The various delegations disagreed on the proposed draft articles. However, since the Court considered that equidistance was not a privileged method, it applied the modified equidistance line in the second sector as a measure of equity. Therefore, delimitation is a process involving the division of maritime areas in a situation where two (or more) States have competing claims. In some cases, such as the Qatar v. Bahrain case, the island will be given almost no effect.
Finally, concerning the equity and equitable principles, one may conclude that at present it is not possible to produce a structured system of equity and a clear body of equitable principles. Cases: # North Sea Continental Shelf (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands) (1967-1969); Judgment of 20 February 1969 - Merits. However, a deviation might be justified by reasons of geographical, historical and other circumstances. Several negotiating groups were established to achieve a solution, but it seemed that two groups of States with opposite positions worked without success in achieving a solution. Further, while the rule pertaining to the territorial sea refers to special circumstances and the rule pertaining to the EEZ and continental shelf refers to relevant circumstances, the Court recognized in the Greenland/Jan Mayen delimitation that these are one and the same.
Argued and decided in the late 1960s, this case came in the midst of the crystallization and codification of the law of the sea. The conference was convened in accordance with a General Assembly’s resolution N1009 (XI) of 21 February 1957. It seems that the Court realised that in the case of opposite coasts, the use of equidistance in combination with relevant circumstances could led to an equitable result. Articles Already Published in other websites. The ICJ dismissed any argument that FRG was bound by the CCS provision, or in any other way to the equidistance method. The defects of the equidistance method, even tempered by the notion of special circumstances, led to its undoing. Some members insisted on the preference and general use of the equidistance/median line, but other members were unable to support the rather rigid formula for lateral as well as opposite situations, stressing that it was not possible to provide a general rule to cover all cases although they recognised the practical advantage of the method. In the end, the ICJ found that the equidistance method had not become a rule of customary international law after the CCS.
There appeared to be some agreement on a reference to international law in the delimitation criteria, but the question of its link with the delimitation agreement and with equitable principles could not be resolved. 294. In other cases, the Court has taken the position that delimitation should not be influenced by the relative economic position of the two States in question, e.g., the Libya/Malta case. # Nelson L. Dolliver M, The roles of equity in the delimitation of maritime boundarie, American journal of international law (Washington, D.C.) 84(4) October 1990. In the majority of cases, it was declared that equidistance was not a binding rule of law, but merely one method among others and it was not regarded as part of customary international law which plays the major role in delimitation process. 1986. www.heinonline.org # Case concerning maritime delimitation in the area between Greenland and Jan Mayen (Denmark v. Norway); Judgment of 14 June 1993. www.icjcij.org # Case concerning maritime delimitation and territorial questions between Qatar and Bahrain. The use of those principles is also not obligatory for States.
# President Truman proclamation No.2667,28th September, 1945. In the Qatar v. Bahrain case, the Court noted that: “the equidistance/special circumstances rule, which is applicable in particular to the delimitation of the territorial sea, and the equitable principles/relevant circumstances rule, as it has been developed since 1958 in case-law and State practice with regard to the delimitation of the continental shelf and the exclusive economic zone, are closely interrelated.” Further, in the Cameroon v. Nigeria case, the Court, speaking of the equitable principle/relevant circumstances method, stated that: “This method, which is very similar to the equidistance/special circumstances method applicable in delimitation of the territorial sea, involves first drawing an equidistance line, then considering whether there are factors calling for the adjustment or shifting of that line in order to achieve an ‘equitable result’.” Thus, in delimiting the continental shelf and the EEZ of both adjacent and opposite coasts, the Court will generally now first provisionally draw an equidistance line, or at least consider the appropriateness of such an equidistance line, and then consider whether there are circumstances which must lead to an adjustment of that line, or indeed, in extreme cases, to the use of another delimitation technique in order to achieve an equitable solution.
98.
The two Co-chairmen (Ireland for equity group and Spain for the equidistance group) reported separately on the inconclusive outcome of these negotiations to the President. para.
