Abstract
<em>The notion of equitable principles is considered in public international law as a subsidiary source of law. However, it is nevertheless an autonomous concept in the law of the sea, and particularly in the law of maritime delimitations. However, can this notion in international litigation of maritime delimitation be defined both in form and in substance? Thus, can one say precisely in which legal category it is classified, and can its content be defined?</em>
Highlights
The United Nations Convention on the Law of the Sea, signed at Montego Bay on 10 December 1982, provides a global legal system for the universal use of the largest resource including regulation of use, maritime zones and provisions and compulsory dispute settlement procedures
States signing, ratifying or acceding to the Convention must provide a written declaration explaining the means chosen. They have the following choices: -The International Tribunal for the Law of the Sea, -The International Court of Justice, -And an arbitral tribunal constituted according to Annex VII of the Convention (Note 1)
The equivalence was arithmetically speaking a simple notion; the proportionality is more complex and more arbitrary, since it involves the choice of parameters and the quantification of these parameters. It was the judgment of the International Court of Justice in the North Sea Continental Shelf Cases which revived the problem of equity in public international law in relation to the delimitation of the continental shelf
Summary
The United Nations Convention on the Law of the Sea, signed at Montego Bay on 10 December 1982, provides a global legal system for the universal use of the largest resource including regulation of use, maritime zones and provisions and compulsory dispute settlement procedures. They have the following choices: -The International Tribunal for the Law of the Sea, -The International Court of Justice, -And an arbitral tribunal constituted according to Annex VII of the Convention (Note 1).
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