Development of the Studies on Maritime Delimitation

Since 1945, in particular, many studies have been written in the field of maritime delimitation. Most of them have focused on the case law. In fact, as is shown in the bibliography, there are many articles relating to international judgments in this field. Since it has been argued that the law of maritime delimitation has developed through international jurisprudence, it was only natural that writers turned to the analysis of case law in this field.

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Codification of Maritime Delimitation

The first attempt at codification of the customary law of maritime delimitation started with the 1930 Hague Conference under the auspices of the League of Nations. The Hague Conference failed to reach its purpose and the following World War II period was not an appropriate period to deal with issues of maritime delimitation. In the aftermath of World War II, the creation of the United Nations Organization (UN) and the multiple individual claims of States over maritime spaces, such as the Truman Proclamation and the Santiago Declaration raised the need of re-starting the process of codification of the law of maritime delimitation. The adoption of the 1958 Geneva Conventions which followed was a successful initiative, at least to some extent.

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equitable result in maritime delimitation and most acceptable law for delimitation process

The notion of equity is at the heart of the delimitation of the CS(continental shelf) and entered into the delimitation process with the 1945 proclamation of US President Truman, concerning the delimitation of the CS between the Unites States and adjacent States. The Truman proclamation inspired the Court during the 1969 North Sea case, when the Court stated that “delimitation is to be effected by agreement in accordance with equitable principles, and taking into account all the relevant circumstances.” This idea became doctrine and was reiterated and confirmed by the ICJ and arbitral tribunals in subsequent cases. Articles 74 and 83 of the 1982 LOS Convention concerning the delimitation of the EEZ and the CS provides for effecting the delimitation by agreement, in accordance with international law and in order to achieve an equitable result.

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Delimitation of the Maritime Boundaries between the adjacent States

Delimitation of the Maritime Boundaries between the adjacent Boundaries between the adjacent States , a PDF+PPT lecture by Nugzar Dundua, United Nations United Nations, The…

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