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  • 7 - Relevant Coasts and Relevant Area

  • Edited by Alex G. Oude Elferink, Universiteit Utrecht, The Netherlands, Tore Henriksen, Universitetet i Tromsø, Norway, Signe Veierud Busch, Universitetet i Tromsø, Norway
  • Book:
    Maritime Boundary Delimitation: The Case Law
    Published online:
    23 February 2018
    Print publication:
    15 March 2018, pp 173-199

  • Summary

    This chapter looks at the concepts of relevant coasts and relevant area. The chapter first focusses on the definition of these concepts, tracing their origins and providing an understanding of their purpose. The normative nature of the concepts of relevant coasts and relevant area is also briefly considered. Next, the different criteria that have been advanced by the case law to identify the relevant coasts and relevant area are considered. As the analysis points out, the general criteria that have been formulated by the International Court of Justice (ICJ) in Tunisia/Libya have been most often relied upon by the judiciary. The chapter then assesses how these general criteria to determine the relevant coasts and the relevant area have been applied in the circumstances of the specific case and concludes that their application raises a number of questions. In that light, the chapters considers whether there are other general criteria that are more easily applicable across the board. It is concluded that in light of the difficulties quantifiable geometric criteria run into, a preferable approach might have been to solely rely on more general precepts underlying maritime delimitation law.

  • 14 - Conclusions

  • Edited by Alex G. Oude Elferink, Universiteit Utrecht, The Netherlands, Tore Henriksen, Universitetet i Tromsø, Norway, Signe Veierud Busch, Universitetet i Tromsø, Norway
  • Book:
    Maritime Boundary Delimitation: The Case Law
    Published online:
    23 February 2018
    Print publication:
    15 March 2018, pp 376-402

  • Summary

    This chapter draws together the conclusions of the preceding chapters. A first section considers the general rules on delimitation contained in multilateral conventions and customary law and assesses how these rules have been provided further, specific content by the case law. It is concluded that the case law’s explanation of the central concepts of the law is not wholly satisfactory. The chapter then considers how the terms consistency and predictability should be understood, how they relate to each other, and makes an assessment of the consistency and predictability of the case law. Consistency can be said to exist at the level of defining the approach to delimitation, but in applying this approach this is less so. Predictability exists in relation to straightforward case, but assessing the outcome of complex cases remains a daunting task. Next, the chapter considers the normative nature of the process of maritime boundary delimitation and briefly considers how the case law on the delimitation of maritime boundaries may develop in the future. In the final analysis, it is concluded that research into the consistency and predictability of the case law on maritime delimitation is likely to remain relevant in the years to come.

  • 1 - The Judiciary and the Law of Maritime Delimitation

  • Edited by Alex G. Oude Elferink, Universiteit Utrecht, The Netherlands, Tore Henriksen, Universitetet i Tromsø, Norway, Signe Veierud Busch, Universitetet i Tromsø, Norway
  • Book:
    Maritime Boundary Delimitation: The Case Law
    Published online:
    23 February 2018
    Print publication:
    15 March 2018, pp 1-32

  • Summary

    This chapter introduces the remainder of the book, including a brief overview of the individual chapters. It introduces the research focus of the project that resulted in this Volume and then briefly comments on the development of the law on the entitlement to and delimitation of the continental shelf and the exclusive economic zone. As is explained, the relevant rules contained in multilateral conventions and customary international law provide the framework against which developments in the case law have to be assessed. The chapter also considers the availability of third party dispute settlement mechanisms to resolve disputes on the delimitation of the continental shelf and the exclusive economic zone. The option of third party dispute settlement was considered to be relevant to maritime delimitation from the outset of the debate on substantive delimitation provisions. A further section concerns the question how the composition of judicial bodies may shape the law and whether criticism from beyond the bench may have had an impact on the development of the case law. If anything, this assessment shows how difficult it is to second-guess what transpires in the internal deliberations of the judiciary.

Maritime Boundary Delimitation: The Case Law
  • Is It Consistent and Predictable?
  • Edited by Alex G. Oude Elferink, Tore Henriksen, Signe Veierud Busch
  • Published online:
    23 February 2018
    Print publication:
    15 March 2018
  • The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.

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