The delimitation of the maritime border and the continental shelf is one of the most complicated and delicate issues of Albania. It is related to historical affairs, Albanian heritage, economic development, international relations and the exploitation of our maritime natural resources. This delimitation has a great influence on the security and international politics between the states that are included in this issue and most importantly in the security and the prosperity of the region.
My research will focus on two important topics related to each other. I am going to discuss the “Delimitation of maritime border and continental shelf” pact between Albania and Greece, an agreement that was later revoked by the Constitutional Court of Albania, because it was investigated and proved the wrong division of the maritime border based on the “equidistant” principle. After that I am going to confront the injustice done to Albania reflected in the International Right with the Law of Seas. This paper will argue in favor of the decision of the Albanian Constitutional Court for rejecting the nautical pact between Greece and Albania as the most reasonable and fair decision, because it is directly connected not only to geographical and legal reasons, based on the United Nations Convention on Law of the sea (1982), but also to economic and touristic issues.
The “secret negotiation” that was done between Albania and Greece consisted on giving up to 225 square kilometers of the Albanian water zone to Greece. Albania faced this damage of the unfair division of defining the median line, because the negotiations were not based on the UNCLOS-82 convention. The convention recommends the application of the impartial principle in cases such as the Excl...
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...e initiative of a new pact between our countries. More over both countries must consider the importance of the best way for both countries, protecting both countries interests. Secondly the reason of the negotiations must be based on the International conventions on the law of the sea. But, as the expression says: “Veritas Filia Temporis” (Truth is the daughter of time) a new pact between Albania and Greece is something that should be left to the time.
Works Cited
Albanian constitutional court nullifies maritime boundary agreement with Greece (2010, February 10). In International Boundaries Research Unit. Durham University. Pasha, M. (2010). Deti qe nuk falet (pp. 121-187). Tirane, Albania: Botimet Max.Albanian constitutional court nullifies maritime boundary agreement with Greece (2010, February 10). In International Boundaries Research Unit. Durham University.
Under the UN 1982 treaty, a state’s territorial sea extends twelve nautical miles from the national coastline (Slomanson 305). Within this area, Ecuador exercises its sovereignty over these waters as if it were a landmass (Slomanson 305). All aspects of the sea are under its control, including the seabed and airspace. Furthermore, Ecuador is allowed to impose laws that regulate the territory and consume resources that lie inside this defined area. Within this territorial sea, Ecuador “must exercise its sovereign power in this adjacent strip of water” (Slomanson 305). Additionally, Ecuador is expected to chart this water and to provide warning of navigational hazards (Slomanson 305). However, Ecuador did not act upon this and was “lax in enforcing it”. In 1951, the International Court of Justice issued this statement in response to a ruling:
There is no coincidence that the rise of Athenian Democracy goes chronologically hand in hand with the rise of the Athenian Navy. Following the defeat of the Persians by the Greeks, Athens’ naval successes allow it to surpass the previous naval power of Corinth; create the Delian league to fund and support this navy; and eventually ruffle enough feathers with their fellow Hellenic neighbours that they inspire the Peloponnesian war. Overall their naval reputation and intimidation comes from the skill of the men who maneuver and command the ships, and the tool they use to wield their power, the Athenian trireme. By looking at the design of the trireme, and the work and numbers put both into the ship and the men that drive it, hopefully both the wealth and skill of the Athenian navy can be appropriately highlighted. In the end, it is this immense power and resources that allow the Athenians to overstep their limits and caused such demoralizing defeats such as the expedition at Syracuse and the eventual loss of the Peloponnesian war, after which they prove unable to grow to the same undefeated sea power they were.
United Nations , "United Nations and Convention on the Law of the Sea:Division for Ocean Affairs and the LAw of the Sea." Accessed November 27, 2013. http://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm.
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