The Role of Low-Tide Elevations in Maritime Delimitation Cases

Abstract

Compared with the extensive research on the role of islands in maritime boundaries, recent developments on the impact of low-tide elevations in maritime delimitations have not been examined carefully. This article explores the role of low-tide elevations in international maritime boundary cases with a particular focus on the validity and appropriateness of using low-tide elevations as base points for an equidistance line for delimiting maritime zones. It argues that low-tide elevations can be valid base points for constructing an equidistance line as they may constitute the relevant coast. It notes, however, that based on the rationale applied to the treatment of islands in maritime delimitations, low-tide elevations are not appropriate base points for an equidistance line if they produce a disproportionate impact on the delimitation line. Overall, the article suggests that formulating a general rule on the effect of low-tide elevations in the maritime delimitations is likely to be a difficult task due to some unresolved issues concerning the appropriateness of the use of low-tide elevations.