Joint management of shared resources as an alternative approach for addressing maritime boundary disputes: the Kenya-Somalia maritime boundary dispute

Abstract

Socioeconomic security has motivated African states to explore natural resources in areas of overlapping maritime claims. However, Africa's maritime boundaries are characterized by unresolved disputes. Resolution of these disputes is timeconsuming, expensive and can undermine the state's ability to exploit natural resources. The Somalia and Kenya maritime dispute under litigation with the International Court of Justice demonstrates the continental commitment to peaceful resolution. Citing cases from across Africa, we discuss outright delimitation or Joint Management Zones (JMZs) as means to address disputes over shared resources, particularly transboundary fisheries, which have received little attention. Reframing the Kenya-Somalia maritime dispute resolution process as cooperation over fisheries management will have spill-over effects into greater diplomatic relations. Fish do not abide by maritime boundaries. As such, we posit that the peaceful resolution of maritime boundary disputes lies in Africa's ability to consider settlements by way of JMZs to motivate sustainable use of natural resources.

Survival of the Richest, not the Fittest: How attempts to improve governance impact African small-scale marine fisheries

“…Fisherfolk must cease their fishing activities until such disputes are resolved and lose access to fishing grounds if the resolution favours one party. Various maritime boundary disputes across the continent have either resulted in disruption of fishing activities (see: Guinea Bissau and Senegal's disputes) [65], and fishers' displacement and the loss of traditional fishing grounds (see: Nigeria and Cameroon maritime boundary dispute over the Bakassi peninsula) [51,54]. In the case of the dispute between Kenya and Somalia over their maritime boundary, there is a potential risk of loss of access to fishing in the Kiunga area in Kenya, one of Lamu County's richest fishing grounds, unless the two countries reach an equitable solution [54].…”

“…Situated in the Horn of Africa, Somalia experienced a civil war from the late 1980s which ended in 1991 following the subsequent collapse of the Siad Barre regime [39,49]. Somalia presents an outlier case study because of its historical state failure, the severity of the civil war's impact, extensive security threats at sea and its contested maritime boundary [54,97]. Relatedly, Somalia has gone through several distinct gradual peace and stability phases in recent years which has increased interest in the exploitation of its fisheries by industrial fishing fleets, especially those from the DWFNs.…”

“…The government's persistent engagement with DWFNs and lack of capacity to monitor their activities exemplifies the failure to address the existential threat that is IUU fishing, which is mostly linked to DWFNs. Besides, access by foreign fleets without proper enforcement exacerbates criminal activities such as piracy, as a response [40,54]. Some of the authorized vessels have a heavy criminal history according to the criminal register of fishing vessels (https://spyglass.fish/), hence there is a potential for an increase in fisheries crimes [98].…”

The Salient Dynamics of Cross-Border Ocean Governance in a Regional Setting: An Evaluation of Ocean Governance Systems and Institutional Frameworks in the Guinea Current Large Marine Ecosystem

“…The implication of this to coastal and marine management is that the ease of communication and cultural acceptance that crossborder management and governance initiatives will gain with stakeholders between Benin and Nigeria would be more than that of Nigeria-Cameroon. Secondly, the fierce maritime and land dispute 10 between Nigeria and Cameroon has brought about a certain level of animosity between governments and people at the two divides even though the dispute has been settled since 2002 (Kadagi et al, 2020). Confrontations between the military, fishers, and people from Nigeria and Cameroon, particularly in the Bakassi Peninsula axis, are still periodic (BBC, 2017).…”

Exploring the Nexus and Utilities Between Regional and Global Ocean Governance Architecture

“…For example, in the early 2000s, Nigeria and Sao Tome and Principe established a Joint Development Authority to manage the resources in the area where their EEZs overlap (Eze, 2020). Seychelles and Mauritius, in 2012, also adopted this model to manage the area of the seabed and its underlying sub-soil in the Mascarene Plateau Region (Kadagi et al, 2020). Likewise, the idea of a Combined Exclusive Economic Zone for Africa is under consideration as proposed in the 2050 African Union (AU) Integrated Maritime Strategy.…”