Arbitration Between Newfoundland and Labrador and Nova Scotia concerning Portions of the Limits of Their Offshore Areas as defined in the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland Atlantic Accord Implementation Act

Abstract

425Arbitration — International maritime boundary award — Dispute regarding boundary line dividing offshore areas of two Canadian Provinces — Oil, gas and mineral rights on continental shelf — Accord Acts — Dispute settlement provisions — Terms of Reference — Canadian Provinces to be treated as States for purposes of arbitration — Arbitration in two stages — Phase One to determine whether boundary line resolved by agreement — 1964 Joint Statement — 1972 Communiqué — Subsequent practice of Parties — Relevance — Phase Two to determine line in absence of agreement — Applicable lawSea — Delimitation of maritime boundaries between Parties — Continental shelf — Delimitation of continental shelf beyond 200 nautical mile limit to outer edge of continental margin — Method of delimitation — Practical method — Equitable result — Geographical context — Governing law — Whether fourth Geneva Convention on the Continental Shelf, 1958 applicable — Article 6 of Geneva Convention — Provisional strict equidistance line — Whether requiring adjustment — Conduct of Parties — Relevant geographical circumstances — Whether proportionality test relevantTreaties — Geneva Convention on the Continental Shelf, 1958, Article 6 — United Nations Convention on the Law of the Sea, 1982, Article 83(1) and (4) — Customary international law — Law governing maritime delimitation — Unity — Flexibility