Os meios pacíficos de solução de controvérsias entre a República de Angola e a República Democrática do Congo relativo à delimitação de Fronteiras marítimas

Abstract

The delimitation of maritime borders between Angola and the Democratic Republic of Congo (DRC) is not so recent as it began in May 2009 when the DRC provided preliminary information where it intends to Extension of its Continental Shelf beyond 200 nautical miles (mn) to the Continental Shelf Limits Commission (CLPC) and Angola sent in June of the same year a Verbal Note contesting this request. Angola in turn presented in December 2013 its official request for extension of the Continental Shelf beyond 200 mn to CLPC and this was also promptly challenged by the DRC in April 2014. Therefore, this opinion aims to present to the Angola, among the peaceful means of resolving conflicts on the delimitation of frontiers, which would best safeguard good bilateral relations and which could present a more equitable solution, observing the interests of the parties.In order to achieve the stated goal, we chose to use the deductive comparative method in that, after presenting the doctrine, norms of positive and customary international law, international princ iples, jurisprudence, a comparison was made between the means to deduce , Among them, which best defends the interests of Angola. The Opinion examined the many peaceful means of resolving conflicts, one without compulsory effectiveness (Inquiry, Negotiatio n, Good Offices, Mediation and Conciliation) and others with binding effectiveness (the Arbitral Tribunal, the International Court of Justice and the International Court of Mar) as well as several applicable principles of positive and customary internation al law. However, the concomitant application of some of these principles can not occur in different sea areas, otherwise they may not have equitable results, as different sea areas may have different characteristics and different special circumstances exis t on them. In the end, it is concluded that the best way to resolve this controversy between Angola and the DRC is to negotiate directly between the parties and, if the States involved do not reach an agreement, the International Tribunal for the Law of th e Sea would be the best Jurisdiction, with a binding character, to be elected by Angola.