Guinea Bissau - Senegal
JDA18@GBSE
Africa
A. Management and Cooperation Agreement between the Government of the Republic of Senegal and the Government of the Republic of Guinea-Bissau
[JDA18@GBSE#1A Management and Cooperation Agreement 1993]
B. Protocol to the Agreement of 14 October 1993, concerning the organization and operation of the Management and Cooperation Agency
Implementation Date:
A. 14 October 1993
B. 12 June 1995 entry into force: 21 December 1995
Maritime border Defined
Joint Authority Model
Summary:
After years of failed negotiations, Guinea Bissau and Senegal agreed to arbitrate their pre-independence 1960 maritime boundary agreement established between Portugal and France. The 1989 tribunal ruled in favour of the original agreement. The case was then taken to the ICJ, which confirmed, in 1991, the validity of 1989 tribunal judgement.
In 1993, further negotiations produced a Management and Cooperation Agreement in October
1993 and a supplementary Protocol in 1995 that established a wedge-shaped ‘Area of
joint exploitation’ (Joint Area) straddling the 1960 delimitation line, as well as a further zone of overlapping claims. The zone starts at the land boundary and presumably extends to the outer limits of their maritime claims. Hydrocarbon resources from the exploitation of the continental shelf shall be shared Eighty-five per cent to Senegal, Fifteen per cent to Guinea-Bissau. In the event of new discoveries, these proportions shall be revised, and such revisions shall depend on the quantity of resources discovered. The Agreement mandates the establishment by subsequent agreement of an ‘International Agency’ to exploit the Joint Area. The JDA has been successful in encouraging exploration efforts in the area.
Split:
Resources of the continental shelf:
85 per cent to Senegal; 15 per cent to Guinea-Bissau.
In the event of new discoveries, these proportions shall be revised, and such revisions shall depend on the quantity of resources discovered.
<From JDA18@GBSE#1A [2]>
The percentage shares in the capital of the Enterprise shall be allocated as follows:
Republic of Senegal 67.5 per cent; - Republic of Guinea-Bissau 32.5 per cent. (presumably, the shares in the Authority)
<From JDA18@GBSE#1B [14]>
Governance:
Management and Cooperation Agency established in respect of the joint exploitation of the maritime area between azimuths 2680 and 2200 from Cape Roxo. The Agency shall be an international organization responsible for managing the resources of the Area, directly through the Enterprise or its subsidiaries or through other companies.
The Agency shall have exclusive rights to mining and petroleum titles and to fishing in the Area. The Agency shall compromise: The High Authority and the Secretariat; their respective operations and areas of competence are defined hereinafter.
The Enterprise shall be available to it for these purposes. The Enterprise may itself carry out, or cause to be carried out by holders of any mining or petroleum permits or fisheries licences which it has granted, such work or activities as shall have been decided, and shall monitor the conduct of such work or activities;
Other References:
Arbitral Award of 31 July 1989 (Guinea-Bissau v. Senegal)
Application Instituting Proceedings filed in the Registry of the Court on 23 August 1989 : Arbitral Award of 31 July 1989 (Guinea-Bissau v. Senegal), ICJ 1989 General List No. 82