Libya – Tunisia (Gulf of Gabes)
JDA13@LITU
Africa
Joint development implementation agreements for Libya - Tunisia are not in the public domain.
However, the structure is known to have followed Judge Evensen’s suggestions in the ICJ Continental Shelf (Tunisia/Libyan Arab Jamahiriya) case - Judgment of 24 February 1982
Continental Shelf (Tunisia/Libya) (Diss. Op. Evensen) [1982] ICJ Rep 18.
Map Source: https://www.libyaherald.com/2012/12/14/new-deal-in-offing-for-joint-libyan-tunisian-offshore-field/the-gulf-of-gabes/
Implementation Date: August 1988
Maritime border Defined
Joint Authority / Unitization for straddling fields
Summary:
In the 1982 Case Concerning the Continental Shelf (Tunis. v. Libya), ICJ Judge Evensen, in his dissenting opinion, proposed a system of joint development of petroleum resources as an equitable alternative solution to the maritime boundary dispute.
After the ICJ judgement, Libya and Tunisia signed three agreements; the first for the delimitation of the continental shelf boundary, a second agreement to designate a joint exploration zone in the Gulf of Gabes area; and a third on the participation of Tunisia in the El Bouri field on the Libyan side of the continental shelf boundary. Tunisia receives ten percent of the income from the production in the El Bouri oil fields.
The joint development agreement followed the recommendations of ICJ Judge Evensen. The joint development area in the Gulf of Gabes area is split into two parts by the delimited continental shelf boundary. The agreement, which does not seem to be publicly disclosed, supposedly discusses the creation and financing of joint-venture projects for oil exploration and exploitation, formation of a joint Libyan-Tunisian exploration company to be established in Tunisia. The company was to be given the special status of an offshore enterprise to explore the gas field in the northwestern part of the joint zone.
Split:
As suggested by Judge Evensen, split was to 50/50, except for El Bouri field where the split would be Tunisia 10% / Libya 90%.
<From JDA13@LITU#2 ICJ - Dissenting Opinion of Judge Evensen [321]>
Governance:
In the area lying on the Tunisian side of the line of delimitation, Tunisian legislation, oil policy and administration should govern the petroleum activities. In the area lying on the Libyan side, Libyan legislation, oil policy and administration should prevail. Each Party should have the possibility to participate in the petroleum activities in the restricted area of the other Party as defined above, with 50 per cent participation either directly or through concessionaires. The national Party should have the right to be the operator unless otherwise agreed.
Each Party would have to pay the costs involved in the exploration and exploitation in accordance with the percentage of his participation. The Parties should establish a permanent consultative committee for activities in the joint exploitation areas. Likewise, unitization procedures should be provided in order to regulate the exploitation and the shared ownership where a petroleum deposit either straddles the line of delimitation or the outer lines restricting the zones of joint exploration.
<From JDA13@LITU#2 ICJ - Dissenting Opinion of Judge Evensen [321]>
Other References:
Case Concerning the Continental Shelf (Tunis. v. Libya) 1982 I.C.J. 18
Continental Shelf (Tunisia/Libya) (Diss. Op. Evensen) [1982] ICJ Rep 18.