The issue of maritime border demarcation has lately received significant attention in the Middle East, against the backdrop of rising needs to exploit maritime energy resources and potential for trade transport. In this context, Kuwait has been pressing for the settlement of its dispute with Iraq over maritime borders. Kuwait is seeking to expand its role in the maritime transport sector in the light of intensifying regional competition; and views current regional and international conditions as favorable to achieving political momentum to settle the issue.  Iraq has been undertaking a policy of enhancing relations with its regional neighbors, particularly in the Gulf, and is currently in dialogue with Iran regarding the demarcation of the Iran/Iraq maritime borders.

During his opening speech at the Baghdad II Summit- December 20, 2022-  the Prime Minister of Kuwait Ahmad Nawaf Al-Ahmad Al-Sabah, asserted the need to settle all outstanding negotiations between Kuwait and Iraq, particularly the demarcation of the maritime boundary at mark 162 (see map in Figure 1). He noted that border demarcation would contribute to strengthening bilateral relations between the two countries, and to bring to an end attempts to use this issue to undermine bilateral relations.

The concluding statement of the Supreme Council of the Gulf Cooperation Council (issued on 9 December 2022 in Saudi Arabia) affirmed that concluding the maritime border issue is a priority, and stressed the importance of Iraq’s commitment to the sovereignty of Kuwait and non-violation of international resolutions and agreements, particularly the Security Council Resolution No. 833 regarding the demarcation of the borders between the two countries, and the agreement regulating maritime navigation in Khor Abdullah, signed between the two countries and deposited with the United Nations. The Council called on Iraq to complete the demarcation of the maritime borders with Kuwait beyond Mark 162, and expressed its categorical rejection of any violation affecting the sovereignty of Kuwait and preserving its right to respond per legal channels.

Motives for movement

Kuwait’s sense of urgency regarding the settlement maritime boundaries with Iraq has increased recently, although more than 29 years have passed since the adoption of Security Council resolution 833 (1993) on the demarcation of the border between the two countries. This urgency is related to a number of factors, most notably:

Maximizing the role of the Kuwaiti maritime transport sector 

 Kuwait’s movements coincide with efforts to complete the Mubarak Al Kabir port project (see map in Figure 2), as well as creating a safe and unimpeded environment for its maritime trade through territorial waters that currently overlap with Iraq’s. The port provides multiple opportunities for Kuwait to play a greater role in maritime trade in the Gulf region, as well as serving as a transit node through which maritime trade routes can connect by land with the rest of the Gulf States through the project’s rail connectivity scheme. It is important to note that there are Iraqi objections to the development of the said port, as it will undermine the importance of Iraqi ports, particularly Al-Fao, which is currently undergoing expansion in order to serve as  an important  link between Asia and  Europe through Turkey.

There is a growing effort in all Gulf states,  including Iraq and Iran, to expand the participation of their seaports in international trade, given that the Arabian Gulf is one of the world’s most important shipping arteries in the world, with about 30% of global natural gas exports passing through the Gulf and the Strait of Hormuz (according to British Petroleum’s 2018 gas exports data), as well as 20% of  global oil production, which accounted for about 33% of oil transported by sea in 2017 and 2018 (see Table 1).

Table 1: Trade volume of oil and its derivatives through the Strait of Hormuz (2014-2018)

(source: www.eia.gov)

Energy transport across the Persian Gulf and the Strait of Hormuz is becoming increasingly important due to the Western sanctions on Russia, as well as the West’s attempts to reduce future dependence on Russian supplies of oil and gas. This draws attention to the importance of Gulf states in contributing to the West’s agenda, especially with Saudi Arabia and the UAE moving into producing and exporting renewable energy, such as low-carbon ammonia to Germany, and blue ammonia to Japan and south Korea.

All this points to the growing importance of the Gulf and the Strait of Hormuz as a shipping artery, which requires the development and expansion of needed infrastructure. Kuwait therefore wishes to hasten the time-consuming process of negotiations with Iraq on maritime demarcation, as it is long overdue. Kuwait does not have the luxury of time to delay the completion of its mega-projects (such as the Mubarak al-Kabir port), as the development of Kuwait’s commercial ports is one of the pillars of Vision 2035.

