Suchergebnisse

The so-called "doctrine and practice of the Continental Shelf," hardly more than ten years old, has, through many unilateral proclamations highly different in character and contents, led at this time to a situation which only can be characterized as one of confusion and abuse. The whole development, especially in its exaggerated claims, gives the impression of a triumphant upsurge of national sovereignty, and threatens to endanger the long-established principle of the freedom of the high seas—a norm juris cogentis of general customary international law.

International law in general — Sources — State practice — Draft treaty reflecting State practice — Draft Convention on the Law of the Sea, 1980 — Provisions relating to islands and delimitation of the continental shelfJurisdiction — In general — Territorial — Continental shelf — Principles of delimitation — Islands — Draft Convention on the Law of the Sea, 1980 — Joint development of continental shelf area by two States — Jurisdiction in particular parts of the area — Applicable legislationDisputes — Conciliation — Function of Conciliation Commission — Search for equitable and acceptable settlement — Use of legal principles — Distinction between Commission and court of law ProcedureState territory — Parts of State territory — Continental shelf Principles for delimitation of continental shelf — Islands — Entitlement of island to continental shelf — Relation between continental shelf and economic zone — Draft Convention on the Law of the Sea, 1980 — Relevance — Natural prolongation — Equidistance method — Role of equitable principles — Need to take acount of one State's need for hydrocarbons — Greater resources and expertise of other State — Joint development of disputed area by the two States Terms of joint development — Jurisdiction within parts of the area — Applicable legislation — Disputes — Conciliation — Function of Conciliation Commission — Procedure — Distinction between Commission and court of law — Search for equitable and acceptable solution — Sources of international law — State practice — Draft Convention on the Law of the Sea, 1980

International law in general — Sources — Customary international law — Equity and equitable principles — New accepted trends of United Nations Conference on the Law of the Sea — Adjudicationex aequo et bonodistinguished — Informal composite negotiating text of the draft Convention on the Law of the Sea, 1982International law in general — Relation to municipal law — Relevance of Petroleum Law 1955 and oil concessionsState territory — Parts of — Boundaries — Land boundaries — Relevance of land boundary to delimitation of continental shelf — Adjacent States — Land frontier at Ras Ajdir — Coast to shelf ratioState territory — Parts of — Boundaries — Water boundaries — Boundary of continental shelf — Delimitation between adjacent States — Equitable principles and special circumstances — Equidistance — Importance of geographical circumstances — Relevance of coastline — Islands — Coast to shelf ratioState territory — Parts of — Territorial, waters — Breadth and delimitation of the maritime belt — Dispute between two adjacent States — Base lines — IslandsState territory — Parts of — Territorial waters — Coasting trade and fisheries — Historic fishing rights — Relevance to delimitation of continental shelfState territory — Parts of — Islands — Whether Jerba and Kerkennahs relevant to delimitation of continental shelf — Whether termination of shelf boundary line to be stipulated — Future claims by MaltaTreaties — Interpretation of — Consideration of preparatory work Draft Convention on the Law of the Sea, 1982Disputes — International Court of Justice — Contentious jurisdiction — Competence — Special agreement between the parties — Whether specific method of delimitation requestedDisputes — International Court of Justice — Contentious jurisdiction — The law applicable — Special agreement between the parties Article 1 — Equity — Application of equitable principles distinguished from adjudicationex aequo et bonoDisputes — International Court of Justice — Contentious jurisdiction — Judgment — Special agreement between the parties — Article 1 — Court asked to specify only principles of delimitation — Specification of practical applicationState territory — Parts of — Continental Shelf — Boundaries — Delimitation — Adjacent States — Equitable principles and special circumstances — Geneva Convention on Continental? — Whether identical with adjudicationex aequo et bono— Judgment — Delimitation principles — Practical application