The law of the sea and jurisdictional issues in the Mediterranean

Abstract

Because of its geographical and geological make-up, the Mediterranean constitutes one of the most complex and suitable case studies for the application of international legislation concerning the sea. To the east the sea is bounded by some of the richest oil resources in the world. Unlike coal, its predecessor as the essential fuel for industry and transport, oil is not always available within the territory of the developed economies. By pipeline or tanker, its transport is considered by the developed economies of the world as a matter of national security and thus of international concern. This combination of national economic and security perceptions has frequently gone beyond the appeal to international law and produced military action, such as the international engagements in the two Gulf Wars. Beyond the tension between the national interest of coastal states on the one hand and the rights of international users of the sea on the other, technological innovation and the urge of coastal states to maximize their resources have necessitated a clarification of the rights and obligations of neighbouring coastal states vis-a-vis each other. With 21 states huddled together around a relatively small sea, oil in particular has also been at the centre of bilateral claims and sometimes disputes concerning the exploration of the seabed, especially those involving riparian neighbours who regard actual or potential oil deposits as crucial to their economic well-being. Economic reasons are not the only ones that are at stake here. As with land boundaries, political and security considerations also play an important part in a country's acceptance or non-acceptance of formulae for the delimitation of maritime boundaries. Indeed, there is one essential difference between the delimitation of land and of sea boundaries. Whereas the former are the result of geographical contours, 'natural' limits, the historical process of settlement and, more often, warfare, the endeavour to delimit maritime frontiers rests on international law, which can only be effective by international or at least multilateral understanding. It would seem that the coming into operation, as opposed to the mere codification of the Law of the Sea represents a decided contribution to the achievement of Mediterranean regionality, this time round in the perception of the regional states themselves.