The Turkey-Libya Memorandum of Understanding: “cutting-off” the very essence of international law
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Keywords
International law ; UNCLOS ; VCLT ; State responsibility ; Turkey ; Libya ; Greece ; MoU ; Sovereign rights ; Continental shelf ; Maritime delimitation ; The Principle of Permanent Sovereignty over natural resources ; The right to self-determination of peoples ; Jus cogens ; Article 53 of the VCLT ; Annulment ; Wrongful Act ; ReparationAbstract
In the era of grave geopolitical realignments, the international legal order faces challenges, constituting the need of amendments imperative, in order to secure legal certainty and stability within a just international environment that should be attributed with the means of legal enforcement and intervention, especially in cases of violation of norms set to serve and protect public interest. The present thesis, examines the case of the MoU that was signed between the States of Turkey and Libya on the 27th of November 2019, towards the delimitation of their alleged maritime boundaries and the legal issues deriving from the content of this agreement. In the context of a comprehensive study over the specific case of maritime delimitation, it is necessary to address the interrelation of the International Law of the Sea with International Law, the jurisdictional maritime zones and their legal status under the UNCLOS, with the Continental shelf being the main point of interest, the delimitation of maritime boundaries as a process, as well as the implications caused by dependent islands caught in the middle of it, and the legal nature of the MoU in question, which is determinative for the application of International Law, the Law of treaties and State Responsibility. The objectives of the current research are to provide proof of the illegal nature of the MoU, to detect all possible realized infringements, as well as to identify its legal consequences, the possible grounds of invalidity and the provided procedures towards its annulment, along with the established rights of the injured third States, under the scope of International Law.
Postgraduate Studies Programme
Energy: Strategy, Law & EconomicsDepartment
Σχολή Οικονομικών, Επιχειρηματικών και Διεθνών Σπουδών. Τμήμα Διεθνών και Ευρωπαϊκών ΣπουδώνNumber of pages
86Language
EnglishCollections
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Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα