14. starptautiskÄ konference 2012 - Latvijas JÅ«ras akadÄmija

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Proceedings of 14th International conference „Maritime Transport and Infrastructure - <strong>2012</strong>”1. Maritime delimitation with EstoniaNegotiations between delegations of Estonia and Latvia on Maritime delimitation have beenstarted since 1991. Most of the difficulties to reach mutually acceptable agreement on delimitationwere in connection with fishery interests. In spring 1995 differences of positions of both countriesescalated evens so that navy patrol boats were involved in the control of disputed area. Neverthelessnegotiations were not terminated and in 1996 they resulted in „Agreement between the Republic ofEstonia and the Republic of Latvia on the Maritime Delimitation in the Gulf of Riga, the Strait of Irbeand the Baltic Sea, 12 July 1996” which soon was ratified by both countries. Details of thesenegotiations are described in Vol .IV, American Society of International Law, International MaritimeBoundaries, 2002 [2]. This Agreement confirmed 15 points of delimitation and from point 15 also astraight geodetic line in the azimuth of 289°19.35' up to the boundary of the exclusive economic zoneand the continental shelf of the Kingdom of Sweden [3].Fig 1. Delimitation map when negotiating Agreement between the Republic of Estonia and the Republic ofLatvia on the Maritime Delimitation in the Gulf of Riga, the Strait of Irbe and the Baltic Sea, 12 July 1996.In April 1997 the Agreement between the Government of the Republic of Estonia, theGovernment of the Republic of Latvia and the Government of the Kingdom of Sweden on the on theCommon Maritime boundary Point in the Baltic Sea was signed confirming this important commonpoint in position 58° 01,440'N 20° 23,775'E [4].These Agreements are giving solid base for good neighbourhood relations with Estonia andalso for further spatial planning of relevant maritime area. At the same time some specific situation inconnection with Latvian national legislation, i.e., the Law “On the State Border of the Republic ofLatvia” it should be noted in regard to territorial sea outer limit in the Gulf of Rīga area. This issue isdiscussed more in detail in part 4 of this paper.2. Maritime delimitation with LithuaniaNegotiations between Latvia and Lithuania on Maritime delimitation have been commencedsince late 1993. Drastic differences in proposals of delimitation were noted from both countries from6
Proceedings of 14th International conference „Maritime Transport and Infrastructure - <strong>2012</strong>”very beginning of these negotiations. In relation to territorial sea Latvia proposed prolongation of landborder direction at sea, so applying historical method. That was declined by Lithuanian delegation.Then Latvian delegation gave in and proposed delimitation of territorial sea by equidistance from therelevant coast method. That proposal also was declined by Lithuanian side.As to delimitation of EEZ and Continental Shelf (CSh) very different views have beenpresented. Latvia proposed application of equidistance method but Lithuania insisted on 270° azimuth(parallel) from last point of land border up to EEZ of Sweden. Basic obstacles to reach equitablesolution were economic interests as there are substantial oil fields in disputed area (Fig.2) [5].Fig.2. Oil fields on the Lithuanian – Latvian sea borderSome compromise solutions have been reached on later stages of negotiations on delimitationof territorial sea, but Lithuanian delegation was obstinate and persisted on parallel method on EEZ/CSh delimitation. Negotiations passed many unsuccessful stages. This situation was influenced also byLatvia concluding and ratifying in Saeima agreement with AMOCO oil company in October 1995.Licence for this company was extended up to outer end of disputed EEZ/ CSh area.In 1999 negotiations were activated in response to political pressure from Latvian rulingparties and President to conclude maritime delimitation agreement with Lithuania without delay, sodemonstrating European Union that Latvia has no border conflicts with neighbouring countries.In May 1999 in Palanga both delegations signed the “Agreement between the Republic ofLatvia and the Republic of Lithuania on the delimitation of the territorial sea, exclusive economic zoneand continental shelf in the Baltic Sea” [6]. This Agreement on 9 th July 1999 was signed also by PrimeMinisters of both countries. Then Latvian–Lithuanian Maritime Delimitation agreement was sent toLatvian Parliament – Saeima for ratification, but passed only 1 st reading, while Lithuanian Parliament– Seimas ratified it in October 1999 by almost unanimous vote.Numerous attempts to resume the ratification process in Latvia further failed. The 1999Agreement was used for practical application for cartography, for search and rescue purposes and forfishing. This delimitation was unilaterally also confirmed by Lithuanian national legislation [7] but notby Latvian national legislation.It is apparent that maritime delimitation as in 1999 Latvia – Lithuania Agreement is notcomplying nether with the principle of equidistance nor equity. This Agreement was driven bypolitical motives of that time rather than following basic provisions of UNCLOS 82, which shall be7
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14. starptautiskÄ konference 2012 - Latvijas JÅ«ras akadÄmija

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14. starptautiskÄ konference 2012 - Latvijas JÅ«ras akadÄmija