International rules on the continental shelf delimitation

Abstract

The continental shelf delimitation is a distinct type of delimitation, and the legality of the single maritime delimitation is based upon the agreement of the states concerned, expressly or tacitly. Where one of the parties expressly objects to the single delimitation, the international tribunal to which the particular dispute has been submitted, will have no competence to undertake a single delimitation. The international rules on the continental shelf delimitation consist of delimitation by agreement, delimitation on the basis of international law, and achieving an equitable solution. Maritime delimitation, including the establishment of the provisional arrangements, must be effected through the agreement of the states concerned. One basic requirement of equity is to giving equal treatment to states with equal natural situations, while giving unequal treatment to states with unequal natural situations. An equidistance line is not appropriate for the delimitation of a disrupted continental shelf, for it will cause areas which are the natural prolongation of the territory of the wide-margin state to be attributed to the narrow-margin state, thus violating the nonencroachment principle. Coastal geography is the most important relevant circumstance and the geological and geomorphological factors of the relevant seabed area should be considered in the continental shelf delimitation. In order to demonstrate the equity of the delimitation line, the test of proportionality may be a useful means.