The Court further stated that [I]t is not a question of applying equity simply as a meter of abstract justice, but of applying a rule of law� during the 1969 North Sea case , and later, during the 1985 Libya/Malta case, it reiterated that [t]he Justice of which equity is an emanation, is not abstract justice but justice according to the rule of law. Several negotiating groups were established to achieve a solution, but it seemed that two groups of States with opposite positions worked without success in achieving a solution. 46.
Small islands and maritime features are arguably the archetypical special circumstances as much in the delimitation of the territorial sea as in the delimitation of the continental shelf/EEZ. For Further Details Contact: The first case brought before the ICJ in 1969 was the case between three adjacent States, and was the case which started the demolition of the equidistance principle.
Conventions: # Convention on the Territorial Sea and the Contiguous Zone. Learn how your comment data is processed. The emergence of the new maritime zones significantly increased the importance of maritime boundary delimitation in contemporary international law. Failing agreement, and in the absence of historical titles or other special circumstances, the boundary is the median line. For the use of equidistance, the Court reviewed the developments since the 1969 North Sea Continental Shelf Case involving adjacent States However, since the Court considered that equidistance was not a privileged method, it applied the modified equidistance line in the second sector as a measure of equity. For the use of equidistance, the Court reviewed the developments since the 1969 North Sea Continental Shelf Case involving adjacent States. The demolishing and toning down of equidistance went so far that the terms “equidistance” and “median line” have disappeared from the text of Article 74 and 83 of the 1982 LOS Convention. The recommendations of the committee of experts were welcomed by the majority of the ILC members. One of the reasons for the convening of the conference was the growing number of young States as a result of the decolonization process in the 1950's and 1960's. A lateral boundary should be drawn by making use of the principle of equidistance from the respective coastlines.
During the 1960s, again as a result of technological development, most fish stocks in the seas, which are concentrated over CS, were subject to intensive exploitation by distant-water fishing fleets. It is more prudent to rely on the idea expressed by the Chamber in the 1984 Gulf of Maine case with respect to the role equitable criteria (principle) that their equitableness can only be assessed in relation to the circumstances of each case, and for one and the same criterion it is quite possible to arrive at different, or even opposite, conclusions in different cases . www.icj-cij.org # Case concerning the land and maritime boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening): Judgment of 10 October 2002 – Merits.
At an early stage, the ILC recognised the importance of an effort to codify the international law of the sea.
a disproportionality test. The majority of bilateral treaties on maritime delimitation still use a line based on simplified or modified equidistance. The solution proposed by President Koh and accepted by a large section of the Conference, although not perfect, is workable. Also the CS seaward extension is at least 200 nautical miles from the baseline.
The land boundary between Nicaragua and Honduras ends at Cape Gracias a Dios which is a sharply convex territorial projection abutting upon a concave coastline on either side to the north and south-west.
Moreover, continued sedimental accretion at sea brought about by River Coco caused its delta to exhibit a very active morpho-dynamism, especially as it travels out from the coast. Despite the fact that, in some cases, the equidistance/special circumstances method was subsumed into the equity principle/special circumstances rule, the Court emphasized that the equidistance method may lead to an equitable result in particular cases and not in general. Note* we only accept Original Articles, we will not accept www.icj-cij.org # Maritime delimitation in the Black Sea (Romania v. Ukraine). As a result of this discussion, the Conference finally adopted the 1958 Geneva Conventions relating to respective maritime zones.
(e) Oil deposits/oil concessions and oil wells In contrast to the approach in relation to fisheries, in the Cameroon v. Nigeria case the Court stated that “oil concessions and oil wells are not in themselves to be considered as relevant circumstances justifying the adjustment or shifting of the provisional delimitation line.” (f) Socio-economic factors The Court will only take socio-economic factors into account as a relevant circumstance where a – delimitation would otherwise have catastrophic repercussions for the livelihood and economic well-being of the population of the countries concerned, as in the Gulf of Maine case. The idea of the uniqueness of each boundary finds significant support in the jurisprudence of the ICJ and arbitral tribunals. (b) Geography of coastline When engaged in the task of delimiting the territorial sea, the Court will generally seek to remove any inequitable effect of special circumstances by modifying the equidistance line.
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