Saturday, September 23, 2017

Ghana Doesnt Owe Cote dIvoire Any Compensation – ITLOS

7:56:00 PM


The Special Chamber of the International Tribunal of the Law of the Sea (ITLOS), as part of its judgement on a three-year boundary dispute between Ghana and Cote dIvoire, has stated that Accra must not pay any compensation to Abidjan.

Cote dIvoire, as part of reliefs put forward, asked the Chamber to order Ghana to compensate them, because in their view, Ghana benefited from a resource  in itsterritorial waters.

They had argued that reparation by equivalence or compensation should be envisaged both for the loss of hydrocarbon production for any damage that Ghanas activities may have caused to the rocks and deposits.

Ghana on the other hand, argued that it would be absurd to compensate Cote dIvoire for physical changes to the seabed brought about by oil production works which Cote dIvoire itself wants to pursue in the very same way.

The Chamber dismissed Cote dIvoires request sustaining Ghanas argument.

The Special Chamber, in delivering its judgement on the delimitation of the Maritime Boundary between the two in the Atlantic Ocean, also ruled that Ghana has not violated the sovereign rights of the Francophone country by exploring for oil in that disputed basin.

The Chamber rejected Côte dIvoires argument that Ghanas coastal lines were unstable.
It also noted that Ghana has not violated Côte dIvoires sovereign rights with its oil exploration in the disputed basin in question.

Justice Boualem Bouguetaia, President of the Special Chamber in reading the judgment, accepted Ghanas argument of adoption of the equidistance method of delineation of the maritime boundary.

Analysts say Ghana would now have to wait to see how the final map looks, once the coordinates are plotted in the sea using boundary pillar BP 55+ on a common land boundary, as starting point for drawing the new equidistance line.

In consideration of the new boundary, the Chamber determined that it starts from boundary 55 -200 nautical miles away, a position much closer to what Ghana was arguing for.

The judgement effectively means that Ghanas oil fields are not going to be materially affected.

Ghanas oil discovery

In 2007, Ghana discovered oil and gas in commercial quantities, and this was followed by Cote dIvoire staking its claim to portions of the West Cape Three Points.

These claims were renewed in 2010 after Vanco, an oil exploration and Production Company announced the discovery of oil in the Dzata-1 deepwater-well.
Cote dIvoire petitioned the United Nations asking for a completion of the demarcation of its maritime boundary with Ghana, and Ghana responded by setting up of the Ghana Boundary Commission.

This commission was tasked with the responsibility of negotiating with Côte dIvoire towards finding a lasting solution to the problem.

But this commission bore no fruit, and in September 2014, Ghana dragged Cote dIvoire to ITLOS after 10 failed negotiations.

ITLOSs first ruling in 2015 placed a moratorium on new projects, with old projects continuing after Cote dIvoire filed for preliminary measures and urged the tribunal to suspend all activities on the disputed area until the definitive determination of the case.

The moratorium prevented Tullow Oil from drilling additional 13 wells. Tullow thus drilled eleven [11] wells in Ghanas first oil field.

Background

In 2014, Ghana took the case to ITLOS to dispel claims it has encroached Cote dIvoires marine borders as part of oil exploration activities at Cape Three Points, off the shores of the Western Region.

Ghanas defense held that Cote dIvoire was barred from demanding ownership to the disputed area it had acknowledged that Ghana owned the space without any qualms in the decades leading up to the oil discovery.

The oral hearings for the dispute were concluded in February 2017.

In 2007, Ghana discovered oil and gas in commercial quantities, and this was followed by Cote dIvoire staking its claim to portions of the West Cape Three Points.

These claims were renewed in 2010 after Vanco, an oil exploration and Production Company announced the discovery of oil in the Dzata-1 deepwater-well.

Cote dIvoire petitioned the United Nations asking for a completion of the demarcation of its maritime boundary with Ghana, and Ghana responded by setting up of the Ghana Boundary Commission.

This commission was tasked with the responsibility of negotiating with Côte dIvoire towards finding a lasting solution to the problem. But this commission bore no fruit, and in September 2014, Ghana dragged Cote dIvoire to ITLOS after 10 failed negotiations.

ITLOSs first ruling in 2015 placed a moratorium on new projects, with old projects continuing after Cote dIvoire filed for preliminary measures and urged the tribunal to suspend all activities on the disputed area until the definitive determination of the case.

The moratorium prevented Tullow Oil from drilling additional 13 wells. Tullow thus drilled eleven [11] wells in Ghanas first oil field.


By Ghana Leaks Blog


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