By The COAST media Commentator
Tension is rising between Kenya and Somalia who disagree over the delimitation of the maritime border of an area in the Indian Ocean that both claim.
There is a real risk of escalation with serious economic and security implications.
Theres a need of alternative dispute resolution mechanism.
A negotiated settlement is most preferred method for resolving the Kenya-Somalia maritime dispute.
Article 279 of the UNCLOS,obligates states parties…to settle dispute by peaceful means States Parties shall settle any dispute between them concerning the interpretation or application of this Convention by peaceful means.
That is in accordance with Article 2,paragraph 3,of the Charter of the United Nations and,to this end,shall seek a solution by the means indicated in Article 33,paragraph 1,of the Charter.
The principle of effectivites of effective occupation and control, is what Uti Possidetis Juris is grounded on, and has been long used as a conflict prevention measure.
The principle remains popular in dispute settlement and has acquired factual consequence in settling legal cases involving territorial disputes in modern times.