If we consider the conflict from the point-of-view of the Moroccan government,
(MRabet Temsamani 2018), Ceuta and Melilla are Moroccan towns and the islands
and the rock are part of Moroccan territory. During its ratification of UNCLOS,
Morocco declared its intention to reiterate its claim ‘eternally’.
This territorial conflict becomes apparent with the plotting on the surface of the
baselines and the bays’ closing lines along the coastline and when plotting the outer
boundaries of the territorial sea, the contiguous zone and the exclusive economic
zone. The straight baselines in question are as follows: Almina Point—Black Cape;
Farallones—Restinga Tofiño; Restinga Tofiño—the Northernmost Point of Congress island, and the Northernmost Point of King’s Island—the Algerian-Moroccan
border.
This means that the two towns under Spanish sovereignty belong to Morocco
according to Moroccan internal law, and the same is even truer for the closed bay of
Al-Hoceima, which encloses in its internal waters the island of Vélez de Gomera/
Badis, which is also under Spanish sovereignty.
In addition, a glance at a maritime chart of the ports of Melilla and Bani Ansar
leads us to believe that this is a single port, as part of the port of Bani Ansar is clearly
inside the internal waters of the port of Melilla, especially in the region of the
former’s dike. However, it was not possible to protest against this overlap on the
part of Spain at either local or central level.
As can be observed, no delimitation is forthcoming, since the lack of an agreement on the subject between the two States means that no delimitation will be
recognised or respected in the Alboran Sea. In the meantime, Spain continues to
strive to avoid any procedures or decisions that might impact its diplomatic relationship with Morocco.
Alboran Island and Las Nubes Islet are located 57 km from the coast of Morocco
and 87 km from the Spanish shore. There is no conflict between the two States in this
case as no claim has been made. Their current status and legal regime are governed
by Article 121, para. 3, which provides for them to possess a territorial sea and a
contiguous zone, but gives them no rights to an exclusive economic zone or a
continental shelf (Gutiérrez Castillo 2006).
2.4 Maritime Governance and Cross-Border Cooperation
The Mediterranean Sea is an area where a substantial number of multilateral action
initiatives can be found in the maritime affairs domain. Some of these are of a strictly
political and legal nature (§ 2), including the supranational structure of the European
Union. All the coastal States belong to such political–legal structures, although not
all to all of them.
This characteristic is a strength for the general governance of the basin, in so far
as its execution and development individually depend on each State as a main
political actor. However, the inadequacies and shortcomings of a large number of
States and the wide breach that separates the two shores in economic, political and
2 Regional Context and Maritime Governance
23
(MRabet Temsamani 2018), Ceuta and Melilla are Moroccan towns and the islands
and the rock are part of Moroccan territory. During its ratification of UNCLOS,
Morocco declared its intention to reiterate its claim ‘eternally’.
This territorial conflict becomes apparent with the plotting on the surface of the
baselines and the bays’ closing lines along the coastline and when plotting the outer
boundaries of the territorial sea, the contiguous zone and the exclusive economic
zone. The straight baselines in question are as follows: Almina Point—Black Cape;
Farallones—Restinga Tofiño; Restinga Tofiño—the Northernmost Point of Congress island, and the Northernmost Point of King’s Island—the Algerian-Moroccan
border.
This means that the two towns under Spanish sovereignty belong to Morocco
according to Moroccan internal law, and the same is even truer for the closed bay of
Al-Hoceima, which encloses in its internal waters the island of Vélez de Gomera/
Badis, which is also under Spanish sovereignty.
In addition, a glance at a maritime chart of the ports of Melilla and Bani Ansar
leads us to believe that this is a single port, as part of the port of Bani Ansar is clearly
inside the internal waters of the port of Melilla, especially in the region of the
former’s dike. However, it was not possible to protest against this overlap on the
part of Spain at either local or central level.
As can be observed, no delimitation is forthcoming, since the lack of an agreement on the subject between the two States means that no delimitation will be
recognised or respected in the Alboran Sea. In the meantime, Spain continues to
strive to avoid any procedures or decisions that might impact its diplomatic relationship with Morocco.
Alboran Island and Las Nubes Islet are located 57 km from the coast of Morocco
and 87 km from the Spanish shore. There is no conflict between the two States in this
case as no claim has been made. Their current status and legal regime are governed
by Article 121, para. 3, which provides for them to possess a territorial sea and a
contiguous zone, but gives them no rights to an exclusive economic zone or a
continental shelf (Gutiérrez Castillo 2006).
2.4 Maritime Governance and Cross-Border Cooperation
The Mediterranean Sea is an area where a substantial number of multilateral action
initiatives can be found in the maritime affairs domain. Some of these are of a strictly
political and legal nature (§ 2), including the supranational structure of the European
Union. All the coastal States belong to such political–legal structures, although not
all to all of them.
This characteristic is a strength for the general governance of the basin, in so far
as its execution and development individually depend on each State as a main
political actor. However, the inadequacies and shortcomings of a large number of
States and the wide breach that separates the two shores in economic, political and
2 Regional Context and Maritime Governance
23