Delimitation of the continental shelf and the EEZ

Question 1

Geneva Convention, Art. 6 (overlapping Continental Shelfs), FRG, Den, Neth

Answer 1

I. Where the same continental shelf is adjacent to the territories of two or more States whose coasts are opposite each other, the boundary of the continental shelf appertaining to such States shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary is the median line, every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured

ICJ, judgment of 20 February 1969 in the North Sea Continental Shelf cases (FRG v. Denmark, FRG v.
Netherlands) (see map)
• The Court  Art. 6 GC does not correspond to customary international law
•  delimitation is to be effected by agreement in
accordance with equitable principles, and taking
account of all the relevant circumstances, in such a way as to leave as much as possible to each Party all those parts of the continental shelf that constitute a natural prolongation of its land territory into and under the sea

Question 2

Montego Bay, Art. 83 delimitation of Continental shelf

Answer 2

1. The delimitation of the continental shelf between States with opposite or adjacent coasts
   shall be effected by agreement on the basis of
   international law … in order to achieve an equitable solution
   • Identical provision in Art. 74 for the delimitation
   of the exclusive economic zone  normally
   single line

Question 3

Uk, Rom maritime delimitation case

Answer 3

ICJ, judgment of 3 February 2009, in the Maritime Delimitation in the Black Sea (Romania v. Ukraine) case
• When called upon to delimit the continental shelf or exclusive economic zones, or to draw a single delimitation line, the Court proceeds in defined stages
• 1. First the Court shall establish a provisional equidistance (median) line
• 2. The Court will at the next, second stage consider whether there are factors calling for the adjustment or shifting of the provisional equidistance line in order to achieve an equitable result
• 3. Finally, and at a third stage, the Court will verify that the line does not, as it stands, lead to an inequitable result by reason of any marked disproportion between the ratio of the respective coastal lengths and the ratio between the relevant maritime area of each State by reference to the delimitation line

Question 4

Uk, Rom maritime delimitation case

Answer 4

ICJ, judgment of 3 February 2009, in the Maritime Delimitation in the Black Sea (Romania v. Ukraine) case
• When called upon to delimit the continental shelf or exclusive economic zones, or to draw a single delimitation line, the Court proceeds in defined stages
• 1. First the Court shall establish a provisional equidistance (median) line
• 2. The Court will at the next, second stage consider whether there are factors calling for the adjustment or shifting of the provisional equidistance line in order to achieve an equitable result
• 3. Finally, and at a third stage, the Court will verify that the line does not, as it stands, lead to an inequitable result by reason of any marked disproportion between the ratio of the respective coastal lengths and the ratio between the relevant maritime area of each State by reference to the delimitation line