JPRS ID: 10328 WORLDWIDE REPORT LAW OF THE SEA

• Document Type: CREST
• Collection: JPRS
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00850R000500030037-3
• Release Decision: RIF
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: November 1, 2016
• Sequence Number: 37
• Content Type: REPORTS

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JPRS L/ 10328
17 February 1982
Woridwide R~ ort
p
LAW OF THE SEA
CFOUO 1 /82)
FBIS FOREIGN BROADCAST INFORMATION SERVICE
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JPRS L/10328
17 February 1982
~ WORLDWIDE REPORT
LAW OF THE SEA
(FOUO 1/82~
CONTENTS
NEAR EAST AND NORTH AFRICA ,
TNTERNATIONAI, P_FFAIRS
Hague Court Hearing Arguments on Tunisian-Zibyan Sea Fr~ntier
(Samir Gharbi; JEUNE AFRIQUE, 21 Oct 81) 1
SUB-SAHARAN AFRICA
GHANA
Brief s
No Illegal Fishing Claimed 3
- a - [III - WW - 136 FOUO]
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INTERNATIONAL AFFAIRS
- HAGUE COURT AEARING A1tGUMENTS ON TUNISIAN-LIBYAN SEA FRONTIER
Paris JEUNE AFRIQUE in French No 1085, 2~ Oct 81 p 27
[Article by Samir Gharbi: "A Smell uf Gasoline"]
[Text] The final Tunisian-Libyan confrontation ~ver delimitation of their maritime
frontier began on 16 September in The Hague I:~cernational Court of Justice (ICJ).
Contrary to those that preceded it in 1976 and 1977, in the open sea, this has
been verq peaceful. Indeed, courtesy is compulsory in t'his "world tribuna}."
established by the United Natians in 1945. une of the common expressions is
"our eminent adversaries," another, "fra.te~nal. countries." But to get to this
poiat it took 8 years of fruitless negotiations (1968-1976) followed by a serious
crisis. At .last resort, on 10 June 1977 wisdom won out: the two governments
signed a compromise calling on the ICJ to decide not only "the principles and rules
of international law which could be applied" to delimit the continental shelf,
but also to "clarify a practical way" which w~ould enable experts of the two
countries to mark the frontier "without any difficulty."
The matter is very complicated. Zt tnvolves scientific, economic, ~uridical,
and historical fac.ts. The issua is especially crucial to Tunisia since the dis-
puted zon.e is rich in petroleum.
Following the 10 June 1977 compromise, each government submitted to the court the
documents necessary to support its position (memorandum, counter-memorandum, and
reply). It is the oral proceediags now underway in The Hague, with an initial
stage of Tuxiisian testimony (16-25 September) and Libyan testimony (beginning
29 September) before 15 independent judges, presided over by Nigerian Tasltm
Olawale Elias.
On the two sides there are some 50 lawyers, experts and advisers; British,
American, French, Italian, Tunisian, and Libyan. Most are outstanding specialists
in international law, geology, geomorphology, physiagraphy, and oceanography...
Some are from such prestigious uninersities as Cambridge, Paris, Geneva, Cornell,
etc. But the positions they are defend'ag aa ~~'~.alf of the government which
hired them result in very different lines Ieading from the land border point, Ras
A~dir. The Tunisian representatives maintain that the predominant orier~tation of
Tunisia's coast is east. Aowever, the opposing party considers this direction
to be "abnormal" and "accidental " and thus negligible in relation to its own
1
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.�vn vrri~.t~?t, UJC. U1VLY
"continental perspective." The Libyan r.epresentatives, referring back 7 million
- years, afiirm that the thrust of the African continent has been north. Since
it is the orientation that will decide the lin~ of the maritime frontier, it is
easy to see that the difficulty of the debate is more than geQlogical.
Deliberatione
The key to the issue has appeared in the Libyan delegation's intention to counter
the natural extension of Tunisia to the east by disregarding the islands of Djerba
and Kerkennah. The Tuni.sian solution of several oblique lines is also rejected:
these lines pass in front of the Libyan coast...In contrast, the Libyan representa-
tives propose a line proceeding due north which passes...in front of r_he Tunisian
coast. It is up to the court to decide which are the most pertinent natural and
juridical factors. Ics deliberations wil; last at least 1 to 2 months.
The judgment, which will be voted by absolute majority of the judges, is "compul-
sory, definitive, and without appeal." The two parties, within a period of 3
months (once renewable), will be required to proceed themselves to marking the
line. In case of deviation from, or failure to respect, the judginent, the ICJ
rules provide that recourse is possible to the Security Council, "which has power
- to recommend ur decide on appropriate measures."
_ . . _
I
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~y~~c~~'"..N:~'~.~,,``~'>''~~~ERKENN Delimitation
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'M}~~.'~ ~ par la Libye ~
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~ L~ ~ GOLFE OE GABES
y ~ ~
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�+.':A~~ ~ proposee ~
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COPYRIGHT: Jeune Afrique GRUPJIA 1981
9920 -
CSO: 5200/5000
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' GHANA
BRIEFS
NO ILLEGAL FISHING CLAIMED--Following the information that the Ghanaian Navy had
arrested the Ivorian tuna fishing vessel "Laurent," we have received the following
letter from the Ets Chevannes-Merceron-Ballery company in Concarneau: "As the
administrators in charge of this vessel, we would like to note that it was not
'seen fishing in the country's territorial waters,' as had been announced. The
vessel was arrested on 14 December at 2315 hours GMT when it had stopped for tech-
nical reasons approximately 60 miles from the Ghanaian coast. We w~re able to
prove that the vessel had not been fishing during the 48 hours preceding the arrest
and the vessel was released on 31 December." [Text] [Paris MARCHES-TROPICAUX ET
- MEDITERRANEENS in French No 1888, 15 Jan 82 p 147]
COPYRIGHT: Rene Moreaux et Cie Paris 1982.
CSO: 5200/5624 END
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