The ICJ’s Judgement in Somalia v. Kenya and Its Implications for the Law of the Sea

Abstract

By its judgement of 2 February 2017, the International Court of Justice took up jurisdiction to adjudicate the maritime dispute between Somalia and Kenya. Notwithstanding surrounding controversies, the Court set out important rules concerning the law of treaties. The main implication of the judgment is that the Court embraced a more objective definition of treaties and identified the significance of context as well as travaux préparatoires in treaty interpretation. By doing so, the Court further established itself as the default adjudicator in law of the sea disputes unless the reservation to its jurisdiction is sufficiently precise. This case note summarises the facts and analyses the potential ramifications of this judgement on international dispute resolution.