The implications of the Kenya vs Somalia case before the international court of justice on the territorial sovereignty of Kenya.
Lekipaika, Daphine Natacha
This dissertation sorts to determine the implications of the case before the International Court of Justice on the Maritime delimitation of the Somalia and Kenya coastline. As an important aspect that States still cherish, the principle of territorial sovereignty emerged as a major principle under International Law. Territorial sovereignty encompasses a State's freedom to assert its power the territorial boarders of its jurisdiction. The aspect of exerting such control has now been extended to not only land territories but territories in the sea where such jurisdiction can be asserted. The Convention on the Law of the Sea defines five main generations of maritime boards, consisting of: the territorial sea, adjacent zone; continental shelf; exclusive economic zone (EEZ); and the area. There has been an increased rush among States to demarcate their territories so that they may be able to gain financially from the resources found on these maritime zones especially the Continental Shelf.
Malcolm Shaw in his book International law, states that the basis of International Law is the concept of the state.11In international law and relations, ownership of territory is significant because sovereignty over land defines what constitutes a state.12 According to article 1 of the Montevideo Convention on the Rights and Duties of States of 1933 (Montevideo Convention) a state as a person of international law should possess the following qualifications: a permanent population; a defined territory; a government; and capacity to enter into relations with the other states.13 A defined territory provides a tangible basis for the exercise of the state’s effective control by delimiting the human and physical resources over which the state has some control.