before attempting to resolve delimitation and related issues with other States in the region.
ISSN: 2521-5442
Affiliations: Professor of Law, University of Stellenbosch; Postgraduate candidate, Bavarian School of Public Policy, Ludwig-Maximilians-Universität
Source: Journal of Ocean law and Governance in Africa (iilwandle zethu), 2016, p. 28 – 53
The history of maritime trade within Africa’s coastal waters is one of foreign domination and exploitation. Today, the 2050 Africa’s Integrated Maritime (AIM) Strategy urges African transport ministers and ship owners to consider cabotage laws for the continent’s coastline. Cabotage is the non deep-sea going coastal transport between two ports located in the same country or region irrespective of the location of ship registration. In light of the ultimate goal to improve the continent’s economic independence, cabotage laws could exclude non-African vessels from moving products back and forth in African waters, making the maritime transport industry key in improving intra-African trade and development. Although most developed countries apply similar rules for their coastal waters, there are, in the case of Africa, specific internal and external barriers as well as the fact that cabotage regimes are among the most controversial measures in relation to international trade liberalisation. By investigating these barriers, this article reflects on long-standing links between the shaping of today’s global economic competition and some core problems of Africa’s persistent struggle for more economic independence in the maritime sector.
ISSN: 2521-5442
Affiliations: Senior Lecturer in International Law and International Relations, Cardiff University
Source: Journal of Ocean law and Governance in Africa (iilwandle zethu), 2016, p. 1 – 27
This article identifies some gaps in the institutional framework of the Africa’s Integrated Maritime (AIM) Strategy, with regard to certain vital areas of concerns in the sea, such as maritime security enforcement, an African international judicial mechanism dealing with maritime matters, the outer limits of the continental shelf and the deep seabed regime. It argues for a reconsideration of the AIM Strategy with regard to these important law-of-the-sea issues and for the provision of a clearer plan on putting together appropriate institutions to engage with these key matters.