International Court of Justice Dispute Resolution (Non) Compliance: A Case of Kenya- Somalia Maritime Border Dispute 2014- 2021
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Date
2024-10
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Publisher
Daystar University, School of Arts and Social Sciences
Abstract
This research investigates Compliance to international dispute resolution by international court of justice: a case of Kenya- Somalia maritime border dispute. The dispute over the maritime border between Kenya and Somalia, focusing on a region abundant in resources in the Indian Ocean, has significant impacts on local stability, economic progress, and global legal matters. Even though the ICJ favoured Somalia in 2021, both nations have faced challenges in completely adhering to the verdict because of conflicting national interests, economic interests, and political pressures. The research utilizes a qualitative method, involving interviews with legal professionals, diplomats, and security experts, along with document examination, to investigate the complex aspects of the conflict. The study is based on three main goals: (1) to analyse the Kenya-Somalia maritime border conflict, (2) to recognize the obstacles faced by both countries in following the ICJ decision, and (3) to investigate different methods for settling the dispute. Discoveries show that the conflict is mainly fuelled by past grievances, economic stakes related to offshore oil and gas resources, and varying perspectives on international law. Difficulties in adhering to the ICJ decision stem mainly from worries about national autonomy, internal political influences, and the lack of strong global enforcement measures. Both Kenya and Somalia have shown unwillingness to give up control of the disputed area, making it challenging to enforce the decision. The research indicates that alternative methods for resolving disputes, like one-on-one talks, regional mediation using the African Union (AU) and Intergovernmental Authority on Development (IGAD), and the creation of shared resource management areas, may provide longer-lasting answers. These methods would enable both nations to gain economically while easing tensions related to territorial disputes. This study adds to the wider conversation on global dispute mediation, pointing out the constraints of legal decisions in addressing disagreements involving national concerns. It highlights the importance of seeking flexible, diplomatic resolutions that prioritize cooperation rather than confrontation in disputes over maritime boundaries.
Description
Master of Arts in Diplomacy, Development, and Security studies.
Keywords
nternational dispute resolution
Citation
Bukasu, M. H. (2024). International Court of Justice Dispute Resolution (Non) Compliance: A Case of Kenya- Somalia Maritime Border Dispute 2014- 2021. Daystar University, School of Arts and Social Sciences