Recent Examples Of International Law Cases: Kenya And Somalia Maritime Disputes

International Court of Justice. (Foto- icj-cij.org)

JAKARTA - There are several rules in international relations that must be obeyed by each country as regulated in law. This article will discuss understanding along with examples of international law cases.

International law is a guideline and procedure that has been agreed upon by every country that has joined the United Nations (UN). These laws were created to regulate the activities of global-scale entities.

Although at first international law was only understood to regulate behavior and relations between countries, now in its development it has expanded to regulate international organizations, individuals, and multinational companies.

The tension between Kenya and Somalia is an example of an international law case that is currently being sought to solve the problem. Before carrying out a case study on this example, here are some definitions of international law according to experts.

Understanding International Law According to Experts

Reporting from the official website of the Faculty of Law Untirta, there are several legal experts from within the country and abroad who explain the definition of international law.

First, Prof. Dr. Mochtar Kusumaatmadja explained that international law is all the rules and principles governing a relationship or problem (which crosses) state boundaries, between the state and the state.

Second, JG Starke defines international law as a body of law, the majority of which consists of principles. Therefore, international law must be obeyed by every country around the world.

Third, Wirjono Prodjodikoro explained that international law is a rule that regulates legal relations between various nations in various countries.

Fourth, Ivan A. Shearer explains international law as a set of legal rules that mostly regulate the principles and rules that must be obeyed by each country.

Fifth, Hugo de Groot classifies international law as law based on free will and based on the consent of part or all of the state.

de Groot explained that the function of international law enforcement is to achieve the common interests of the countries that are members of it.

Finally, Rebecca M. Wallace explains international law as the rules and norms that govern the actions of states (and other entities) that are recognized as having international and individual personalities - in terms of their relations with one another.

The Maritime Boundary Disputes between Kenya and Somalia

The dispute involving the two countries on the African continent was motivated by a maritime border dispute. Both kenya and Somalia have mutual claims over the sea areas that contain the waters of the Indian Ocean.

Somalia initially accused Kenya of granting resource exploration rights to multinational companies Total and Eni in disputed waters.

Recent Developments in the Disputes in Kenya and Somalia

According to Voice of America (VOA) Kenya has refused to attend the week-long dispute hearing initiated by the United Nations (UN) high court.

In a letter sent to the International Court of Justice (ICJ) based in The Hague, the Kenyan government explained the reasons for his absence from the hearing.

Kenya expressed the reason for its absence from the hearing because the COVID-19 emergency situation was still ongoing.

Meanwhile, Chief Judge Joan Donoghue rejected Kenya's request. "The court regrets Kenya's decision not to participate in the decision process," he said.

Joan also said that the court had a number of materials previously submitted by the state in debating the dispute between the two countries.

The Sea of Disputes between Kenya and Somalia is Rich in Resources

It should be noted that the dispute over territorial waters between Kenya and Somalia is centered around 100,000 square kilometers of the Indian Ocean. The area is rich in resources including fish, and possibly oil and gas.

Mogadishu himself argued that his maritime border with Kenya should be extended along the southeast line (the same as its land border).

On the other hand, Nairobi claims that the border should head east in a straight line.

For months, Kenya has filed a dispute trial and several other requests and demands have been postponed.

In his State of the Union address, Somali Deputy Prime Minister Mahdi Mohamed Guled argued and described the strife as the main national interest for his country.

"We hope that our dispute with Kenya can be resolved bilaterally, through negotiations. Unfortunately, this has proven impossible," said Guled.

The maritime dispute between Kenya and Somalia is adding to diplomatic friction between countries in East Africa. In December, Mogadishu announced he was cutting ties with Kenya for allegedly meddling in his domestic political affairs.

It is possible for the ICJ to resolve maritime disputes between Kenya and Somalia within a period of many years.

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