Case notes australasian legal information institute. Taylor and cristina bascuihin national marine fisheries serv. The north sea continental shelf cases, and particularly judge jessups separate opinion, are illustrative of the judicial response to the issues of delimitation. 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 netherlands. Oct 03, 2012 three contracts worth a total of nok 9. Customary international law is an aspect of international law involving the principle of custom.
North sea continental shelf cases what equidistance principle where icj from posc 345 at university of southern california. Crossborder unitization and joint development agreements. Reports 1969 netherlands and denmark had drawn partial boundary lines based on the equidistance principle ab and cd. View pols 348 from political 348 at arizona state university. Denmark and netherlands insisted the only proper method to use was the equidistance principle. North sea continental shelf case 1969 pdf download.
The knwatlas is a 4d wind atlas based on the erainterim reanalyses dataset which captures 35 years 197920 of meteorological measurements and generates every 6 hours 3d fields on a horizontal grid of 80 km. 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. A continental shelf is the edge of a continent that lies under the ocean. North sea continental shelf cases federal republic of. Proceedings joined with north sea continental shelf federal republic of germanydenmark on 26 april 1968. No existing rule of customary international law cil prior or subsequent to the 1958 treaty. That the boundaries between their respective areas of the continental shelf in the north sea and the area claimed by the federal republic of germany d, should be determined by the application of the principle of equidistance as set forth in article 6 of the geneva convention of 1958 on the continental shelf, which by january 1, 1969 had been ratified or acceded to by 39. North sea continental shelf cases what equidistance principle.
How the war against isis changed international law. The outer limit of a countrys continental shelf shall not stretchbeyond 350 nautical miles 650 km. North sea continental shelf cases summary public international. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands wished this prolongation to take place based on. 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. Pdf the coastal ocean off northeastern north america. The rights of the coastal states in respect of the area of continental shelf that constitutes a natural prolongation of its land territory and as an extension of it in an exercise of sovereign rightsfor the purpose of exploring the seabed and. The united kingdom and france disputed the continental shelf boundary between them in the central and western areas of the. Delimitation of the continental shelf in the north sea, denmark, germany and netherlands couldnt agree amongst themselves as to where the boundaries should be for north sea continental shelf, referred to the icj court. Kebiasaan internasional diakui sebagai salah satu sumber hukum internasional oleh pasal 381b piagam mahkamah internasional.
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. International court of justice icj published on by oxford university press. Exchange of notes amending the agreement between the uk and norway relating to the delimitation of the continental shelf between the two countries. Mar 06, 20 one of the controversial areas of the international law of the seas is the delimitation of the maritime boundary of continental shelf between states with opposite or adjacent coasts. Treaty between the kingdom of the netherlands and the. This term is frequently used in legal proceedings such as a defense for a case. 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. Continental shelf research vol 159, pages 146 1 may 2018. The 1958 geneva convention on the continental shelf established the equidistant principle, which became the accepted rule as regards the parties to the convention. Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance is significantly greater. Case western reserve journal of international law 48 2016 1. North sea continental shelf germanydenmark, germanynetherlands, merits, 1969 i. Reports 1969 submitted rudolph v premyslid, march 14, 2009.
In so far as this contention is based on the view that article 6 of the convention has had the influence, and has produced the effect, described, it clearly involves treating that article as a normcreating provision which has constituted the foundation of. Nature of continental shelf rights under international law. Case concerning the frost files the state of amestonia applicant v. That flaring of exploitable gas on the norwegian continental shelf must only be allowed in limited test periods. Germany v denmark and the netherlands 1969 icj 1 were a series of disputes that came to. Description of the 1999 oceanographic conditions on the. 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. North sea continental shelf cases frg v denmark frg v netherlands, 1969 know facts. Nov 11, 2009 this document contains the following information. Accelerated formation of customary international law michael p. Anglofrench continental shelf case oxford reference.
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. Pipeline agreements concluded prior to convention, e. In the north sea continental shelf cases, the court deduced from the existing customary international law principles that continental shelf delimitation must be the object of agreement between the states concerned and that such agreement must be arrived at in accordance with equitable principles and the actual rules of law. On 9 june 1965, the federal republic of germany and denmark. Continental shelf boundaries parties insisted in icj cases of north sea. In case of conflict between plans and specifications, the plans shall govern. North sea continental shelf cases federal republic of germany v. North sea continental shelf cases the north sea continental shelf cases set out the dual requirement for forming customary international. The 1969 icj decision of the north sea continental shelf cases is very important, as it establishes fundamental principles of maritime boundary delimitation in international case law. Oil and gas legal problems, 1968 2 international lawyer 191. Jul 02, 2016 north sea continental shelf cases, icj reps, 1969, p. Description of the 1999 oceanographic conditions on the northeast continental shelf by maureen h. In the north sea continental shelf cases the court held that the passage of a.
