Delimitation Issues

Abstract

In the previous chapters, we have dealt primarily with the situation where a State's continental shelf and any extension are adjacent to international waters. However, there are a number of cases where the continental shelf (or its extension) of one State abuts that of another State. This chapter examines that particular situation and considers its implications in delimitation issues. The UNCLOS articles 74 and 83 provide for the delimitation of the EEZ and continental shelf between opposite and adjacent States respectively. Article 83 states: . . . 1. The delimitation of the Continental Shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. 2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and co-operation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the Continental Shelf shall be determined in accordance with the provisions of that agreement. The wording of article 74 is identical in all respects, except for continental shelf, read exclusive economic zone. These articles provide that the coastal States concerned shall reach agreement on the basis of international law in order to achieve an equitable solution. The Convention provides no further substantive guidance concerning the delimitation of maritime boundaries beyond the territorial sea. Where neighboring coastal States are adjacent to each other or opposite within 400 M of each other, a potential maritime boundary overlap exists. There is considerable State practice and jurisprudence on the matter of maritime boundary delimitation within 200 M of a coastal State's territorial sea baseline.