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The principal aim of this book is the quest for a well-balanced legal system
that reconciles predictability and flexibility in the law of maritime
delimitation. As with all types of law, the law of maritime delimitation
should possess a degree of predictability. On the other hand, as maritime
delimitation cases differ, flexible considerations of geographical and
non-geographical factors is also required in order to achieve equitable
results. How, then, is it possible to ensure predictability while taking into
account a diversity of factors in order to achieve an equitable result? This,
according to the author, is the question at the heart of the law of maritime
delimitation. The book addresses this issue in depth by looking at three
aspects of the question: first by looking at the two opposing and contrasting
approaches evident in the evolution of the law of maritime
delimitation; second, by undertaking a comparative study of the case law
and State practice; and third, by examining the theoretical problems
underlying the law of maritime delimitation.
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© Yoshifumi Tanaka 2006
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Act 1988, to be identified as the author of this work.
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British Library Cataloguing in Publication Data
Data Available
ISBN 10: 1-84113-581-X (hardback)
ISBN 13: 978-1-84113-581-6 (hardback)
Typeset by Forewords, Oxford
Printed and bound in Great Britain by
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Acknowledgements v
Preface vii
Table of Cases xxi
Table of Treaties and National Legislation xxiii
List of Abbreviations xxxvii
List of Illustrations xxxviii
Chapter I: Preliminary Considerations 1
Section I Nature of the Problem 1
- Importance of Maritime Delimitation in International Law of
the Sea 1 - Development of the Studies on Maritime Delimitation 3
- Analytical Framework 4
Section II Concept of Maritime Delimitation 7 - Legal Nature of Maritime Delimitation 7
A. Definition 7
B. Arguments on the Distinction between Delimitation
and Apportionment 11
C. Arguments on the Distinction between Declaratory
and Constitutive Delimitation 12 - Typology of Maritime Delimitations 14
A. Typology in the 1958 Geneva Conventions 14
B. Typology in the 1982 UN Convention on the Law of
the Sea 14
C. Issues of the Single Maritime Boundary 15
Part One: The Evolution of Law of Maritime Delimitation:
Opposition of Two Basic Approaches 17
Chapter II: Law of Maritime Delimitation Prior to the 1958 Geneva
Conventions: Emergence of Two Approaches 19
Section I Five Principal Systems of Maritime Delimitation 19 - Median-Line System 19
A. State Practice and Opinions of Writers 19
B. Emergence of Two Prototypes 22
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- The System of a Line Perpendicular to the General Direction
of the Coast 24
A. The Grisbadarna Case (Norway/Sweden, 1909) 24
B. Evaluation 25 - Prolongation of the Land Boundary 27
- Thalweg System 28
A. State Practice and the Case Law 28
B. Evaluation 31 - Common-Zone System 31
Section II Discussion at the Hague Conference for the Codification
of International Law in 1930 32 - Delimitation of Territorial Sea between States with
Adjacent Coasts 32 - Delimitation of the Territorial Sea between States with
Opposite Coasts 33
Section III Summary 34
Chapter III: The 1958 Geneva Conventions and the 1982 UN
Convention on the Law of the Sea 37
Section I The 1958 Geneva Conventions 37 - Rules Regarding Delimitation of Territorial Sea and the
Continental Shelf 37
A. Basic Structure of the Rules 37
B. Comments on the Triple Rule 40 - Rules on the Delimitation of Contiguous Zones and
Internal Waters 43
Section II The 1982 UN Convention on the Law of the Sea 44 - Analysis of Articles 74(1) and 83(1) 44
- Problems with Articles 74(1) and 83(1) 47
Chapter IV: Opposition of Two Approaches in the Case Law I:
Continental Shelf Delimitation 51
Section I The North Sea Continental Shelf Cases (1969, Federal
Republic of Germany/Denmark, the Netherlands) 51 - Law Applicable to the Continental Shelf Delimitation (1):
Article 6 of the Convention on the Continental Shelf 52
A. The Fundamental Aspects of Article 6 52
B. The Positive Law Aspects of Article 6 53 - Law Applicable to the Continental Shelf Delimitation (2):
Equitable Principles 57
A. Legal Basis of Equitable Principles 57
B. Substance of Equitable Principles 58
Section II The Anglo–French Continental Shelf Case
(France/United Kingdom, 1977) 61
- Law Applicable to the Continental Shelf Delimitation 61
A. Preliminary Considerations on Reservations 61
B. Relation between Article 6 and Customary Law 62 - Application of the Law Identified 64
A. Establishment of the Continental Shelf Boundary 64
B. Comparison between the 1969 and 1977 Decisions 66
Section III The Tunisia/Libya Case (1982) 67 - Law Applicable to the Continental Shelf Delimitation 67
A. Relation between Equitable Principles and Natural
Prolongation 67
B. Approach to Equitable Principles 69 - Application of the Law Identified 71
A. Establishment of an Illustrative Continental Shelf
Boundary 71
B. Problem of the Illustrative Boundary 72
Section IV The Libya/Malta Case (1985) 74 - Law Applicable to the Continental Shelf Delimitation 75
A. The Court’s Approach to Equitable Principles 75
B. Contents of Equitable Principles 76 - Application of the Law Identified 77
A. Establishment of the Illustrative Continental Shelf
Boundary 77
B. Evaluation 79
Chapter V: Opposition of Two Approaches in the Case Law II:
Single/Coincident Maritime Boundaries 81
Section I The Gulf of Maine Case (United States/Canada, 1984) 81 - Law Applicable to the Single Maritime Boundary 82
A. Three Levels of Structure in the Chamber’s Reasoning
and Its Problems 82
B. The Chamber’s Approach to the Law Applicable to Single
Maritime Boundary 85 - Application of the Law Identified 86
A. Operational Stage 86
B. Verification Stage 88
Section II The Guinea/Guinea-Bissau Case (1985) 88 - Law Applicable to the Single Maritime Boundary 89
- Application of the Law Identified 90
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