ITLOS UNANIMOUS VERDICT, THE WAY FORWARD FOR GHANA


In September 2014, Ghana hauled Cote d’Ivoire to the Special Chamber of the International Tribunal for the Laws of the Sea after negotiations over a maritime dispute concerning the West Cape Three Points broke down.

Whilst the tribunal rejected Ghana’s claim that Cote d’Ivoire is estopped from making a claim for the disputed territory because of prior conduct, the Chamber equally rejected Ivory Coast’s claim that a meridian measurement is used.

The Special Chamber made seven solid declarations and unanimous decisions:

(1) Unanimously finds that it has jurisdiction to delimit the maritime boundary between the Parties in the territorial sea, in the exclusive economic zone and on the continental shelf, both within and beyond 200 nm.

(2) Unanimously finds that there is no tacit agreement between the Parties to delimit their territorial sea, exclusive economic zone and continental shelf both within and beyond 200 nm, and rejects Ghana’s claim that Côte d’Ivoire is estopped from objecting to the “customary equidistant boundary”.

(3) Unanimously decides that the single maritime boundary for the territorial sea, the exclusive economic zone and the continental shelf within and beyond 200 nm starts at BP 55+ with the coordinates 05° 05’ 23.2” N, 03° 06’ 21.2’’ W in WGS 84 as a geodetic datum and is defined by turning points A, B, C, D, E, F with the following coordinates and connected by geodetic lines:
From turning point F, the single maritime boundary continues as a geodetic line starting at an azimuth of 191° 38’ 06.7’’ until it reaches the outer limits of the continental shelf.

(4) Unanimously finds that it has jurisdiction to decide on the claim of Côte d’Ivoire against Ghana on the alleged international responsibility of Ghana.

(5) Unanimously finds that Ghana did not violate the sovereign rights of Côte d’Ivoire.

(6) Unanimously finds that Ghana did not violate article 83, paragraphs 1 and 3, of the Convention.

(7) Unanimously finds that Ghana did not violate the provisional measures prescribed by the Special Chamber in its Order of 25 April 2015.”


MY RECOMMENDATIONS TO GHANA

Ghana should establish commissions in charge of the territories of Ghana. These commissions should be established in two main specified fields.

The first field of specialization should comprise of experts in the field of the Laws of the Sea. Their activities should be concentrated in the delimitation approach of Ghana’s territorial sea boundaries. This commission should be the amalgamation of experts from Cote D’Ivoire’s Chamber and Ghana’s Chamber to cater for the South-West territory. Through this process, it will help a clear demarcation on the territories of the Atlantic Ocean from the South-West area.

Another Commission should also be set up in consultation and partnership with marine law experts from Togo. It has been tested and proven that there are oil deposits around Ada Basin. It must also be noted that some parts of that area eats into the territory of Togo and the area is an oil potential area.

Therefore, the Customary Equidistance that was proposed by Ghana at the International Tribunal for the Laws of the Sea will even contradict Ghana’s position if similar case happens to Ghana and Togo. Though the same principle, the parameter for the delimitation would be declared null and void.

This is why it is important to establish this commission to come into agreement through the signing of Memorandum Of Understanding (MOU) on how to demarcate the Ada Basin.

Another area that ought to be looked at is in-land territory. It is heart-breaking to find out that Ghana does not have concrete demarcation blue print of its in-land territories although there are imaginary territorial boundaries. In the era of Ignatius Kutu Acheampong, there was a Ghana-Togo Commission, which was in charge of the territorial boundaries of Ghana and Togo at the Afloa border. Due to unnecessary political infiltration and misplaced priorities, the commission does not exist. Government must revive this important commission to secure our territorial boundaries.

The borders of Burkina Faso should also be taken into consideration. It is also important to meet with government to settle on the legally approved demarcation at the northern hemisphere to prevent any political and economic instability

Central to this logical legal discourse, Ghana has gained 80 square kilometers of territorial space after delimitation triggered by the rulings of ITLOS. At the first intersection of 29 nautical miles, Ghana loss marginally about 19 square kilometers of territorial space because the border is to the left.
Between 29 and 196 nautical miles, Ghana has gained 121 square kilometers because the new order is on the right of the original claim

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