In the eastern and central Mediterranean, the importance attached by regional actors to the existence of a defined legal framework for maritime delimitation has recently emerged with reference to two separate but interrelated cases: the exploitation of hydrocarbon resources offshore Cyprus and the stipulation of a “memorandum of understanding” between Turkey and the Libyan Government led by Mr Fayez al-Sarraj and recognized by the United Nations (UN). In both cases, a clear contrast between the position and interests of Turkey, on the one hand, and the claims of a number of other coastal States, on the other, emerged. As will be seen, the Italian Government took a strong stance against the actions of Turkey, in the first case, but it adopted, instead, a position of mild criticism in the second case.Continue reading
On 13 January 2016 the French authorities arrested the Italian fishing vessel Mina with the accusation of violating French territorial waters. The Mina was arrested during fishery of the red shrimp off the Ligurian coast, between Ventimiglia and the Mentone bay, before the Balzi Rossi reef, and was released upon payment of an 8300-euro deposit. Subsequently, the French authorities expressed regret for the arrest, conceding that it ensued from a wrongful determination of the boundary and jurisdiction over the area. The case spotlighted the on-going discussion between Italy and France over the determination of their maritime boundaries and corresponding fishing rights in an area off Liguria and North of Sardinia, pending the ratification of the so-called Caen Agreement. To date, Italy’s and France’s jurisdiction and fishing rights in the respective areas have been regulated de facto by the 1986 Bocche di Bonifacio Agreement and the 1892 Convention on the fishing zone in the Mentone Bay. More specifically, the 1892 Mentone Bay Convention has never entered into force and was negotiated as a modus vivendi providing for a cooperative ground between the countries, whilst leaving their positions legally unprejudiced. As to the Bocche di Bonifacio Agreement, it only determines French and Italian territorial waters in the Strait of Bonifacio. Though regulating the fisheries traditions and practices of French and Italian fishing vessels in a common zone West of the Strait, the Agreement fails to comprehensively establish the Parties’ maritime boundaries and fishing rights. The Caen Agreement, when in force, would thus constitute the first bilateral instrument to effectively determine the maritime boundaries between the two countries and serve as a basis to settle possible disputes.