Capitalizing on Iraq’s recent shift towards regional diplomacy

 Kuwait believes that conditions are  conducive to reopening the maritime boundary demarcation discussion, as Iraq has been expanding its relations and interactions with its Arab neighbors. For example, Iraqi National Security Adviser Qasim AlAraji announced on December 7, 2022, that Iraq’s  new government headed by Prime Minister Mohammad Shiyaa al-Sudani (newly formed in October 2022), is looking to open political dialogue with its neighbors, to resolve disputes through diplomatic means. This political shift is thus an opportunity for Kuwait to make a breakthrough in the maritime demarcation stalemate between the two countries, at least to implement the Khor Abdullah Convention for the Regulation of Maritime Navigation, signed by the two countries in 2012.

There has been resistance from some quarters in Iraq to the implementation of this agreement, as well as recent (December 2022) Iraqi objections to Kuwaiti movements in its territorial waters, when three Iraqi vessels moved into Kuwaiti national waters. Kuwait therefore needs to demarcate the maritime boundary in order to avoid any future tensions with Iraq, which is also seeking to develop its  oil resources and ambitious infrastructure projects to restore its role as a regional player. This could make negotiations between the two countries more complicated.

Iraq is in talks with Iran on the same issue

 Many countries in the Middle East are undergoing negotiations on the demarcation of maritime boundaries, in order to allow them to exploit their natural resources and ensure sovereign control over their territorial waters. There have been some examples of successful demarcation, most recently Lebanon and Israel. Kuwait has noted  Iraq’s interest in  initiating discussions on maritime boundary demarcation with Iran.

This was indicated by the announcement that Iraqi National Security Adviser Qasim Al Araji chaired, on 16 February 2022, a workshop of a number of experts, to discuss the 1975 Algiers Convention on the Demarcation of the Iraq/Iran maritime boundary, where additional meetings were scheduled for further discussion.  Negotiations between Iran and Iraq on demarcation had stalled in March 2021, following the latter’s demand to amend certain provisions of the Algiers Agreement.

Kuwait’s attempt to reopen maritime boundary demarcation talks with Iraq could therefore be part of a wider effort, that would encourage Iran to participate in order to demarcate the borders in a manner that would safeguard the interests of all three countries. Discussions on demarcation offers a gateway to discussing to other issues, including optimizing the utilization of common oil and gas fields and securing trade routes, both of which allow for regional cooperation furthering the interests of states on both sides of the Gulf.

Taking advantage of increased international interest in the Gulf region

 Gulf states have received increased attention in 2022 from all major powers as a result of the geopolitical tensions stemming from the Russian/Ukrainian war. This has been illustrated by high level visits and summits, such as the Chinese Gulf Summit on Cooperation and Development held in Riyad December 2022, as well as US President Joe Biden’s meeting with Gulf leaders in July 2022, and a European-Gulf meeting in February 2022. Also evident is a growing interest in increasing free trade agreements with Gulf states as a bloc, from Britain, China, India and South Korea. Such interest could be harnessed  to encourage Iraq to  negotiate with Kuwait and resolve  issues regarding maritime demarcation.

Seizing the Opportunity

The growing solidarity between Gulf countries recently provides solid ground for Kuwait to reopen negotiations regarding maritime boundary demarcation in the Gulf. This is bolstered by growing international interest in the various forms of energy exported by Gulf countries, which necessitates both the security of passage through regional waters and the expansion of the infrastructure necessary to export these resources. Clear demarcation is in the interest of all parties, and would enhance regional cooperation, as well as providing an opening for Iraq to become further integrated into the Arab region. Kuwait is therefore likely to seek stronger momentum to resolve these issues, paving the way through concluding  new agreements to guarantee freedom of navigation, moving towards stronger linking Iraqi and  Kuwaiti interests, and  finally demarking the maritime border in a manner which would  eliminate the chances of any future border tensions.