Agreement on the Delimitation of Maritime Jurisdiction Areas between Türkiye and Libya

Agreement on the Delimitation of Maritime Jurisdiction Areas between Türkiye and Libya is a bilateral maritime boundary agreement signed in Istanbul on 27 November 2019 between the Republic of Türkiye and the Libyan State National Accord Government. It formally defines the continental shelf and Exclusive Economic Zone (EEZ) boundaries in the Eastern Mediterranean in accordance with international law. The agreement is a legal document that establishes a mutual maritime boundary (median line) between Türkiye and Libya in the Eastern Mediterranean based on the principles of equity, geographical superiority and the priority of mainland coastlines.^【1】

The historical background of the Agreement on the Delimitation of Maritime Jurisdiction Areas between Türkiye and Libya has been shaped by legal and political disputes over the determination of maritime jurisdiction areas in the Eastern Mediterranean. From the early 2000s onward, the discovery of hydrocarbon resources in the Eastern Mediterranean created conditions for increased efforts by coastal states to define their continental shelf and EEZ boundaries.^【1】 During this process, differing legal approaches and state practices regarding the sharing of maritime jurisdiction areas became one of the elements of regional relations.

Türkiye has shaped its approach to maritime jurisdiction areas in the Eastern Mediterranean on the principle of equity and has argued that the delimitation of maritime jurisdiction areas must be assessed in accordance with principles developed in international judicial decisions.^【2】 Türkiye has articulated its views on maritime boundary delimitation at international forums and submitted its maritime boundaries in the Eastern Mediterranean to the United Nations.^【2】

From Libya’s perspective, its declaration of an Exclusive Economic Zone under the framework of the United Nations Convention on the Law of the Sea made it one of the parties involved in discussions over maritime jurisdiction areas in the Eastern Mediterranean. Political and military developments in Libya after 2011 resulted in the National Accord Government assuming responsibility for the country’s policies regarding maritime jurisdiction areas.^【3】

Unilateral steps taken without prior maritime boundary agreements have led to the emergence of political and legal issues in the region. The first steps in this process were taken by the Greek Cypriot Administration (GCA), which signed EEZ delimitation agreements with Egypt on 17 February 2003, with Lebanon on 17 January 2007, and with Israel on 17 December 2010.^【4】 Türkiye and the Turkish Republic of Northern Cyprus (TRNC) have protested these unilateral agreements, asserting that the GCA lacks the authority to represent the entire island, disregards the equal rights of Turkish Cypriots, and violates Türkiye’s continental shelf rights.^【5】

Under the fundamental principles of international law, bilateral maritime boundary agreements must not infringe upon the rights and claims of third parties and must be suspended at points of overlap; the GCA-Israel agreement also overlapped with areas claimed by Lebanon, prompting Lebanon’s objection.^【5】 In response to the GCA’s unilateral actions, Türkiye and the TRNC have countered with both legal and political measures as well as on-the-ground activities. On 21 September 2011, a Continental Shelf Delimitation Agreement was signed between Türkiye and the TRNC, followed by the TRNC granting exploration licenses to the Turkish Petroleum Corporation (TPAO) and concluding a detailed cooperation agreement on 2 November 2011.^【6】 Seismic surveys initiated by the R/V Piri Reis were later expanded to include the seismic and drilling vessels Fatih, Yavuz, Kanuni and Oruç Reis, which operated in the Eastern Mediterranean under the escort of the Turkish Navy.^【7】

^{Türkiye-Libya Arasındaki Deniz Yetki Alanları Anlaşması İnfografisi (}Anadolu Ajansı⁾

The delimitation dispute in the region acquired an economic dimension alongside the discovery of natural gas reserves in the Eastern Mediterranean. Estimated reserves of 122 trillion cubic meters of natural gas have been identified in fields such as Tamar and Leviathan in Israel, Zohr in Egypt, and Aphrodite, Calypso and Glaucus in the GCA. Initiatives such as the Eastern Mediterranean Gas Forum, established by Egypt, Greece, the GCA and Israel, and the EastMed pipeline project aimed at transporting regional gas to Europe, sought to exclude Türkiye and Libya from the energy dynamics of the Eastern Mediterranean.^【8】

During this period, the EU Foreign Ministers adopted restrictive measures against Türkiye on 11 November 2019.^【5】 Türkiye emphasized that the EU cannot act as a court in matters of member states’ sovereignty claims, lacks authority to determine maritime boundaries and must remain neutral in overlapping areas.^【9】

The Memorandum of Understanding on the Delimitation of Maritime Jurisdiction Areas in the Mediterranean was signed by the foreign ministers of both countries following negotiations between President Recep Tayyip Erdoğan of the Republic of Türkiye and Fayez al-Sarraj, Chairman of the Presidency Council of the Libyan State National Accord Government.^【10】

The Grand National Assembly of Türkiye adopted a law finding it appropriate to ratify the agreement; subsequently, a Presidential Decree approving the agreement was published in the Official Gazette and entered into force. During the same period, Libyan authorities completed their domestic legal procedures, and the agreement entered into force after both parties fulfilled their respective national requirements. Following the completion of domestic procedures, the United Nations (UN) registered the agreement between Türkiye and Libya under Article 102 of the UN Charter.^【11】

Article 1 of the agreement defines the coordinates of the continental shelf and Exclusive Economic Zone boundaries between Türkiye and Libya. Based on the maps, a boundary line (median line) has been established extending from Point A (33° 53' 59.8" N - 026° 10' 01.6" E) to Point B (34° 08' 28.6" N - 026° 49' 33.0" E), with a length of approximately 18.64 nautical miles (30 km).^【12】

Article 2 refers to the maps illustrating the delimitation subject to the memorandum and the coordinates of the delimitation points used to determine the median line, and declares that these annexes form an integral part of the memorandum.^【13】 Article 3 stipulates that after entry into force, the agreement shall be registered with the United Nations Secretariat.^【13】 Article 4 of the memorandum regulates the procedures for resolving disputes arising from its implementation.^【13】

^{Harita Üzerinde Türkiye ile Libya Arasındaki Anlaşma (}Anadolu Ajansı⁾

Article 5 of the agreement provides that requests for review of the memorandum must be communicated in writing through diplomatic channels between the parties and that any amendments shall enter into force only upon mutual consent of both parties.^【13】 Article 6 sets out the provisions regarding the entry into force of the memorandum.^【13】

In addition to the maritime boundary agreement, on the same date the “Memorandum of Understanding on Security and Military Cooperation” was also signed, providing training and coordination support to the Libyan armed forces.^【14】

Greece has lodged a protest with the United Nations, claiming that the agreement violates the continental shelf rights of the islands of Crete, Rhodes, Kastellorizo and Meis and asserting that Türkiye and Libya do not have mutually facing coastlines.^【15】 The Athens administration declared Libya’s Ambassador to Athens, Mohamed al-Menfi, persona non grata in December 2019, citing his failure to comply with an ultimatum demanding that Libya present the agreement’s content to Greece.^【16】

The expelled al-Menfi, now serving as Chairman of the Libyan Presidency Council, received the Greek Prime Minister Kyriakos Mitsotakis and Foreign Minister Nikos Dendias in Tripoli.^【17】 The office of the EU High Representative for Foreign Affairs and Security Policy, Josep Borrell, and the EU Council expressed solidarity with the GCA and Greece and requested that the text of the agreement be submitted to the EU.^【18】 NATO Secretary General Jens Stoltenberg stated that “NATO’s role is not to take positions on international issues.” ^【2】