A delimitação de fronteiras marítimas entre a Guiné-Bissau e o Senegal

• Autor(a) principal: Semedo, Sarita Sanches
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/144282
• topic: delimitação de fronteira; Zona cinzenta; Aproveitamento conjunto; Espaços marítimos; Direitos de soberania; Boundary delimitation; Gray zone; Joint exploitation; Maritime spaces; Sovereign rights; Direito

The 1982 United Nations Convention on the Law of the Sea has driven the evolution of the international law of the sea, both in the academic field and in jurisprudence. With the creation of the Exclusive Economic Zone in 1982, the 1960 Luso-French Agreement, which delimited the maritime border between Guinea-Bissau and Senegal left out this new space, as it did not exist at the time the agreement was concluded. Thus, due to the importance of the delimitation of the border between states with opposite or adjacent coasts, we propose the elaboration of the present dissertation entitled "The delimitation of maritime borders between Guinea-Bissau and Senegal: Old and New Challenges". The aim of this theme is to analyze the problems surrounding the delimitation of maritime boundaries between these states and examine the delimitation possible for the EEZ created in 1982. From this study we see that Guinea-Bissau and Senegal, as coastal states, have economic interests in the sea. The maritime dispute between these two states to extend their jurisdiction in the area adjacent to their land territory is linked to technological availability and the possibility of exploiting the vast resources that the sea holds, some of which are still unknown. Due to the utis possidetis principle these two newly independent states could not dissociate themselves from the Luso-French agreement of 1960, which delimited the maritime border in t We can also verify through our research that, in the delimitation of the maritime boundary in the EEZ between Guinea-Bissau and Senegal, if they do not reach an agreement to renegotiate the entire boundary, the criterion of equidistance/special circumstances is applied in three phases. Consequently, as we have tried to demonstrate, the delimitation of the border in the EEZ will create a "gray zone" in part of the EEZ of Guinea-Bissau and the continental shelf of Senegal. Indeed, in order to overcome the difficulties related to legal and practical conflicts in developing the resources of the "gray zone", the parties may conclude a new agreement for the joint exploration and exploitation of the resources of the "gray zone".