Home | News    Sunday 7 May 2017

Sudan cannot resort to maritime arbitration over Halayed dispute: expert

separation
increase
decrease
separation
separation

Halayeb Triangle (Sudan-Egypt) Borders, on 22 October 2012 (NASA-Google)

May 6, 2017 (KHARTOUM) - A Sudanese expert on international law and border disputes Saturday has strongly contested Sudan’s ability to take Egypt to International Tribunal for the Law of the Sea (ITLOS) over the disputed Halayeb area.

An international maritime border arbitrator, Osman Mohamed al-Sharif, disclosed that Sudan was planning to take Egypt to a binding arbitration before the ITLOS over the disputed Halayeb area, adding that Khartoum’s recently lodged objection with the United Nations against Cairo’s annexation of the region to its maritime border.

However in an interview with Sudan Tribune on Saturday, an international law expert, Faisal Abdel Rahman Ali Taha said that the courts established under the UN Convention on the Law of the Sea do not have any jurisdiction over the maritime area of Halayeb as long as the land dispute over the triangle has not yet been settled.

Taha stressed, however, that the arbitral tribunal, which might be constituted under annexe VII to the Convention on the Law of the Sea, "would not consider a dispute concerning the Halayeb maritime area because that would necessarily entail consideration of the sovereignty dispute over the Halaib land. This matter is not about the application or interpretation of the United Nations Convention on the Law of the Sea But governed by other rules of international law."

"Maritime rights derive from the coastal state’s sovereignty over the land because the land dominates the sea," he stressed.

The Halayeb triangle, which is a 20,580 km area on the Red Sea, has been a contentious issue between Egypt and Sudan since 1958, shortly after Sudan gained its independence from the British-Egyptian rule in January 1956.

The area has been under Cairo’s full military control since the mid-1990’s following a Sudanese-backed attempt to kill the former Egyptian President Mohamed Hosni Mubarak.

Egypt has used to reject Sudan’s repeated calls for referring the dispute to international arbitration. The international law provides that the agreement of the two parties is needed to arbitrate a dispute by the tribunal.

STRAIGHT BASELINE

Moreover, Taha refused Sharif’s statement that Sudan’s filing of the straight baseline was a measure intended to create a third route after a refusal of the direct negotiations and the international arbitration.

Sudanese President Omar al-Bashir issued a decree on March 2 on the straight baselines from which the sea areas of the Republic of Sudan are measured, opposing the Cairo Declaration, which touches the Sudanese maritime border north of Line 22 and lists it as maritime coordinates of Egypt.

Al-Sharif said that Khartoum’s move to deposit with the UN coordinates of the baselines from which its maritime areas are measured after 27 years since former President Hosni Mubarak lodged the maritime borders of Egypt doesn’t strip Sudan of its sovereignty over Halayeb and the equivalent Red Sea waters.

But Taha stressed that the role of the UN Secretariat has no authority "to refer the dispute on the straight baselines to the arbitration or to force the concerned States to do so".

"The Secretary-General of the United Nations is the depositary of the Convention on the Law of the Sea under article 319. As to what he said that the (UN chief) is the guarantor of the Convention, there is no such a provision in the Convention about that."

Al-Sharif claimed that the UN Secretary General as guarantor to the UN Convention on the Law of the Sea can end the fait accompli which was established by Egypt in Halayeb in 1995, saying the maritime borders of the Sudan in Halayeb are fixed and complementary to the land border.

(ST)

Comments on the Sudan Tribune website must abide by the following rules. Contravention of these rules will lead to the user losing their Sudan Tribune account with immediate effect.

- No inciting violence
- No inappropriate or offensive language
- No racism, tribalism or sectarianism
- No inappropriate or derogatory remarks
- No deviation from the topic of the article
- No advertising, spamming or links
- No incomprehensible comments

Due to the unprecedented amount of racist and offensive language on the site, Sudan Tribune tries to vet all comments on the site.

There is now also a limit of 400 words per comment. If you want to express yourself in more detail than this allows, please e-mail your comment as an article to comment@sudantribune.com

Kind regards,

The Sudan Tribune editorial team.

Comment on this article



The following ads are provided by Google. SudanTribune has no authority on it.


s
Sudan Tribune

Promote your Page too

Latest Comments & Analysis


Sudan’s renegade Sheikh 2017-09-12 12:44:55 By Ahmed H Adam Tensions between the Sudanese regime and militia commander Sheikh Musa Hilal has reached a tipping point in recent weeks. On July 20, Sudanese Vice President Hassabo Abdel (...)

The UN’s WHO knows cholera vaccines have been used effectively: why not in Sudan? 2017-09-09 23:05:26 Eric Reeves The UN’s World Health Organization (WHO) continues in its refusal to call the cholera epidemic that has spread throughout Sudan by its proper name (cholera is caused by the Vibrio (...)

Why a technocratic transitional government in South Sudan? 2017-09-09 07:17:12 Dr Lam Akol The youngest country in the world was born amid great expectations and hopes for the future. These were not day dreams or castles built in the air. The hope was based on the fact (...)


MORE






Latest Press Releases


Amnesty calls to release Nubian activists detained over protest for cultural rights 2017-09-12 20:47:54 AMNESTY INTERNATIONAL PRESS RELEASE 12 September 2017 Egypt: Release 24 Nubian activists detained after protest calling for respect of their cultural rights Egyptian authorities should (...)

New group formed to gather Nuer in United States 2017-08-17 14:15:50 DECLARATION FOR THE FORMATION OF NUD TO BRING TOGETHER ALL NUER IN THE U.S.A Press Statement The Nuer Union For Development (NUD) The United State of America The State of Nebraska August 15, (...)

A prominent Sudan Women and Civil rights activist passed away 2017-08-14 21:09:47 The Strategic Initiative for Women in the Horn of Africa (SIHA) Khartoum, Sudan-August 14 2017 In the early hours of Saturday 12th August Fatima Ahmed Ibrahim, a renowned Sudanese leader of the (...)


MORE

Copyright © 2003-2017 SudanTribune - All rights reserved.