International Court of Justice — United Nations Convention on the Law of the Sea, 1982 — Memorandum of Understanding between Kenya and Somalia, 2009 — Commission on the Limits of the Continental Shelf — Territorial sea — Exclusive economic zone — Continental shelf — Continental shelf beyond 200 nautical miles — Delimitation of maritime boundary — Delineation of outer limits of continental shelf

International Court of Justice — Jurisdiction — Article 36(2) of Court’s Statute — Optional clause — Kenya’s reservation to its optional clause declaration — Memorandum of Understanding between Kenya and Somalia, 2009 (“MOU”) — Whether MOU preventing Court from having jurisdiction over case brought by Somalia — Character of MOU as a binding international agreement — Whether MOU requiring Parties to delimit their boundary after recommendation of Commission on the Limits of the Continental Shelf (“CLCS”) on the outer limits of the continental shelf — Part XV of United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Whether optional clause declarations falling within scope of Article 282 of UNCLOS — Whether Article 282 entailing Parties’ agreement to settle their maritime dispute pursuant to provisions of Part XV of UNCLOS — Whether circular renvoi from Article 282 back to Kenya’s reservation — Admissibility of Somalia’s Application — Relevance of Somalia’s objection to consideration of Kenya’s submission by the CLCS — Clean hands doctrine

Treaties — Interpretation — Memorandum of Understanding between Kenya and Somalia, 2009 — Whether binding treaty under international law — Character of MOU as a binding international agreement — Whether MOU requiring Parties to delimit their boundary after recommendation of CLCS on the outer limits of the continental shelf — Article 83 of UNCLOS — Vienna Convention on the Law of Treaties, 1969, Article 31(3)(c) — Travaux préparatoires of MOU — Whether MOU preventing Court from having jurisdiction over case brought by Somalia