To reach this goal, the first chapter will consider general background of the continental shelf concept. Leaving aside cases which, for various reasons, the court does not consider to be reliable guides as. Although the description of customary international law as being both delicate and difficult pertained specifically to the case before the international court of justice the icj. Geology of the norwegian continental shelf springerlink.
Icj and states for the delimitation of maritime boundaries between. Analysis of north sea continental shelf cases federal. In this particular case the policy rules lay down, amongst others, criteria for granting a license and requirements for an. Oda, professor of international law in the university of sendai, as counsel. Mark villiger, customary international law and treaties. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Delimitation of maritime boundaries between adjacent states.
In the north sea continental shelf cases, between the federal republic of germany, represented by dr. Summarise the main points of the 1969 north sea continental shelf cases and the 1986 nicaragua case with regard to the interrelationship between customary international law and treaty law. Icj north sea continental shelf cases, separate opinion of. Republic of germany shall delimit the continental shelf in the north sea as between their. International court of justice icj published on by oxford university press. North sea continental shelf case s federal republic of germanydenmark.
The law applicable on the continental shelf and the eez c. The tunisialibya continental shelf case perceived by the icj, was the existence and position of the kerkennah islands. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. Continental shelf act 1964 no 28 as at january 2020. Continental shelf is important in this case because it marks the area in question between the two states and what rights the states have within this sea zone. 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. Jurisdiction is important in this case because the court could only decide on a zone that was not considered part of the territory of another uninvolved state. North sea continental shelf case federal republic of germany denmark. Republic of germany shall delimit the continental shelf in the north sea as between.
This shelf extends from the coastline of a continent to a drop off point called the shelf break. 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. Continental shelf was virtually unknown prior to the early 1960s, as there had been no seismic measurements and few other indications of what was beneath the cover of quaternary, partly glacial, sediments. Eim67120 employment income manual hmrc internal manual. What principles and rules of international law were applicable to the delimitation of the area of the continental shelf which appertained to malta and libya, and how such principles and rules could be applied in this case so that they equitably delimited the disputed area. 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. 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. Customary international law judicial application of the custom with reference to paquete habana lutos and north sea continent shelf cases. Although i have voted, with reluctance, in favour of the judgment to the. International tribunal for the law of the sea the outer continental shelf.
North sea continental shelf cases federal republic of. In his dissenting opinion in the north sea continental shelf cases judge. Manifest intent and the generation by treaty of customary. A continental shelf extends from the coastline of a continent to a dropoff point called the shelf break. 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. North sea continental shelf nmea 08 pdf cases 1969 i. North sea continental shelf cases federal republic of germany v.
All parties agreed the court was not to physically apportion claims, but merely prescribe a method of. Before any seismic or borehole data were obtained in the north sea. Apr 25, 2017 a continental shelf is the edge of a continent lying beneath the ocean. Nature of continental shelf rights under international law. Jaenicke, professor of international law in the university of frank furt am main, as agent, assisted by dr.
Case notes australasian legal information institute. North sea continental shelf cases, icj reports 1969, paras 7078 and 81. Three provinces border the north sea with a population of over 6. The conclusion drawn by the court from the foregoing analysis is that the. Oil and gas legal problems, 1968 2 international lawyer 191. Where continental shelf law is concerned, some states have at first probably accepted the rules in question, as states usually do, because they found them convenient and useful, the best possible solution for the problems involved. An economic analysis of the use of the dutch north sea. Relationship of multilateral treaties, custom, and international law international court of justice 1969 year 1969 2 0 february general list. Marston, geoffrey north sea continental shelf cases 1969. Case western reserve university school of law scholarly commons. These areas comprise, broadly, the united kingdom sector of the continental shelf. Pdf terrestrial heat flow influences a large collection of geological phenomena. It is in respect of the delimitation of the continental shelf areas lying beyond and to. Delimitation of the continental shelf between the united kingdom of.
North sea continental shelf cases the fact that a state honours obligations because they are signatories to treaties does not indicate that they consider the rule part of customary international law. Mar 06, 20 the first time a maritime dispute of such a nature was submitted to the international court of the justice was in the north sea continental shelf cases where it held that customary international law warrants the application of the rules of equity to delimitate the boundary of the continental shelf. They are divided into quadrants numbered from 1 to 211, and each. The legal basis and the definition of the continental shelf. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. Faculty publications 2014 accelerated formation of customary international law. Refworld analysis of north sea continental shelf cases. The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between. The icj held that the right of the coastal state to its continental shelf areas is based on its. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual. This specification provides criteria for evaluating commercial offtheshelf cots manuals for acceptance. By the two special agreements respectively concluded between the kingdom of denmark. The companies were asked to provide their decommissioning activity forecasts on the norwegian continental shelf for the period 2015 to 2024.
