The East Mediterranean is poised to join the petroleum industry next spring as Israel starts natural gas production from its northern waters. However, this development is not without its risks, given that further discoveries have been made and the region has yet to finalize its maritime borders.
Cyprus and Lebanon signed in January 2007 an agreement for the “delimitation of the Exclusive Economic Zone” (EEZ). The accord has been ratified by Cyprus, but not by Lebanon, which has objected to an Israeli-Cypriot EEZ delimitation accord signed in December 2010. Lebanon asserts that Nicosia did not consult it on the amendment of the median unitary line with Israel, basically for amending the delimitation point 23 to point 1 (click on link below for maps), hence depriving Lebanon of around 854 sq km of its territorial waters. Beirut holds that Article 1-d of the Lebanon-Cyprus 2007 agreement states: “At the request of any of the two parties, any further improvement on the positional accuracy of the median line will be agreed upon by the two parties using the same principles, when more accurate data are available.”
Lebanon argues that it was neither consulted, nor agreed to the amendment of the median maritime line between Cyprus and Israel which caused the change in the EEZ and its maritime territory. Nicosia maintains that it was not obliged to consult Beirut, since Lebanon had not ratified the 2007 treaty. Cyprus argues further that the problem now is between Lebanon and Israel and that it is not in a position to change its accord with Israel.
Israel and Lebanon remain technically at war, so they do not hold bilateral negotiations. According to local press reports, the US tried recently to mediate the dispute, with the US team headed by Ambassador Frederick Hoff, Deputy Special Envoy for Middle East Peace, proposing that 530 sq km of the disputed 854 sq km be considered part of Lebanon’s offshore area. Neither side has accepted the offer. MEES learns that Lebanon’s political parties, despite their wide differences, are unanimous in refusing to relinquish any territory.
The following are the Cyprus-Lebanon and Cyprus-Israel offshore delimitation agreements, made available exclusively to MEES:
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LEBANON AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS ON THE DELIMITATION OF THE EXCLUSIVE ECONOMIC ZONE
The Government of the Republic of Lebanon and the Government of the Republic of Cyprus (hereinafter referred to as “the two Parties”);
• Desiring to strengthen further the ties of good neighborhood and cooperation between the two countries;
• Recognizing the importance of the delimitation of the Exclusive Economic Zone for the purpose of development in both countries;
• Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, to which the two countries are parties;
Have agreed as follows;
Article 1
a. The delimitation of the Exclusive Economic Zone between the two Parties is effected by the median line of which every point is equidistant from the nearest point on the baseline of the two Parties.
b. The median line and its limits is defined by points (1) to (6) according to the list of Geographical Coordinates annexed to this Agreement (Annex I).
c. The median line determined, appears graphically on the Official Hydrographic Chart published by the British Admiralty, No.183 (Ras at Tin to Iskenderun), scale1/1,100,000 (Annex II).
d. At the request of any of the two Parties, any further improvement on the positional accuracy of the median line, will be agreed upon by the two Parties using the same principles, when more accurate data are available.
e. Taking into consideration article 74 of the United Nations Convention on the Law of the Sea of 10th of December, 1982, the geographical coordinates of points (1) and (6) could be reviewed and/or extended and duly revised as necessary in light of future delimitation of the Exclusive Economic Zone with other concerned neighboring States and in accordance with an agreement to be reached in this matter by the neighboring States concerned.
Article 2
In case there are natural resources extending from the Exclusive Economic Zone of one Party to the Exclusive Economic Zone of the other, the two Parties shall cooperate in order to reach an agreement on the modalities of the exploitation of such resources.
Article 3
If any of the two Parties is engaged in negotiations aimed at the delimitation of its Exclusive Economic Zone with another State, this Party, before reaching a final agreement with the other State, shall notify and consult the other Party, if such delimitation is in connection with coordinates (1) or (6).
Article 4
a. Any dispute arising from the implementation of this Agreement shall be settled through diplomatic channels in a spirit of understanding and cooperation.
b. In case the two Parties do not settle the dispute within a reasonable period of time through diplomatic channels, then the dispute will be referred to arbitration.
Article 5
1. This Agreement is subject to ratification according to the constitutional procedures in each country.
2. This Agreement shall enter into force upon the exchange of the instruments of ratification.
DONE in duplicate at Beirut this 17th day of January 2007 in English and Arabic languages, both texts being equally authentic. In case of differences of interpretation, the English text shall prevail.
For the Government of The Republic of Lebanon
For the Government of The Republic of Cyprus
ANNEX I
List of Geographical Coordinates of points 1 to 6 defining the median line and its limits annexed to the Agreement between the Republic of Lebanon and the Republic of Cyprus on the Delimitation of the Exclusive Economic Zone
Number Of Point Latitude (North) Longitude (East)
1 33°38’40” 33°53’40”
2 33°51’30” 34°02’50”
3 33°59’40” 34°18’00”
4 34°23’20” 34°44’00”
5 34°39’30” 34°53’50”
6 34°45’00” 34°56’00”
* The geographical coordinates of points 1 & 6 could be reviewed and/or extended and duly revised as necessary in accordance with the provisions of this Agreement.
NOTE 1: The median line determined, appears graphically on the Official Hydrographic Chart published by the British Admiralty, No.183 (Ras at Tin to Iskenderun), scale1/1,100,000, Annex II to the above Agreement.
