Maritime Delimitation

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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