The Roles of Proportionality in Maritime Delimitation: State of Jurisprudence

Abstract

The idea of proportionality seems always to have been a central element in the concept of equity. The notion of proportionality appears to be implicit in the concept of equity in maritime boundary delimitation as well. The concept and role of proportionality may be divided into three types. The first view may be one which interprets this concept positively, thus, regarding it as a principle or rule which can guide delimitation. The second view considers proportionality as a test of equity. The third view relating to proportionality is concerned with disparities in the lengths of the coasts and the resulting adjustment of a provisional boundary. The decisions of international courts or tribunals have emphasized that this notion should be clearly distinguished from proportionality as a principle or method of delimitation. This chapter examines these three different views on the roles of proportionality, and assesses their implications on maritime delimitation. Keywords:international courts; maritime delimitation; proportionality