Dispute concerning delimitation of the maritime boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean (Ghana/Côte d'Ivoire)

During consultations held by the President of the Tribunal with representatives of Ghana and Côte d’Ivoire on 2 and 3 December 2014, a special agreement was concluded between the two States on 3 December 2014 to submit the dispute concerning the delimitation of their maritime boundary in the Atlantic Ocean to a special chamber of the Tribunal to be formed pursuant to article 15, paragraph 2, of the Statute. An original copy of the special agreement was delivered to the Registry on 3 December 2014, which constituted the notification required under article 55 of the Rules. The case was entered in the Tribunal’s list of cases as Case No. 23.

By an Order dated 12 January 2015, the Tribunal decided to accede to the request of the parties to form a Special Chamber to deal with the case and determined the composition of the Special Chamber with their approval. The Tribunal constituted the Special Chamber as follows: Judge Bouguetaia, President; Judges Wolfrum and Paik, and judges ad hoc Thomas Mensah and Ronny Abraham, members.

By the same Order, the Tribunal decided that the written proceedings would consist of a memorial presented by Ghana and a counter-memorial presented by Côte d’Ivoire, and that the Special Chamber might authorize or direct the presentation of a reply by Ghana and a rejoinder by Côte d’Ivoire, if the Special Chamber decided, at the request of a party or proprio motu, that these pleadings were necessary.

On 18 February 2015, the President of the Special Chamber held consultations with the representatives of the parties in order to ascertain their views with regard to questions of procedure.

On 24 February 2015, further to the agreement of the parties, the President of the Special Chamber adopted an Order fixing 4 September 2015 as the time limit for the filing of the memorial by Ghana, 4 April 2016 as the time limit for the filing of the counter-memorial by Côte d’Ivoire, and, should the Special Chamber find it necessary to authorize the presentation of a reply and a rejoinder, 4 July 2016 as the time limit for the filing of the reply by Ghana and 4 October 2016 as the time limit for the filing of the rejoinder by Côte d’Ivoire. The memorial and the counter-memorial were filed within the prescribed time-limits.

Request for the prescription of provisional measures

On 27 February 2015, Côte d’Ivoire filed a request for the prescription of provisional measures by the Special Chamber in accordance with article 290, paragraph 1, of the Convention.

By an Order dated 6 March 2015, after having ascertained the views of the parties, the President fixed 29 March 2015 as the date for the opening of the hearing.

Ghana filed its written statement with the Special Chamber on 23 March 2015.

Prior to the opening of the hearing, the Special Chamber held initial deliberations on 28 March 2015.

Oral statements were presented at four public sittings held on 29 and 30 March 2015.

In accordance with article 75, paragraph 2, of the Rules, the parties presented their final submissions at the hearing on 30 March 2015.

The Special Chamber delivered its Order unanimously on 25 April 2015.

Proceedings on the merits

On 16 March 2016, the Special Chamber adopted an Order authorizing the submission of a reply by Ghana and a rejoinder by Côte d’Ivoire and fixing 4 July and 4 October 2016, respectively, as the time-limits for the filing of the pleadings.

Subsequently, by Order dated 25 April 2016, the President of the Special Chamber extended the time-limits for the submission of the reply and the rejoinder to 25 July and 14 November 2016, respectively. The reply and the rejoinder were filed within the extended time-limits.

On 15 December 2016, the President of the Special Chamber adopted an Order fixing 6 February 2017 as the date for the opening of the oral proceedings in the case. Prior to the opening of the hearing, the Special Chamber held initial deliberations on 2 and 3 February 2017.

The Parties presented their oral statements at nine public sittings which took place from 6 to 16 February 2017. In accordance with article 75, paragraph 2, of the Rules, the parties presented their final submissions at the hearing, on behalf of Ghana at the hearing held on 13 February 2017, and on behalf of Côte d’Ivoire, at the hearing held on 16 February 2017.

The Special Chamber delivered its Judgment on 23 September 2017.