In 2016, Togo realising that the maritime boundary line between Ghana and Togo has not been formally delimited, decided to wisely triggered a dispute by unilaterally notifying Ghana that they do not recognize the Customary Maritime Boundary Line that was recognized by both states for over 60 years.
The area between the customary boundary and an imaginary Meridian boundary line is therefore considered as the ‘disputed area’ which is now called the Trans boundary area.
As a result of this dispute the Presidents of Ghana and Togo decided to set up a Joint Technical Committee in 2017 to undertake negotiations to resolve the dispute.
The Joint Committee met several times, alternating between Lome and Accra, from 2018 to 2022. However, the negotiations reached a stalemate, and the Ghana team had no option but to escalate the outstanding issues to the Presidency in May 2022.
Clearly defined boundaries are important for addressing emerging offshore challenges, including seabed mineral deposits, fishing and marine considerations, and blue economy dynamics.
In recent times, overlapping oil and gas issues have been the main driver of boundary disputes, in which Ghana is taking measures to avoid in the Keta basin, which has translated into the maritime dispute with Togo. Togo, however, took advantage of the provisions of UNCLOS to make a case for a defined, delimited maritime boundary by refusing to recognise the existing customary boundary line.
Legal settlement of maritime boundary disputes prevents uncertainty for governments and investors and helps for prolong use of marine resources by nation-states. This is what Ghana may be pursing in the case of the Ghana/Togo dispute.
Maritime boundary delimitation involves defining the boundaries of a country’s Territorial Sea (TS), EEZ, and Continental Shelf. The dispute with Togo is limited to the TS and EEZ. UNCLOS guidelines for delimiting maritime boundaries are the use of the following:
- a) Equidistance Principle
- b) Equitable Principles
- c) Relevant Circumstances
In the case of the Ghana/Cote d’Ivoire maritime dispute, ITLOS applied both the Equidistance and the Relevant Circumstances Principles to resolve the dispute. In the North Sea dispute in 1969, it was resolved using the Equidistance and Equitable Principles to define the delimitation.
The arbitration procedure is a legal mechanism that is steered peacefully and is stipulated in the UNCLOS for use by conflicting states to settle overlapping claims.
The Arbitration approach initiated by Ghana will therefore generally contribute to the peace and stability of not only Ghana but also for regional stability.
The approach will therefore provide the basis for the continuous building of a strong bilateral diplomatic relationship with Togo, based on common cultures, cross-ethnic relations, and the languages spoken on both sides along the international boundary between Ghana and Togo.
In a nutshell, international maritime delimitation, as prescribed by UNCLOS, promotes good governance, as emphasized by Sun Tzu’s theoretical writings.
This way, the arbitration path adopted by Ghana shall protect its national interests and continue to safeguard the state’s peace, security, and stability, as prescribed in Chapter 9 of the National Security Strategy of Ghana.
By
Emmanuel Kotia PhD
Retired Major General.
