The Problem of Maritime Boundary Delimitation in the Eastern Mediterranean:The Libyan–Turkish Memorandum of Understanding as a Case Study An Analysis in Light of the United Nations Convention on the Law of the Sea 1982

Abstract

This research seeks to examine the problem of maritime boundary delimitation in the Eastern Mediterranean region, focusing on the Memorandum of Understanding between Libya and Turkey (2019) as an applied case study, in light of the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 and relevant international judicial precedents. The study aims to analyze the extent to which this Memorandum complies with international rules, highlight its legal implications for the rights of neighboring states, and propose peaceful mechanisms for dispute settlement. The core issue of the research revolves around the compatibility of the Libyan–Turkish Memorandum of Understanding on maritime boundary delimitation with the rules and principles of the international law of the sea, and the resulting legal effects on the rights of neighboring states in the Eastern Mediterranean. To address this, the research adopts a descriptive methodology to present the legal framework and an analytical methodology to examine the Memorandum and judicial precedents. The study is structured as follows: Section One: The Legal Framework for Maritime Boundary Delimitation; Section Two: The Libyan–Turkish Memorandum of Understanding and its Legal Implications. The research concludes that the Memorandum raises significant legal challenges, particularly regarding the disregard for the effect of islands and the consideration of the rights of neighboring states. Furthermore, its conclusion occurred under constitutional and political circumstances that undermine its full legitimacy. The study emphasizes the necessity of resorting to the peaceful mechanisms stipulated in international law, with a focus on the principle of equity as a basis for achieving a just and stable resolution in the region.