This paper reflects the icjs notable decision in not laying any applicable principle and rules of international law on the delimitation of the north sea continental shelf between the disputing coastal states. Introduction this comment examines treaties, custom, and other representations of state conduct as sources of law binding upon states. Judgments north sea continental shelf federal republic of. Memorial submitted by the government of the federal republic of germany countermemorial submitted by the government of the kingdom of denmark countermemorial submitted by the government of the kingdom of the netherlands. North sea continental shelf cases in these landmark cases. North sea continental shelf cases federal republic of germany v. The first question to be considered is whether the 1958 geneva convention on the continental shelf is binding for all the parties in this casethat is to say whether. Equity in the north sea continental shelf cases in. North sea continental shelf federal republic of germany. By the two special agreements respectively concluded between the kingdom of denmark and the federal republic of germany, and between the federal republic and. The north sea continental shelf cases confirmed that both state practice the objective element and opinio juris the subjective element are essential prerequisites for the formation of a customary law rule. The north sea continental shelf cases international relations. Reports 1969 netherlands and denmark had drawn partial boundary lines based on the equidistance principle ab and cd.
The line cdeba is the approximate equidistance line. These cases concerned the delimitation of the continental shelf of the north sea as between denmark and the federal republic of germany, and as between the netherlands and the federal republic, and were submitted to the court by special agreement. Latest developments north sea continental shelf federal. North sea continental shelf cases sketch map point c marks the land boundary between the netherlands and germany. The north sea continental shelf cases, current legal problems, volume 23, issue 1, 1970, pages 187215.
Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. International court of justice and leading cases ahmer. Federal republic of germany netherlands international court of justice february 20, 1969 general list. The north sea continental shelf cases student articles.
Germany v denmark and the netherlands 1969 icj 1 also known as the north sea continental shelf cases were a series of disputes that came to the international court of justice in 1969. North sea continental shelf cases, icj reps, 1969, p. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in the north sea. North sea continental shelf cases icj reports, 1969, p. The parties asked the court to state the principles and rules. A grotian reading of the north sea continental shelf cases law, are privileged to become part of the legislator hitherto the exclusive role of the sovereign state because their behaviour, in being intentionally law conforming, is behaviour for the sake of the public interest of the whole society. On 1 december 1964, the federal republic of germany and the netherlands concluded an agreement for the partial delimitation of the boundary near the coast. See other cases involving germany denmark proceedings joined with north sea continental shelf federal republic of germanynetherlands on 26 april 1968. An analysis of negotiations abhilasha mittal1 abstract the main purpose of this paper is to understand the reasons for the failure of the negotiations between the three states i. International court of justice icj published on by oxford university press. This is consistent with article 38 1 b of the statute of the icj.
The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between the federal republic of germany and denmark on the one hand, and between the federal republic of germany and the. Status of islandsreference to the draft convention on the law of the seaarticle 121. Equity in the north sea continental shelf cases in nordic journal of international law. Germany v denmark and the netherlands 1969 icj 1 were a series of disputes that came to the international court of justice in 1969. Continental shelf two sets of rules and principles are available in international law.
This reasoning was cited approvingly in the north sea continental shelf cases, which similarly declined to find the existence of customary law regarding the proper method to delimit territorial claims to the continental shelf extending from the coastline of states bordering the north sea. North sea continental shelf cases current legal problems. Konvensi tentang laut teritorial dan zona tambahan convention on the territorial sea andcontiguous zone, konvensi tentang laut lepas convention on the high seas, konvensi tentang perikanan dan perlindungan sumber daya alam hayati. Both denmark and the netherlands submitted an individual dispute with germany to the icj involving claims to the north sea continental shelf. Convention on the continental shelf, 1958 office of legal. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands wished this prolongation to take. Customary international law judicial application of the custom with reference to paquete habana lutos and north sea continent shelf cases. Continental shelf 1 cases with the problem of delimitation of the. Rule not proposed by international law commission as an emerging rule of customary international law, it has not crystallized as a rule 3. Judgments north sea continental shelf federal republic of germanydenmark links site search document search contact the court history members of the court. North sea continental shelf federal republic of germany denmark. A continental shelf extends from the coastline of a continent to a dropoff point called the shelf break. A summary and case brief of north sea continental shelf cases federal republic of germany v.
The application of the sector principle to the case of the north. Prospective angloscottish maritime boundary revisited. North continental shelf case konferensi hukum laut di jenewa dari tanggal 24februari 27 februari 1958 yang akhirnya. Jul 02, 2016 north sea continental shelf cases, icj reps, 1969, p. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505. The north sea continental shelf cases 1969 provide one of the few instances where the icj has provided a detailed analysis and overview of the existence and requirements of customary international law. Analysis of north sea continental shelf cases federal. Delimitation of maritime boundaries between adjacent states. Overview of the case these cases concerned the delimitation of the continental shelf of the north sea as between denmark and the federal republic of germany, and as between the netherlands and the federal republic, and were submitted to the court by special agreement. Table 4 lists maritime boundaries here the term maritime is used generically by country, including those agreements that have entered into force, those that have been signed but not yet in force, and. For a custom to become binding as international law, it must amount to a settled practice and must be rendered obligatory by a rule requiring it. In particular, it will focus on the decision of the international court of justice in the north sea continental shelf cases. Read north sea continental shelf cases, icj 1969 paras 6082 1.
Ratification after signature is required to consequently make that party liable to obey the treaty. Icj north sea continental shelf cases, separate opinion of. North sea continental shelf cases federal republic of. Natural prolongation of territory into and under the sea exists ipso facto and. Natural prolongation of territory into and under the sea exists ipso facto and ab initio by virtue of its sovereignty over the land. Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance is significantly greater. Federal republic of germanyidenmark federal repijbliciof germanyinetherlands. Scribd is the worlds largest social reading and publishing site. North sea continental shelf federal republic of germanydenmark cases previous next overview of the case institution of proceedings. Whether the equidistance principle is a rule of customary international law 2. Table of contents north sea continental shelf cases federal republic of germanydenmark.
North sea regarding the delimitation of their continental shelf areas 21. Introduction the north sea, a marginal sea lying between the eastern coast of great britain and the northwestern part of continental europe, has featured prominently in european history. Point a marks the land boundary between germany and denmark. The north sea continental shelf cases 1969 provide one of the few instances where the icj has provided a detailed analysis and overview of the existence and. The jurisprudence of the north sea continental shelf cases sets out the dual requirement for the formation of customary international law. Principles applicable in the delimitation of continental shelf 1. Judgments north sea continental shelf federal republic. North sea continental shelf cases summary public international. Can the united states establish the outer limits of its.
Outer continental shelf boundary agreements international. The international court of justice was concerned in the north sea. In the north sea continental shelf cases, between the federal republic of germany, represented by. Essay on north sea continental shelf case 1506 words. To reach this goal, the first chapter will consider general background of the continental shelf concept. Refworld analysis of north sea continental shelf cases. Manifest intent and the generation by treaty of customary. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands wished this prolongation to take place based on. The fixed points comprising the line of the outer limits of the continental shelf on the seabed, drawn in accordance with paragraph 4 ai and ii, either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500metre isobath, which is a line connecting the depth of 2,500 metres. Article 1 for the purpose of these articles, the term continental shelf is used as referring a to the seabed and.
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