The positional accuracy of the median line and the derived geographical coordinates of the turning points (1) to (6) are those of the above mentioned British chart.
NOTE 2: Any further improvement on the positional accuracy of the median line will be agreed upon by the two Parties using the same principles, when more accurate data are available.
Ministry of Interior Ministry of Public Works & Transport
Department of Lands and Surveys Hydrographic Unit Directorate General of Land & Maritime Transport
Cyprus Lebanon
Name & Title: Name & Title:
Signed: Signed:
Date: Date:
AGREEMENT BETWEEN THE GOVERNMENT OF THE STATE OF ISRAEL AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS ON THE DELIMITATION OF THE EXCLUSIVE ECONOMIC ZONE
The Government of the State of Israel and the Government of the Republic of Cyprus (hereinafter, each, individually, a “Party”; jointly, the “two Parties”);
Desiring to strengthen further the ties of good-neighborliness and cooperation between the two countries;
Recognizing the importance of the delimitation of the Exclusive Economic Zone for the purpose of development in both countries;
Recalling the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, relating to the Exclusive Economic Zone;
Basing themselves on the rules and principles of international law of the sea applicable to the matter;
Have agreed as follows:
Article 1
(a) The delimitation of the Exclusive Economic Zone between the two Parties is effected by the median line, as such term is defined in
paragraph (b) below.
(b) The median line between the two Parties and its limits are defined by points 1 to 12, in accordance with the list of geographical coordinates attached hereto as Annex I, which constitutes an integral part of this Agreement.
(c) The median line, as determined, appears graphically on the Official Hydrographic Chart published by the British Admiralty No. 183 (Ras at Tin to Iskenderun), scale1/1,000,000 (Attached hereto as Annex II, which constitutes an integral part of this Agreement).
(d) The coordinate values of the agreed points 1 to 12 on the median line take precedence over the chart noted in paragraph (c) above, and over any other map or chart that reflects the location of the median line between the Parties.
(e) Taking into consideration the principles of customary international law relating to the delimitation of the Exclusive Economic Zone between States, the geographical coordinates of points 1 or 12 could be reviewed and/or modified as necessary in light of a future agreement regarding the delimitation of the Exclusive Economic Zone to be reached by the three States concerned with respect to each of the said points.
Article 2
In case there are natural resources, including hydrocarbons reservoirs, extending from the Exclusive Economic Zone of one Party to the Exclusive Economic Zone of the other, the two Parties shall cooperate in order to reach a framework unitization agreement on the modalities of the joint development and exploitation of such resources.
Article 3
Without prejudice to the provisions of Article 1 (e), if either of the two Parties is engaged in negotiations aimed at the delimitation of its Exclusive Economic Zone with another State, that Party, before reaching final agreement with the other State, shall notify and consult the other Party, if such delimitation is in connection with coordinates 1 or 12.
Article 4
(a) Any dispute arising from the interpretation or implementation of this Agreement shall be settled through diplomatic channels in a spirit of understanding and cooperation.
(b) In the event that the two Parties do not settle the dispute within a reasonable period of time through diplomatic channels in accordance with paragraph (a) above, the dispute will be referred to arbitration. The terms of reference and the procedure of the arbitration shall be determined by the Parties, by mutual agreement, prior to the commencement of the arbitration.
Article 5
(a) This Agreement is subject to ratification according to the constitutional procedures in each country.
(b) This Agreement shall enter into force upon the exchange of the instruments of ratification.
Done at Nicosia on 17th of December 2010, which corresponds to the 10th of Tevcl 5771, in two originals in the Hebrew, Greek and English languages, all texts being equally authentic. In case of divergence of interpretation of the texts, the English version shall prevail.
For the Government of For the Government of
The State of Israel The Republic of Cyprus
ANNEX I
List of geographical coordinates of points 1 to 12 in WGS84 datum defining the median line between the State of Israel and the Republic of Cyprus and its limits, annexed to the Agreement between the Government of the State of Israel and the Government of the Republic of Cyprus on the Delimitation of the Exclusive Economic Zone
Point Latitude Longitude
1 33°38’40”N 33°53’40”E
2 33°37’24”N 33°52’06”E
3 33°32’59”N 33°46’42”E
4 33°30’00”N 33°43’05”E
5 33°24’27”N 33°36’15”E
6 33°16’55”N 33°27’02”E
7 33°09’25”N 33°17’50”E
8 33°03’22”N 33°10’28”E
9 32°59’37”N 33°05’56”E
10 32°56’03”N 33°01’36”E
11 32°54’35”N 32°59’50”E
12 32°53’20”N 32°58’20”E
The geographical coordinates of points 1 and/or 12 could be reviewed and/or modified as necessary in accordance with the provisions of this Agreement.
NOTE 1: The median line, as determined, appears graphically on the Official Hydrographic Chart published by the British Admiralty No. 183 (Ras at Tin to Iskenderun), scale 1/1,100,000 (Attached hereto as Annex II).
NOTE 2: The median line between any two of the aforementioned successive points follows the geodesic line between these points.
NOTE 3: The list of the geographical coordinates as above takes precedence over any map or chart that reflects the location of the median fine between the Parties.
Dr. Haim Srebro Mr. Christos Zenonos
Director General Chief Hydrographer
Survey of Israel Department of Lands and Surveys
For the State of Israel For the Republic of Cyprus