Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-06-09T04:28:15.634Z Has data issue: false hasContentIssue false

Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/United States of America)

International Court of Justice.  20 January 1982 ; 12 October 1984 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — Sources — Treaty rules and rules of customary international law — Fundamental norm of equitable principles — Geneva Convention on the Continental Shelf, 1958 — Combined equidistance — special circumstances rule — Whether a rule of customary international law

State territory — Parts of — Territorial waters — Breadth and delimitation of the maritime belt — Baselines — Islands — Single maritime boundary — Continental shelf and fisheries — Delimitation — Exclusive economic zone — Existence of a natural boundary — Special circumstances — Length of respective coastlines and presence of islands

State territory — Parts of — Territorial waters — Coasting trade and fisheries — Single maritime boundary — Delimitation — Socio-economic factors — Fishing patterns — Whether relevant

State territory — Parts of — Continental shelf — Single maritime boundary — Delimitation of continental shelf and fisheries — Opposite and adjacent coastlines — Unity and continuity of continental shelf — Geneva Convention on the Continental Shelf, 1958 — Equidistance — special circumstances rule — Whether part of customary international law — Whether criteria of delimitation to apply both to continental shelf and fisheries — Importance of geography — Practical method of delimitation — Equity of result

State territory — Parts of — Islands — Single maritime boundary — Delimitation Special circumstances — Presence of islands — Effect to be given thereto

Treaties — Interpretation of — Miscellaneous — Geneva Convention on the Continental Shelf, 1958 — Equidistance-special circumstances rule — Whether part of customary international law — Whether applicable in drawing single maritime boundary

Disputes — International Court of Justice — Organization of the Court — Request by parties to form special Chamber — Canada-United States Special Agreement and Treaty to submit dispute to binding settlement — Whether compatible with Statute and Rules of the Court — Replies by parties to questions by Acting President of the Court — Whether to be read together with Special Agreement — Constitution of the Chamber

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Chamber of the Court — Special Agreement between parties — Single maritime boundary — Delimitation between predefined point and predefined area

Disputes — International Court of Justice — Contentious jurisdiction — The law applicable — Special Agreement and Treaty between parties — Single maritime boundary — Delimitation — Treaty rules and rules of customary international law — Fundamental norm of equitable principles

State territory — Parts of — Boundaries — Water boundaries — Single maritime boundary for continental shelf and fisheries — Delimitation between predefined point and predefined area — Primary and secondary coasts — Geomorphological and geological factors — Whether a natural boundary exists — Unity and continuity of continental shelf and superjacent water column — Conduct of the parties — Socio-economic factors — Fishing patterns — Rules and principles of international law — Treaty rules and rules of customary international law — Geneva Convention on the Continental Shelf, 1958 — Fundamental norm of equitable principles — Equitable criteria — Importance of geography — Whether same criteria apply to continental shelf and fisheries — Practical method of delimitation — Combined equidistance-special circumstances rule — Article 6, Geneva Convention on the Continental Shelf, 1958 — Whether mandatory — Whether a rule of customary international law — Need to delimit both continental shelf and fisheries — Whether any method of delimitation preferable — Combination of different methods with reference to different segments of delimitation line — Geographical situation of coasts — Adjacent coasts — Lateral equidistance line — Opposite coasts — Median line — Relevance of special circumstances — Length of respective coastlines and presence of islands — Relevance of practice — Estoppel and acquiescence — Construction of single delimitation line in three segments — Equity of result — Exceptional conditions justifying correction of delimitation line

Disputes — International Court of Justice — Organization of the Court — Request by parties to form Special Chamber — Canada–United States Special Agreement and Treaty to submit dispute to binding settlement — Whether compatible with Statute and Rules of Court — Replies of parties to questions by Acting President of the Court — Whether to be read together with Special Agreement — Constitution of the Chamber — Contentious jurisdiction — Competence — The law applicable — Judgment

Type
Case Report
Copyright
© Cambridge University Press 1986

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)