Libya–Turkey maritime deal

Turkey and the Government of National Accord have signed a Maritime Boundary Treaty (officially "Memorandum of Understanding between the Government of the Republic of Turkey and the Government of National Accord – State of Libya on delimitation of the maritime jurisdiction areas in the Mediterranean") in order to establish an Exclusive economic zone in the Mediterranean Sea, which means that they can claim rights to ocean bed resources.[1] According to the list of maritime boundary treaties, this is the first agreement ever to be signed between the two countries, hence it introduces a new dynamic to the eastern region of the Mediterranean Sea. However, fears are expressed that the agreement may fuel an "energy showdown" in this region, because it is highly contentious.[2]

Libya and Turkey, and a rough map of their new EEZ established under the agreement

The legitimacy and the legal consequences of the accord have been disputed by a number of states in the region, as well as by the European Union. According to the European Union, the agreement "infringes upon the sovereign rights of third States, does not comply with the Law of the Sea and cannot produce any legal consequences for third states".[3] Both Cyprus and Egypt have dismissed the deal as "illegal", while Greece regards it as "void" and "geographically absurd", because it ignores the presence of the islands of Crete, Kasos, Karpathos, Kastellorizo and Rhodes between the Turkish–Libyan coasts.[4]

Turkish–Libyan position

According to the Turkish Newspaper Daily Sabah, the new agreement consists of the establishment of 200 Nautical miles of EEZ, and an establishment of 18.6 nautical miles of Continental shelf.[5] The Turkish position, according to Recep Tayyip Erdoğan is that it is protecting its sovereign rights to the Blue economy and defending their legal claims to the disputed territory in the Mediterranean.[6] Also, according to Anadolu Agency, EEZ boundaries' legality in the Mediterranean should be determined by continental shelves and mainland countries, rather than island based calculations.[7]

In Libya, the signing of the memorandum was met with varying responses: it was applauded by the supporters of the Government of National Accord, but rejected by supporters of both Khalifa Haftar and the House of Parliament based in Tobruk. Ahmad Al Mismari, the official spokesman of Haftar's forces, rejected the agreement and warned that “military force will be deployed to prevent any violation of Libyan sovereignty”.[8] Members of the Tobruk Parliament expressed similar sentiments, while its president, Aguila Saleh Issa, sent a letter to UN Secretary General, Antonio Guterres, describing the deal as "null and void". Saleh argued that the agreement should be ratified by the Tobruk Parliament, and that "Libya and Turkey do not have common maritime boundaries".[9]

EU and other opposing positions

European Commission Vice President Josep Borrell stated that the agreement signed by Turkey and Libya creates an infringement for third states, and does not comply with the Law of the sea.[10] The president of The Republic of Cyprus, Nicos Anastasiades aimed to create a diplomatic movement in order to nullify the Libyan-Turkish agreement. He has also stated that this movement would not include military options.[11] Greece lodged objections to the UN and expelled the Libyan ambassador in response to the deal, infuriated at a pact which skirts the Greek island of Crete and infringes, its continental shelf.[12]

The Israeli perspective offered by the Jerusalem Center for Public Affairs comments that the deal does not give sovereignty over the claimed waters to Turkey and Libya.[13] Furthermore, it states that the third states were kept in the dark regarding the Libyan-Turkish agreement, hence leading to questions regarding its legitimacy.[13]

In a Joint Declaration issued on 11 May 2020, Greece, Cyprus, Egypt joined by France and the United Arab Emirates denounced the deal, arguing that it "cannot produce any legal consequences for third States", as it infringes upon the sovereign rights of Greece, and does not comply with the Law of the Sea.[14] Turkey called the Joint Statement hypocritical by "a group of countries who are seeking regional chaos and instability".[15]

Consequences

Following the agreement, Turkey and Libya's UN recognised government have seen an increase in co-operation. This cooperation ranges from Turkish off shore exploration efforts, to providing aid for the Government of National Accord, for the currently ongoing Libyan Civil War (2014–present).[16] As the issues arising due to the dispute are still developing, the full consequences of this maritime dispute is yet to be seen.

References
  1. "ANALYSIS - Strategic, legal aspects of Turkey-Libya deal". aa.com.tr. Archived from the original on 2020-03-29. Retrieved 2020-05-02.
  2. Hacaoglu, Selcan; Kozok, Firat (5 December 2019). "Turkey's Maritime Muscle Flexing Roils Eastern Mediterranean". Bloomberg. Retrieved 5 May 2020.
  3. "Europe's leaders to reject Turkey-Libya maritime border deal". New Europe. 13 December 2019. Retrieved 2020-05-05.
  4. "Cyprus rallies neighbors to buck Turkey-Libya maritime deal". AP NEWS. 2019-12-20. Archived from the original on 2020-02-12. Retrieved 2020-05-02.
    * "Turkey-Libya maritime deal rattles East Mediterranean". Reuters. 2019-12-25. Archived from the original on 2020-02-17. Retrieved 2020-05-01.
    * "Turkey signs maritime boundaries deal with Libya amid exploration row". Reuters. 2019-11-28. Retrieved 2020-05-05.
    * "UN to post EEZ maps of Libya, Turkey deal". Kathimerini. 2020-02-16. Retrieved 2020-02-16.
  5. Oruç, Merve Şebnem (2019-12-11). "After Turkey-Libya deal, Greece and Israel can no longer exclude other coastal states". Daily Sabah. Archived from the original on 2020-04-27. Retrieved 2020-05-01.
  6. "Turkey-Libya maritime deal rattles East Mediterranean". Reuters. 2019-12-25. Archived from the original on 2020-02-17. Retrieved 2020-05-01.
  7. "ANALYSIS - Strategic, legal aspects of Turkey-Libya deal". aa.com.tr. Archived from the original on 2020-03-29. Retrieved 2020-05-01.
  8. "The Libya-Turkey Memorandum of Understanding: Local and Regional Repercussions". Arab Center Washington DC. 2020-02-01. Retrieved 2020-05-21.
  9. Sawsan Abu, Hussein; Khalid, Mahmoud (2019-10-12). "Mahmoud". Asharq Al-Awsat. Cairo. Retrieved 2020-05-21.
  10. "Answer for question E-004501/19". European Parliament. Retrieved 2020-05-02.
  11. "Cyprus rallies neighbors to buck Turkey-Libya maritime deal". AP NEWS. 2019-12-20. Archived from the original on 2020-02-12. Retrieved 2020-05-02.
  12. https://www.reuters.com/article/us-greece-libya-turkey-un/greece-says-libya-turkish-deal-invalid-in-bad-faith-idUSKBN1YE15U
  13. "Dore Gold: The Turkish-Libyan Maritime Agreement and the Struggle over the Mediterranean". Jerusalem Center for Public Affairs. Retrieved 2020-05-02.
  14. Antonopoulos, Paul (2020-05-12). "Greece, Egypt, Cyprus, France & UAE denounce Turkey in joint statement". Greek City Times. Retrieved 2020-05-12.
  15. "Turkey slams joint statement by five nations on east Med Sea, Libya". Hurriyet Daily News. 2020-05-12. Retrieved 2020-05-13.
  16. Gurcan, Metin (2020-01-31). "Turkey expands gas exploration efforts to Libya's offshore waters". Al-Monitor. Archived from the original on 2020-02-01. Retrieved 2020-05-02.
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