The Ghana/Côte d'Ivoire case is the first time that an ITLOS ad hoc chamber has addressed the lawfulness of unilateral hydrocarbon activities in a disputed maritime area. This paper analyzes the Chamber's ruling on Côte d'Ivoire's submission no. 2, which covers several important issues: the jurisdiction of the Chamber to decide on submission no. 2, the alleged violation of sovereign rights, and the alleged violation of Article 83(3) of UNCLOS. The paper argues that the Chamber's jurisdictional basis of forum prorogatum is questionable, and that there are inconsistent approaches between the Judgment and the Order of the provisional measures. Additionally, there are not only inconsistent understandings of the “Ivorian maritime area” within the same submission no. 2 by the Chamber, but also a logical gap in the Chamber's reasoning with regard to submission no. 2(iii). Consequently, the Chamber's inconsistent approaches may jeopardize the persuasiveness of its judgment.
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