Bridget Bolcik
Abstract: This study determines the legality of Libya’s claim to the Gulf of Sidra as a historic bay. In 1973, Libyan leader Muammar Qaddhafi drew a line extending over 250 miles across a map of his country closing off the Gulf of Sidra, a wide-mouthed body of water which opens out to the Mediterranean. In doing so, he declared sovereignty over the waters and airspace of the gulf, an area which was previously accepted as high seas with the full right of free passage. Neither the United States nor any other country, including the Soviet Union, which is considered Libya’s patron, has accepted the claim. Libya’s claim is examined considering three primary sources of international law: international conventions and treaties, teachings and definitions and scholars and publicists, and general principles recognized by civilized nations. The reaction of the international community to Libya’s claim is also examined with respect to some of the general principles of international law. Using these sources, it is determined that Libya’s claim is not in accordance with international maritime law. Libya’s claim is not legitimate because no states recognize it. Most importantly, Libya’s claim faces trouble because it has been actively contested by the United States of America – an action met with acquiescence from the international community.
Keywords: Libya, Gulf of Sidra, Muammar Qaddhafi, international law, maritime, United States of America, legality, recognition, sovereignty, high seas
