The coastal State enjoys limited sovereign rights over the continental shelf for the purpose of exploring and exploiting its ‘natural resources’, and not sovereignty.
Agarwal, International Law, 21st Edition, 2016, http://www.photolib.noaa.gov/htmls/cgs01501.htm. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job.
North Sea Continental Shelf (Federal Republic of Germany/Netherlands) Cases Previous Next Overview of the case Institution of proceedings
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. The North Sea Continental Shelf Cases (1969) provide one of the few instances where the ICJ has provided a detailed analysis and overview of the existence and requirements of customary international law.
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200 nautical miles from the coast). The emphasis on ‘equitable solution’ in the 1982 Convention, however, is without any accompanying procedure to be followed to achieve it. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. These rights over the resources of the continental shelf were universally accepted by the 1958 Geneva Convention on the Continental Shelf. Proclamation soon became the trendsetter and was immediately followed by similar unilateral declarations by many maritime nations which laid claims of exclusive jurisdiction control or sovereign rights over the resources of the continental shelf and associated offshore areas. Ratio Edit A party which claims a custom exists must prove that the custom was established in such a manner that it has become binding on the other party.
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. India has proclaimed 200 nautical miles from the baselines as its continental shelf.
The resources of the EEZ are subject to the rule of sharing the surplus of the living resources of the EEZ with other nations, particularly with landlocked and geographically disadvantageous States, but the resources of the continental shelf are immune from this requirement and if the coastal State does not exploit them, no other State has a right to do so. The President of the United States proclaimed that the natural resources of the continental shelf were ‘beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States and subject to its jurisdiction and control’. Your email address will not be published.
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The Maritime Zones Act, states the Indian position. the concept of natural prolongation, i.e., the shelf is an appurtenant to the land territory. The procedural disposition (e.g. %PDF-1.5
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Thus, the shelf has been defined in terms of ‘exploitability; and the depth of the sea.
This was one of the important developments after the Second World War in relation to the law of the sea was the evolution and acceptance of the concept of the continental shelf.
If you logged out from your Quimbee account, please login and try again. They also do not depend on occupation, effective or notional, or any express proclamation. The two cases were joined by the Court. But to achieve an equitable result, it will be necessary to first draw a line, every point of which should be equidistant from the coast of the two opposite States concerned and then to make adjustments in the light of all the relevant circumstances. It is not consonant with certain basic legal notions, ‘those principles being that delimitation must be the object of agreement between the States concerned, and such agreement must be arrived at in accordance with equitable principles.’. Quimbee might not work properly for you until you. Fact: On 1 December 1964, the Federal Republic of Germany and the Netherlands concluded an agreement for the partial delimitation of the boundary near the coast.
Denmark and the Netherlands had both signed and ratified the Convention and were parties to it, but the Federal Republic, although one of the signatories of the Convention, had never ratified it, and was consequently not a party. 895 17
The three States failed to reach an agreement on the boundaries beyond the limits of the partial delimitations. The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention. Article 77 of the Convention provides various provisions with regards to the rights of coastal states.
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Dr. H.O. Law Help BD is a platform to share legal knowledge, it is not an alternative to a lawyer. Source – U.S. Department of Commerce. This Convention has defined the term continental shelf under Para I of Article 76 by stating that the continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. North Sea Continental Shelf - Duration: 9:18. You're using an unsupported browser. Otto Spijkers 9,731 views. 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.’.
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. Continental Shelf and North Sea Continental Shelf Case. No contracts or commitments. The concept of continental shelf is mainly co-related with an exploitation of the natural resources from the sea adjacent to the territorial sea. Local customary law can exist as long as the elements in the North Sea Continental Shelf case are made out.
The regimes of continental shelf and EEZ co-exist under the customary international law and the 1982 Convention. Denmark and the Netherlands both argued that the dispute should be resolved according to principles of Article 6 of the Geneva Convention of 1958 on the Continental Shelf, which provided that in the absence of agreement or special circumstances, a boundary line should be determined by application of the “principle of equidistance.” Germany was not a party to this Convention, but Denmark and the Netherlands argued that the principle of equidistance still applied because it was part of general international law, and particularly customary international law. 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).
Take your favorite fandoms with you and never miss a beat. The Chorzow Factory Case (1928, Germany v Poland). In 1958 Continental Shelf Convention used the term ‘continental shelf’ as referring ‘to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 meters or beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas’. North Sea Continental Shelf Cases (Federal Republic of ... or award rendered; and a brief summary of opinions and declarations. startxref
Read more about Quimbee. Denmark, the Netherlands, and Germany all had a dispute over the boundaries of a shared continental shelf.
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