The Kenya vs Somalia maritime trial live

kickz

Engineer of Qandala
SIYAASI
VIP
Kenyan Professor mad that there is a Somali on the court bench of ICJ


Abdulqawi is on the court bench for this case
Abdulqawi.jpg



@Jiron
 

FBIsomalia

True Puntlander
VIP
Kenyan Professor mad that there is a Somali on the court bench of ICJ


Abdulqawi is on the court bench for this case
Abdulqawi.jpg



@Jiron
There is 15 judge lool. Let say 14 against one. Kenya would win. Hadal badaan bantu.

Thanks for ICJ evidence. Kenya change marine boundary with Tanzania in 2009. Before that was same as Somalia.

So its their mistake and its not concern us.
 
There is 15 judge lool. Let say 14 against one. Kenya would win. Hadal badaan bantu.

Thanks for ICJ evidence. Kenya change marine boundary with Tanzania in 2009. Before that was same as Somalia.

So its their mistake and its not concern us.
will kenya actually be landlocked or not? ive seen lots of different maps where somalia overlaps with tanzania and some where we dont and kenya has access to the ocean
 

FBIsomalia

True Puntlander
VIP
will kenya actually be landlocked or not? ive seen lots of different maps where somalia overlaps with tanzania and some where we dont and kenya has access to the ocean
On the current scenarios because of Kenya mistake on 2009 by agreement marine boundaries with Tanzania. They will be officially landlock unless they talk with Tanzania to bring boundaries back like it was before 2009 agreement.
 
will kenya actually be landlocked or not? ive seen lots of different maps where somalia overlaps with tanzania and some where we dont and kenya has access to the ocean
Unfortunately no, if I'm not mistaken. I think this is misinformation spread by their news outlets to rally their citizens behind this case.
Kenya's claimed EEZ and the exclusive rights to the resources within it will be reduced, but it has no bearing on any navigational freedoms of their vessels (except for what is stated in the UNCLOS).
They can't be classified as landlocked, since they are a coastal state, even if they were left only with their territorial sea.
If they would become landlocked like Ethiopia (independent Swahili coast), they'd still enjoy the right of innocent passage guaranteed under international law, so they could travel through Somalia's territorial sea (apart from internal waters) to access the high seas, under certain conditions ofc.

Article17
Right of innocent passage

Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.


Article18
Meaning of passage

1. Passage means navigation through the territorial sea for the purpose of:


(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or


(b) proceeding to or from internal waters or a call at such roadstead or port facility.


2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.


Article19
Meaning of innocent passage

1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.


2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:


(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;


(b) any exercise or practice with weapons of any kind;


(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;


(d) any act of propaganda aimed at affecting the defence or security of the coastal State;


(e) the launching, landing or taking on board of any aircraft;


(f) the launching, landing or taking on board of any military device;


(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;


(h) any act of wilful and serious pollution contrary to this Convention;


(i) any fishing activities;


(j) the carrying out of research or survey activities;


(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;


(l) any other activity not having a direct bearing on passage.

Similar navigational freedoms would apply to the EEZ, if I understood this correctly.

Article58
Rights and duties of other States in the exclusive economic zone

1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.
 

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