International law case studies 1 flashcards quizlet. Customary international law and the nicaragua case h c m. A summary and case brief of north sea continental shelf cases federal republic of germany v. The tunisialibya continental shelf case perceived by the icj, was the existence and position of the kerkennah islands. By the two special agreements respectively concluded between the kingdom of denmark and the federal republic of germany, and between the federal republic and. Treaty between the kingdom of the netherlands and the. Essay on north sea continental shelf case 1506 words. North sea continental shelf cases federal republic of. Delimitation, exploitation, and allocation of transboundary. The principle of the domination of the land over the sea. The continental shelf of a coastal state comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea.
Mediander connects north sea continental shelf cases to 120 1969 at 4451,paraj. Production from the field started on 15 june 1971, and in the following years a number of major discoveries were made. Relationship of multilateral treaties, custom, and international law international court of justice 1969 year 1969 2 0 february general list. Jul 02, 2016 north sea continental shelf cases, icj reps, 1969, p. With the ekofisk discovery in 1969, the norwegian oil adventure really began. Federal republic of germanyinetherlands continerrtal shelf nreas iri the horrli sea delitriitatiori crs betwecn aajacerit. Case notes australasian legal information institute. The court described the process by which a treaty rule may become a rule of customary law. Reports 1969 netherlands and denmark had drawn partial boundary lines based on the equidistance principle ab and cd. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. Ross sea continental shelf deep sea drilling project.
Latest developments north sea continental shelf federal. The norwegian continental shelf as of june 20th, 2016. The shelf was gradually opened, and only a restricted number of blocks. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in. Gaius described the sea as res nullius, asserting that it belonged to the first occupant. Point a marks the land boundary between germany and denmark. On 9 june 1965, the federal republic of germany and denmark. North sea continental shelf cases federal republic of germany v. Sep, 2017 north sea continental shelf cases icj reports, 1969, p.
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. The continental shelf of a coastal state comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the. Refworld analysis of north sea continental shelf cases. It was also contended on behalf of the federal republic p21 that in a sea shaped as is the north sea, the whole bed of which, except for the norwegian trough, consists of continental shelf at a depth of less than 200 metres, and where the situation of the circumjacent states causes a natural convergence of their respective continental shelf. Pollen assemblages from the continental shelf of the south china sea document intensified river flows on the exposed sunda shelf in response to strengthened winter monsoon precipitation during the. In the absence of agreement, and unless another boundary line is justified by special circumstances, the.
Treaty between the kingdom of the netherlands and the federal. The continental shelf article 2 the continental shelf over which japan exercises its sovereign rights and other rights as a coastal state in accordance with the u. This is the talk page for discussing improvements to the north sea continental shelf cases article. Denmark and netherlands insisted the only proper method to use was the equidistance principle. The outer limit of a countrys continental shelf shall not stretchbeyond 350 nautical miles 650 km.
Continental shelf simple english wikipedia, the free. Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance is significantly greater. 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. Convention on the law of the sea hereinafter the continental shelf comprises the seabed and its subsoil subjacent to the following areas of the sea. North sea continental shelf cases invisible college press. A continental shelf is the part of the continent that is under water. 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 states but to. Continental shelf questions and answers regjeringen. It was also contended on behalf of the federal republic 21 that in a sea shaped as is the north sea, the whole bed of which, except for the norwegian trough, consists of continental shelf at a depth of less than 200 metres, and where the situation of the circumjacent states causes a natural convergence of their respective continental shelf. Printing law of the sea national legislation doalos.
Germany v denmark and the netherlands 1969 icj 1 were a series of disputes that came to the international court of justice in 1969. 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. The north sea is a marginal sea of the atlantic ocean located between great britain england and scotland, denmark, norway, germany, the netherlands, belgium and france. The vegetation and climate on the emerged continental. A continental shelf extends from the coastline of a continent to a dropoff point called the shelf break. Any assertion of sea rights was purely metaphysical. 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 federal republic of germany.
