Managing Transboundary Petroleum Deposits: Cooaperation as a Customary Obligation (with Emphasis on Finall ICJ Award in 2017 between Ghana and Côte d'Ivoire)

Document Type : Original Article

Authors
Ali Rezaei 1
Sayyed Rasol Tabatabaei Moghaddam 2
1 PhD student in oil and gas law, Faculty of Law, Shahid Beheshti University, Tehran, Iran (Corresponding Author)
2 PhD student in oil and gas law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
10.22034/lc.2024.472418.1529
Abstract
Transboundary hydrocarbon resources management is one of the most important and complex issues of international law, which faces many challenges and so far no general or multilateral treaty has been devoted to this issue. Therefore, this article, by reviewing the principles governing the management of these resources, the practice of interested countries and international litigation, especially the innovations of the International Court of the Sea award in 2017, states different solutions for managing these resources and the best current. Conclusion states that cooperation as the most appropriate possible solution has become a customary international commitment. Furthermore, by examining the bilateral practice of interested countries, the provisions of the Convention on the Law of the Sea, UN General Assembly resolutions and international judicial opinions, it can be concluded that the overall obligation to cooperation, a dual obligation includes an obligation to cooperate in reaching an agreement and an obligation to impose reciprocal prohibitions in the absence of an agreement, is a well-established international custom.
Keywords
Management
Transboundary Hydrocarbon Resource Management
Customary Obligation
Cooperation
International Maritime Court Award in 2017
Subjects