Ghana has formally notified the Government of the Togo of its decision to seek international arbitration to delimit the maritime boundary between the two countries under the framework of the United Nations Convention on the Law of the Sea (UNCLOS).
The move signals a shift from prolonged bilateral dialogue to a rules-based international process aimed at securing a definitive legal resolution.The decision comes after eight years of negotiations between Accra and Lomé over the precise demarcation of their maritime boundary.
Despite sustained diplomatic engagement and technical discussions, the two sides have been unable to reach a mutually agreed settlement on the limits of their territorial waters and exclusive economic zones.
Maritime boundary delimitation is a legally complex process given its implications for sovereign rights over offshore resources such as fisheries, oil, gas and seabed minerals. Ghana and Togo’s dispute stems from overlapping claims in their exclusive economic zones (EEZs) and continental shelf areas in the Gulf of Guinea, a region that has seen increasing offshore activity and interest from energy companies and coastal states.
Since 2018, Ghana and Togo have established joint technical committees and engaged in multiple rounds of formal negotiations aimed at reaching a mutually acceptable maritime boundary. Both countries accepted UNCLOS principles, including peaceful negotiation and, where necessary, recourse to third-party settlement, but despite sustained technical meetings and agreed roadmaps, the talks have repeatedly stalled.
Efforts to define a clear maritime boundary are not unique to Ghana and Togo. In a precedent that many analysts view as instructive, Ghana previously took its maritime boundary dispute with Côte d’Ivoire to the International Tribunal for the Law of the Sea (ITLOS) in 2014 after bilateral talks failed. In 2017, a Special Chamber of the tribunal delivered a binding judgment affirming a strict equidistance line between the two states, enabling clearer offshore rights and facilitating petroleum development.
International arbitration under UNCLOS provides a structured legal process when negotiations break down. Article 287 and Annex VII of UNCLOS allow disputing states to submit their disagreement to binding procedures, encompassing arbitration, adjudication or the International Tribunal for the Law of the Sea.
Under these mechanisms, an independent tribunal will apply international law to define the boundary, guided by principles such as equitable delimitation and equidistance unless special circumstances dictate otherwise.
Ghana’s government has framed the decision to seek arbitration as a way to prevent further tensions arising from ambiguous maritime limits, which have occasionally sparked operational disagreements , including disputes over seismic survey activities and naval patrols, as both coastal states engage in offshore exploration and security operations.
The decision to initiate arbitration is intended to prevent further escalation of incidents that have created tensions between certain state institutions of both countries. While details of specific incidents have not been formally outlined, officials say unresolved boundary questions can lead to overlapping claims and enforcement challenges at sea.
By invoking UNCLOS mechanisms, Ghana is opting for a structured, internationally recognised dispute resolution framework. UNCLOS provides coastal states with established procedures — including arbitration and adjudication, to settle maritime disputes peacefully and in accordance with international law.
“Ghana has taken this step to prevent further escalation of incidents that have created tensions between certain institutions of both countries, while promoting an amicable and lawful resolution in the spirit of good neighbourliness and continued cooperation” the statement read
The government maintains that pursuing arbitration reflects its broader commitment to lawful dispute resolution and regional stability. It views a definitive legal ruling as a way to eliminate uncertainty, strengthen cross-border cooperation and protect long-term economic interests.
Ultimately, Ghana says its objective remains an amicable and durable settlement grounded in international law. By seeking arbitration, authorities argue they are reinforcing principles of good neighbourliness while ensuring that maritime governance between the two countries rests on clarity, legality and predictability.
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