International court of justice
Download
1 / 11

International Court of Justice - PowerPoint PPT Presentation


  • 334 Views
  • Updated On :

International Court of Justice. North Sea Continental Shelf Case ICJ Reports 1969. Parties : Federal Republic Denmark and of Germany vs. the Netherlands. Dispute : Delimitation of the Continental Shelf. Source: Common Wadden Sea Secretariat.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'International Court of Justice' - baris


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
International court of justice l.jpg

International Court of Justice

North Sea Continental Shelf Case

ICJ Reports 1969


Slide2 l.jpg

Parties:

Federal RepublicDenmark and

of Germany vs. the Netherlands


Dispute delimitation of the continental shelf l.jpg
Dispute:Delimitation of the Continental Shelf.

Source: Common Wadden Sea Secretariat


The positions of the parties l.jpg
The positions of the parties:

Denmark and the Netherlands:

  • wished prolongation to be effected on the basis of the “equidistance principle” (Article 6, Geneva Convention on the Continental Shelf 1958)

  • the principle of equidistance is meant to be customary international law


Geneva convention on the continental shelf 1958 l.jpg
Geneva Convention on the Continental Shelf (1958)

Article 6

1. Where the same continental shelf is adjacent to the territories of two or more States whose coasts are

opposite each other, the boundary of the continental shelf appertaining to such States shall be determined by

agreement between them. In the absence of agreement, and unless another boundary line is justified by special

circumstances, the boundary is the median line, every point of which is equidistant from the nearest points of the

baselines from which the breadth of the territorial sea of each State is measured.

2. Where the same continental shelf is adjacent to the territories of two adjacent States, the boundary of the continental shelf shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary shall be determined by application of the principle of equidistance from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured.

3. In delimiting the boundaries of the continental shelf, any lines which are drawn in accordance with the

principles set out in paragraphs 1 and 2 of this article should be defined with reference to charts and geographical

features as they exist at a particular date, and reference should be made to fixed permanent identifiable points on

the land.


Slide6 l.jpg

Federal Republic of Germany:

  • contended that the correct rule was one according to which each of the States concerned should have a "just and equitable share" of the available continental shelf, in proportion to the length of its sea-frontage.


Legal questions l.jpg
Legal questions:

  • Article 6 of Geneva Convention on the Continental Shelf (1958) binding for all the parties in the case ?

  • customary international law applicable ?


The judgement l.jpg
The judgement:

  • Non-Applicability of Article 6 of the Continental Shelf Convention (1958):

    The legal situation was that the parties were under no obligation to apply the equidistance principle either under the Convention or as a ruleofgeneral or customary international

    law.

  • The Apportionment Theory Rejected.


The principles and rules of law applicable l.jpg
The Principles and Rules of law Applicable:

  • The court at the end advice negotiation as the best way to solve the conflict.




ad