The commission on the limits of the continental shelf hereinafter clcs is one of the three institutions created under the 1982 united nations convention on the law of the sea hereinafter the convention. See, north sea continental shelf case, icontinental shelf, 4the best recommendations for example of. Law of the continental shelf and ocean resourcesa an overview. Continental shelf 631 dentials committee, five committees of the conference were established, to the fourth of which the subject of the continental shelf was assigned. A continental shelf is the edge of a continent that lies under the ocean. The law of maritime delimitation and the russiannorwegian. North sea continental shelf cases summary public international. Whether the icj has jurisdiction to grant or decline the interim measures 1 gross, 31. North sea continental shelf cases sketch map point c marks the land boundary between the netherlands and germany. Icj north sea continental shelf cases, separate opinion of judge. Icj north sea continental shelf cases, separate opinion of.
It shows all fields, discoveries, areas awarded and areas that have been opened for exploration activities 1 the norwegian continental shelf norwegian. Europe pertaining to maritime boundaries, the six concluded before 1969 were. An epeiric or shelf sea on the european continental shelf, it connects to the ocean through the english channel in the south and the norwegian sea in the north. In fact, one can look at this poem as one long metaphor, mainly focusing on the similarity between the sea and the dog. Ratification after signature is required to consequently make that party liable to obey the treaty. Uk continental shelf mid north sea high the subsurface data is made freely available to support evaluation of the frontier or underexplored uk part of the greater mid north sea high which will be offered in the upcoming 29th offshore licensing round 2016. In effect, parties are free to agree upon any maritime boundary. 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. North sea continental shelf nmea 08 pdf cases 1969 i. North sea continental shelf federal republic of germanydenmark cases previous next overview of the case institution of proceedings.
North sea continental shelf case federal republic of germany denmark. This post discusses only aspects of the case related to treaty and customary international law. Facts germany, denmark, and netherlands wanted to delimitate the intl boundaries of the continental shelf connected to them. Uk continental shelf mid north sea high free subsurface. This is not a forum for general discussion of the articles subject. The continental shelf of a coastal nation extends out to the outeredge of the continental margin but at least 200 nautical miles370 km. If this case were used as precedent otherwise, it would merely direct the disputing states to look to customary international law and cooperative action. The very first line of the first stanza spells out the metaphor quite clearly. Exploration in the 1970s was confined to the area south of the 62nd parallel. Most of the island is above the water line, and we see it as a.
The line cdeba is the approximate equidistance line. 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. Customary international law and the nicaragua case h c m charlesworth senior lecturer in law, university of melbourne introduction custom1 is an increasingly controversial source of law in the late twentieth century. That deduction is part of the courts methodological arsenal is demonstrated by the fact that in the north sea continental shelf cases five. The sea by james reeves the main idea of the sea by james reeves is that the sea is similar to a dog in so many ways. Nature of continental shelf rights under international law. Decision in north sea continental shelf cases continental shelf boundaries. North sea continental shelf cases federal republic of germanydenmark and netherlands 1969 i. 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 kingdom of the netherlands and the federal republic of germany, purposing to establish the boundary between their respective parts of the continental shelf under the north sea, in so far. Geologists have observed for decades that drastic changes in the sea level over the past few million years left vast swaths of the modern day sea floor exposed for millennia at a time. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands wished this prolongation to take place based on. Judgments north sea continental shelf federal republic. Bibliography north sea continental shelf, judgment, i.
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. Many states therefore do not need to collect more specific data or have the outer limit of their continental shelf considered. Reports 1969 submitted rudolph v premyslid, march 14, 2009. 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. Principles applicable in the delimitation of continental shelf 1. The vegetation and climate on the emerged continental shelf. 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. It would in the first place be necessary that the provisions concerned should, at all events potentially, be of a fundamentally normcreating character such as could be regarded as forming the basis of a general rule of law. Open access items may be downloaded for noncommercial, fair use. 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. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. Sea rise over continental shelves significantly affected. Federal republic of germanyinetherlands continerrtal shelf nreas iri the horrli seadelitriitatiori crs betwecn aajacerit. The shelf was part of the land during the ice ages in the glacial periods, but under water in the interglacial periods.
Beauchamp states that tihe theory of free ocean use beyond the. Institute of geology, mineralogy and geophysics, ruhr university bochum, germany. Although it is ritually included in all accounts of the sources of. All coastal states have a continental shelf that stretches 200 nautical miles to sea 1 nautical mile 1. North sea continental shelf cases, icj reps, 1969, p. 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. 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.
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