I shall argue in this essay that the world court used a method which might be called the rule of manifest intent in the north sea continental shelf cases, that this method differs from a more traditional approach. Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance is significantly greater. Some possible implications of the north sea case judgment volume 18 issue 4 r. The application of the sector principle to the case of the north. Malta, judgment, 3 june 1985, icj reports 1985, pp. North sea continental shelf federal republic of germany. Cite as, international court of justice icj, analysis of north sea continental shelf cases federal republic of germany v.
North sea continental shelf federal republic of germany denmark. Federal republic of germany netherlands international court of justice february 20, 1969 general list. Proceedings joined with north sea continental shelf federal republic of germanydenmark on 26 april 1968. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in. This term is frequently used in legal proceedings such as a defense for a case. Latest developments north sea continental shelf federal. International law case studies 1 flashcards quizlet. Nature of international law development of international law. Jan 19, 2014 north sea continental shelf case cindy llanes. Opinio juris sive necessitatis an opinion of law or necessity or simply opinio juris an opinion of law is the belief that an action was carried out as a legal obligation. This term is frequently used in legal proceedings such as a. Outer continental shelf of the united states wikipedia. The north sea continental shelf case, nordic journal of. The present chapter will, however, provide some examples.
Jan, 2020 this is a reprint of the continental shelf act 1964 that incorporates all the amendments to that act as at the date of the last amendment to it. Ratification after signature is required to consequently make that party liable to obey the treaty. North sea continental shelf cases, icj reps, 1969, p. Speciallyaffected states and the formation of custom.
Table of contents north sea continental shelf cases federal republic of germanydenmark. A continental shelf is the edge of a continent that lies under the ocean. Exploration and exploitation of the marine natural resources are centred on the continental shelf. From the break, the shelf descends toward the deep ocean floor in what is called the continental slope. A summary and case brief of north sea continental shelf cases federal republic of germany v. All parties agreed the court was not to physically apportion claims, but.
Performance specification evaluation of commercial offtheshelf cots manuals and preparation of supplemental data this specification is approve for use by all departments and agencies of the department of defense 1. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505. 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. International court of justice, in particular in the north sea continental shelf cases. 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. Federal republic of gerrnetherlands continental shelf areas in. The shelf break is where the underwater edge of a continent shelf begins to rapidly slope downwards towards the ocean floor depths. See generally isi foigel, the north sea continental shelf case 1969 39. North sea regarding the delimitation of their continental shelf areas 21.
The principles that are derived from the north sea continental shelf cases 16 may be summarized up as follows. Alaska region, pacific region, gulf of mexico region, and the atlantic region. Pursuit of negotiations during judicial proceedings no impediment to exercise of jurisdictionexistence of legal dispute. Doc the northsea continental shelf cases revisited. Read the north sea continental shelf case, nordic journal of international law on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at. 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.
Moreover, in the present case, any such inference would immediately be nullified by the fact that, as soon as concrete delimitations of north sea continental shelf areas began to be carried out, the federal republic, as described earlier paragraphs 9 and 12, at once reserved its position with regard to those delimitations which effected on. The dutch continental shelf of the north sea comprises 58,000km2 or about 10% of the total north sea area. The north sea continental shelf cases papers in the ssrn. The law applicable on the continental shelf and the eez 1. Rock but subsequently released on the instructions of the british board of. 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 and other parts of the norwegian continental shelf contain several different petroleum provinces which can illustrate some of the general principles of petroleum geology and geophysics. Sperry leads the industry with the widest array of mwdlwd technologies achieved through our focus on formation evaluation acquiring early, accurate, and reliable reservoir measurements during or after the drilling process. Sep, 2017 north sea continental shelf cases icj reports, 1969, p.
The exercise of equidistance method of delimitation is not obligatory between the parties. North sea continental shelf cases icj reports, 1969, p. Denmark and the netherlands argued that north sea rights should extend equidistantly such that germany was squashed in the middle and didnt get much, as a matter of customary international law, set out in the 1958 geneva convention on the continental shelf. 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. Principles applicable in the delimitation of continental shelf 1. The delimitation of maritime boundaries may create overlapping claims requiring maritime boundary delimitation.
The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf. Constance north sea continental shelf cases1 public international. The role of continental shelves in nitrogen and carbon. Give the name of this problem and then a case in which it was evidences. Continents are the seven main divisions of land on earth. The parties sought a method by which the continental shelf could be fairly delimited. These two separate claims were joined by the icj, and decided as one case. In his dissenting opinion in the north sea continental shelf cases judge tanaka described customary international law as both delicate and difficult. North sea continental shelf, germany v denmark, merits. Jennings skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. The latter expression is more specific, referring specifically to north sea continental shelfs insistence that state practice cannot be widespread and representative unless it includes the practice of speciallyaffected states. The north american continental shelf presents a vastly different picture than the map of the same land area. In the case of the north sea, w e used the conductivity.
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