Navigational Factors as a RELEVANT CIRCUMSTANCES in delimitation process in law of the sea and customary international law

In the Eritrea/ Arbitration (Second Phase), the Arbitral Tribunal took navigational interests into account in several parts of the delimitation line dividing the seas.
In addition to this, the Arbitral Tribunal, in the Guyana/ case, explicitly regarded as a special circumstance in the under Article 15 of the LOSC. The / case provides a unique precedent in that the Arbitral Tribunal created a junction to secure Slovenia's interest of navigation.
Apart from these cases, the influence of usually remains modest. State practice seems to demonstrate more concern about protection of navigation in agreements delimiting territorial seas than in agreements concerning the continental shelf or single boundaries.

Leave a Reply