They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in. International law case studies 1 flashcards quizlet. Relationship of multilateral treaties, custom, and international law international court of justice 1969 year 1969 2 0 february general list. Malta, judgment, 3 june 1985, icj reports 1985, pp. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. Essay on north sea continental shelf case 1506 words. Ideas of states having exclusive rights in continental shelf off their shore not necessarily compatible with equidistance principle. Exchange of notes amending the agreement between the uk and.
If this case were used as precedent otherwise, it would merely direct the disputing states to look to customary international law and cooperative action. Analysis of north sea continental shelf cases federal. Along with general principles of law and treaties, custom is considered by the international court of justice, jurists, the united nations, and its member states to be among the primary sources of international law many governments accept in principle the existence of customary. 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. Parties respective continental shelf areas in the north sea. 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. Decision in north sea continental shelf cases continental shelf boundaries. North sea continental shelf nmea 08 pdf cases 1969 i. Professor tunkin also refers to the formation of customary international law as the most difficult of all the problems of international law. Taking as their basis the judgment of the international court of justice of 20 february 1969 in the north sea continental shelf case between the. Icj north sea continental shelf cases, separate opinion of. Scharf case western reserve university school of law, michael. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505.
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. Kebiasaan internasional wikipedia bahasa indonesia. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. Case concerning the continental shelf tunisia v libyan arab jamahiriya, 1982 icj reports 1982 18 case concerning the frontier dispute burkina fasorepublic of mali 1986 icj. Warmcore rings form in the slope water region between the continental shelf and the gulf stream, and propagate westwardsouthwestward before impinging on the shelf or reattaching to the gulf. Some possible implications of the north sea case judgment volume 18 issue 4 r. This post discusses only aspects of the case related to treaty and customary international law. Continental shelf means the seabed and subsoil of the submarine areas adjacent to the coast of malaysia but beyond the limits of the territorial waters of the states, the surface of which lies at a depth no greater than 200 metres below. North sea continental shelf case federal republic of germany denmark.
Bibliography north sea continental shelf, judgment, i. Facts germany, denmark, and netherlands wanted to delimitate the intl boundaries of the continental shelf connected to them. Refworld analysis of north sea continental shelf cases. An industry for the future norways petroleum activities. The international court of justice addressed the case concerning the delimitation of the continental shelf between greece and turkey on 19 december 1978. Customary international law and the nicaragua case h c m. Also available at international legal materials, march 1969 vol. Tunkin, coexistence and international law, 1958 95 hr 9. Pdf the legal status of the philippine treaty limits and.
May, 2014 continental shelf of malaysiacontinental shelf of malaysia continental shelf act, 1966 section 2. That petroleum from the norwegian continental shelf must, as a main rule, be landedin norway, with the exception of special cases in which sociopolitical considerations warrant a different solution. 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. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands. Germany not bound under 1958 continental shelf convention. Icj north sea continental shelf cases, separate opinion of judge. Apr, 20 the continental shelf of a coastal nation extends out to the outeredge of the continental margin but at least 200 nautical miles370 km. Delimitation of maritime boundaries between adjacent states. Department of commerce national oceanic and atmospheric administration national marine fisheries service northeast region. Exploitation of the german continental shelf of 22 january 1964, reproduced in countermemorial submitted by the government of the kingdom of denmark icj pleadings vol i 157, 244. Federal republic of germanydenmark, federal republic of germanynetherlands. Article 1 for the purpose of these articles, the term continental shelf is used as referring a to the seabed and.
North sea continental shelf cases, icj reps, 1969, p. Continental shelf research vol 1, issue 1, pages 1121. But, as will be shown, the legal principles to draw on in order to answer the questions are similar. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual. 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.
The work of the international law commission during its sixtysixth session, 38 s. Speciallyaffected states and the formation of custom. Latest developments north sea continental shelf federal. View test prep north sea continental shelf cases from law 200 at cambridge. 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 netherlands on the other. United nations a rare inside look at the work of a secretive u.
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