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Abstract
This article focuses on the ongoing maritime boundary dispute between Kenya and Somalia. It argues that, regardless of the anticipated International Court of Justice's ruling in 2020, the decision will only formalize legal ownership of the disputed area rather than settling recurrent border disputes between the two states. This is because of the broader geopolitical factors that are shifting the security landscape in East Africa and the Horn. The article discusses some of the legal principles upon which the court's decision might be hinged, contending that winning the case on either side will not change much in terms of the growing regional security concerns. Withstanding the dynamics of this dispute and the changes in regional balance of power, the article does not pretend to offer exhaustive thoughts on the case, neither does it offer solutions to that end. Rather, its ultimate objective is to generate academic and policy debates on whether regional arrangements would be the best course of action for these kinds of dispute as a means to prevent potential ripple effect in the continent.
Introduction
Territorial and boundary disputes are not a new phenomenon in Africa. The 1884-1885 Berlin Conference, for instance, "set out (among other things) the conditions under which territory might be acquired on the coast of Africa."1 While the Conference may have served as a major landmark in Africa's territorial governance,2 it also marked the beginning of border/boundary disputes on the continent, both terrestrial and maritime.3 In many cases, boundary claims stem from historical variations of border maps, territorial redrawing of the newly formed states, and reconfiguration of rights and responsibilities4.
As such, one leading explanation for boundary disputes is that "borders were designed in European capitals at a time when Europeans had barely settled in Africa with little knowledge of the geography and ethnic composition of the areas whose borders were designing."5 While colonial legacy may have had a profound impact on contemporary border/boundary conflicts in Africa, recent studies have shown how increased exploration of inland, offshore, and coastline natural resources influence the current patterns of border/boundary conflicts over time and space.6 Drawing upon country-specific cases, such studies seek to approve or disapprove dominant perspectives on natural resource conflicts, such as "resource curse," "resource trap," or "Dutch...