Delimitation of Maritime Boundaries: Continental Shelf and Exclusive Economic Zone, in Light of the Gulf of Maine Case, Canada v. U.S.A. (1984)

Abstract

The international law applicable to maritime boundary delimitation is very imprecise and, consequently, decisions of international tribunals are of the utmost importance. The recent decision of a Chamber of the International Court of Justice in the Gulf of Maine Case, between Canada and the United States, makes a significant contribution to the development and clarification of the applicable law. The Chamber's judgment, which is considered as one rendered by the Court itself, clarifies the difference between principles and rules of international law, on the one hand, and equitable criteria and practical methods, on the other. Principles of law are limited to a few basic norms, such as the obligation to seek an agreement and, if one cannot be reached, to have recourse to third party procedure with a view to arriving at an equitable delimitation by taking all relevant circumstances into account. Equitable criteria, such as the geographical configuration of the area, and practical methods, such as that of equidistance, are numerous and vary with each concrete situation.