Somalia v. Kenya (Judgment of the International Court of Justice, 12 October 2021)

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ID: 318700
2026
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Abstract
Abstract This chapter examines the ICJ’s 2021 judgment in Somalia/Kenya delimiting the territorial sea, exclusive economic zone, and continental shelf, including areas beyond 200 nautical miles. The Court rejected Kenya’s claim that a maritime boundary had been established along a parallel of latitude through acquiescence, reaffirming the high evidentiary threshold required to demonstrate tacit agreement. Proceeding under UNCLOS, the Court applied an equidistance-based methodology, separating territorial sea delimitation under Article 15 from the three-stage approach applicable to the EEZ and continental shelf. While rejecting non-geographical factors such as security concerns and regional practice, the Court adjusted the provisional equidistance line to alleviate a perceived cut-off effect arising from the broader coastal configuration involving Tanzania. It extended the adjusted line into the continental shelf beyond 200M notwithstanding the absence of CLCS recommendations. The chapter critically assesses the Court’s subjective selection of base points, its treatment of concavity and cut-off effects, and the implications of the judgment for delimitation methodology and outer continental shelf jurisprudence.
Reference Key
openalex_W7165857659 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Stephen Fietta, Robin Cleverly
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780192883414.003.0030
URL
https://doi.org/10.1093/law/9780192883414.003.0030
Keywords Keywords not found

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