A single maritime boundary: From UNCLOS III to present-day developments

Abstract

After the creation of the exclusive economic zone (EEZ) notion during the third United Nations Conference on the Law of the Sea (1973–1982), the exact relationship between this novel notion and already well-established concepts under international law of the sea, such as the high seas or the continental shelf, proved to be particularly intricate issues. This article investigates the latter aspect, and more particularly how the interplay between the identical, yet separate delimitation provisions contained in articles 74 and 83 of the United Nations Convention on the Law of the Sea affects the nature of the delimitation line. If a single maritime boundary, i.e. a maritime boundary delimiting the EEZ and the continental shelf by means of a single line, appears by far to be the preferred option in State practice, the question nevertheless remains whether this option has developed into a legal obligation that States as well as courts and tribunals are obligated to apply under contemporary international law. This article also analyses how other maritime zones such as the territorial sea and the contiguous zone relate to this concept of single maritime boundary.