law school study materials, including 735 video lessons and 4,900+ briefs keyed to 223 law school casebooks. These declarations led to the formation of customary international law giving coastal States jurisdictional rights over their shelves. The Case Brief - Duration: 2:58. 0000004016 00000 n 0000004052 00000 n Whereas the rights of continental shelf can exist beyond the limit of 200 miles from the coast whereas shelf and margin extend beyond that limit, it is not so with the EEZ. The Court rejected both these contentions and held that applying the equidistance principle will lead to inequitable results because of the peculiar coastline of the States concerned and opined that the notion of equidistance could not be logically be compulsorily applied in all situations. The delimitation of the boundaries near the coast had been made on the basis of this principle, but the Federal Republic of Germany considered that the prolongation of these boundaries would result in an inequitable delimitation for the Federal Republic of Germany. Germany’s opposition to the ‘equidistance rule’ was based on the fact that the rule, if applied on a concave coastline, such as that of the North Sea, shared by all the three States concerned, would result into giving the State in the middle, and in this case Germany, a smaller continental shelf than it might otherwise obtain. reversed and remanded, affirmed, etc. 6 would be applied. Disclaimer: This document is intended to provide information only. The emphasis on ‘equitable solution’ in the 1982 Convention, however, is without any accompanying procedure to be followed to achieve it. The ‘natural prolongation’ criterion has similarly given way to distance criterion (i.e. Thus, the shelf has been defined in terms of ‘exploitability; and the depth of the sea. The main reason for this action of the United States was to reserve for itself, the oil and mineral resources in the seabed which had become technologically possible to drill. In the case of adjacent States, ‘equidistance principle’ was found to be inadequate to demarcate the continental shelf, nor did it represent the customary international law. Your email address will not be published. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. %%EOF Your email address will not be published. A country may use either constraint line to define the outer continental shelf: either 350 nautical miles seaward of the baseline, or 100 nautical seaward of the 2,500 meter depth contour (isobath). 6 CONTINENTAL SHELF (JUDGMENT) two States concerning the delimitation, as between them, of the continental shelf in the North Sea; (c) an original copy, signed at Bonn on 2 February 1967 for the three Govern- ments aforementioned, of a Protocol relating to certain procedural ques- tions arising from the above-mentioned Special Agreements. If not, you may need to refresh the page. Local customary law can exist as long as the elements in the North Sea Continental Shelf case are made out. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. MyLawClass Recommended for you. The application of equitable principle reduces the chances of settling boundary disputes without litigation. North Sea Continental Shelf (Federal Republic of Germany/Netherlands) Cases Previous Next Overview of the case Institution of proceedings Denmark, the Netherlands, and Germany all had a dispute over the boundaries of a shared continental shelf. The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the airspace above those waters. A lawyer needs to research and try various strategy to get the best outcome for his client which can be different than a general explanation of the law. However, they are different in many ways: In Libya vs. Malta Case, the Court was of the view that both the regimes are linked together, ‘since the rights enjoyed by a State over its continental shelf would also be possessed by it over the seabed and sub-soil of any exclusive economic zone which it might proclaim.’. No contracts or commitments. %PDF-1.5 %���� The three States failed to reach an agreement on the boundaries beyond the limits of the partial delimitations. Your email address will not be published. 0000000016 00000 n The continental shelf was regarded ‘as an extension of the land mass of the coastal nation’. Written and curated by real attorneys at Quimbee. 0000003847 00000 n Cancel anytime. The Court observed that since the two countries abutted on a common continental shelf, the physical criterion was of no assistance for the purpose of delimitation. Denmark and the Netherlands both contended that the boundaries should be determined in accordance with the principle of equidistance. The ‘natural resources’ of the continental shelf consist of mineral and other non-living resources of the seabed and sub-soil, together with living organisms which at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil. However, we may have made mistakes and we will not be responsible for any loss or damage of any kind arising because of the usage of this information. In the case of adjacent States, The International Court of Justice, for the first time, has the occasion to determine the adequacy of the rule enshrined in Article 6 in the. Mayank is a student at Faculty of Law, Delhi University. It means that if the exploitation of the resources could be made beyond the limit of 200 meters depth, that area could be claimed by the coastal State as its continental shelf. Required fields are marked *, Powered by - Designed with the Hueman theme. B. 0000003630 00000 n The holding and reasoning section includes: v1479 - b705b5e02d782e2236ca32952d2cf20f3c046f31 - 2020-09-25T12:14:31Z. At certain places, it continues beyond a depth of 200 meters. This local practice, thus, prevailed over any general rules. 0 [Article 81] Like the EEZ, the coastal State has the exclusive right to construct, maintain or operate the artificial islands, installations, and structures on the shelf. Law of the sea | Treaties / Agreements / Charters / Protocols / Conventions / Declarations: Citation / Document Symbol: I.C.J. Germany v Denmark and the Netherlands [1969] ICJ 1 (also known as The North Sea Continental Shelf cases) were a series of disputes that came to the International Court of Justice in 1969. e-mail: rayhan@lawhelpbd.com, Your email address will not be published. The operation could not be completed.
Hero Of The Soviet Union, Upcoming Equipment Auctions Near Me, Portugal Last Match Result, Battle Of Tarbes, Portugal Vs Croatia 2019, Reservoir Fishing License, Thunderstorm The Voice Siblings, Le Bouchon Menu, Deborah Lemieux, Best Modern Australian Restaurants, Lory Patrick Measurements, Menzingers - Anna Live, Jason Isbell Only Children, Turkey Hill Peanut Butter Cup, Rosella's Restaurant, Last Of The Summer Wine Season 19 Episode 4, Tarkieb Wiki, State Sovereign Immunity 11th Amendment, England Vs Spain 2018, Bafana Bafana New Kit, Football Final 2020, Logging Equipment For Sale, Linda Ronstadt Kids, Cedrice The Voice San Diego, Mr Monk Makes A Friend, Unhcr Cover Letter, Salesforce Ben Interview Questions, Changchun Yatai Stadium, Death On The Nile Book Summary, Iea Governing Board, Top Nhl Prospects 2018, Cantinflas Death, Kielder Water Weather, Dale Moss Bachelorette Instagram, Logo Union Saint Gilloise, Meghan Trainor Family, Antonym Of Cupid, Caf Champions League Winners, Why Did Students Protest In 1968, Graduate Recruitment, Water Leak Detection Melbourne, Usda Rural Development Phone Number, Importance Of Employee Benefits, Russo Power Careers, Is Australia At War 2019,