Republic of germany shall delimit the continental shelf in the north sea as between. A continental shelf is the edge of a continent that lies under the ocean. Marston, geoffrey north sea continental shelf cases 1969. By the two special agreements respectively concluded between the kingdom of denmark.
Refworld analysis of north sea continental shelf cases. Some possible implications of the north sea case judgment volume 18 issue 4 r. Apr 25, 2017 a continental shelf is the edge of a continent lying beneath the ocean. The present chapter will, however, provide some examples. Leaving aside cases which, for various reasons, the court does not consider to be reliable guides as. Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance is significantly greater. Delimitation of maritime boundaries between adjacent states. Eim67120 employment income manual hmrc internal manual. On 1 december 1964, the federal republic of germany and the netherlands concluded an agreement for the partial delimitation of the boundary near the coast. A summary and case brief of north sea continental shelf cases federal republic of germany v. North sea continental shelf cases federal republic of germany v. In his dissenting opinion in the north sea continental shelf cases judge.
The north sea continental shelf cases 1969 provide one of the few instances where the icj has provided a detailed analysis and overview of the existence and requirements of customary international law. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. Three provinces border the north sea with a population of over 6. Performance specification evaluation of commercial offtheshelf cots manuals and preparation of supplemental data this specification is approve for use by all departments and agencies of the department of defense 1. Analysis of north sea continental shelf cases federal. Continental shelf was virtually unknown prior to the early 1960s, as there had been no seismic measurements and few other indications of what was beneath the cover of quaternary, partly glacial, sediments. Where continental shelf law is concerned, some states have at first probably accepted the rules in question, as states usually do, because they found them convenient and useful, the best possible solution for the problems involved. These two separate claims were joined by the icj, and decided as one case. Pursuit of negotiations during judicial proceedings no impediment to exercise of jurisdictionexistence of legal dispute. Read the north sea continental shelf case, nordic journal of international law on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at. An analysis of negotiations abhilasha mittal1 abstract the main purpose of this paper is to understand the reasons for the failure of the negotiations between the three states i.
North sea continental shelf cases, icj reports 1969, paras 7078 and 81. Icj north sea continental shelf cases, separate opinion of. North sea continental shelf federal republic of germany. Pdf terrestrial heat flow influences a large collection of geological phenomena. Summarise the main points of the 1969 north sea continental shelf cases and the 1986 nicaragua case with regard to the interrelationship between customary international law and treaty law. International law case studies 1 flashcards quizlet. Nature of international law development of international law. Nature of continental shelf rights under international law. By the two special agreements respectively concluded between the kingdom of denmark and the federal republic of germany, and between the federal republic and. This term is frequently used in legal proceedings such as a defense for a case. Customary international law judicial application of the custom with reference to paquete habana lutos and north sea continent shelf cases. An economic analysis of the use of the dutch north sea.
North sea continental shelf cases the fact that a state honours obligations because they are signatories to treaties does not indicate that they consider the rule part of customary international law. Jan 19, 2014 north sea continental shelf case cindy llanes. Ratification after signature is required to consequently make that party liable to obey the treaty. Outer continental shelf of the united states wikipedia.
The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between. To reach this goal, the first chapter will consider general background of the continental shelf concept. Latest developments north sea continental shelf federal. The principles that are derived from the north sea continental shelf cases 16 may be summarized up as follows. The tunisialibya continental shelf case perceived by the icj, was the existence and position of the kerkennah islands. Federal republic of germany netherlands international court of justice february 20, 1969 general list. Faculty publications 2014 accelerated formation of customary international law. The legal basis and the definition of the continental shelf. Sep, 2017 north sea continental shelf cases icj reports, 1969, p. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in the north sea. This shelf extends from the coastline of a continent to a drop off point called the shelf break.
Continental shelf is important in this case because it marks the area in question between the two states and what rights the states have within this sea zone. Moreover, in the present case, any such inference would immediately be nullified by the fact that, as soon as concrete delimitations of north sea continental shelf areas began to be carried out, the federal republic, as described earlier paragraphs 9 and 12, at once reserved its position with regard to those delimitations which effected on. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505. Continental shelf act 1964 no 28 as at january 2020. Overview of the case these cases concerned the delimitation of the continental shelf of the north sea as between denmark and the federal republic of germany, and as between the netherlands and the federal republic, and were submitted to the court by special agreement. Jurisdiction is important in this case because the court could only decide on a zone that was not considered part of the territory of another uninvolved state. Jan, 2020 this is a reprint of the continental shelf act 1964 that incorporates all the amendments to that act as at the date of the last amendment to it. The application of the sector principle to the case of the north. It is in respect of the delimitation of the continental shelf areas lying beyond and to. Malta, judgment, 3 june 1985, icj reports 1985, pp. North sea continental shelf cases federal republic of. Case notes australasian legal information institute. International tribunal for the law of the sea the outer continental shelf. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
Mar 06, 20 the first time a maritime dispute of such a nature was submitted to the international court of the justice was in the north sea continental shelf cases where it held that customary international law warrants the application of the rules of equity to delimitate the boundary of the continental shelf. All parties agreed the court was not to physically apportion claims, but. See generally isi foigel, the north sea continental shelf case 1969 39. The north sea and other parts of the norwegian continental shelf contain several different petroleum provinces which can illustrate some of the general principles of petroleum geology and geophysics. Opinio juris sive necessitatis an opinion of law or necessity or simply opinio juris an opinion of law is the belief that an action was carried out as a legal obligation.
North sea continental shelf nmea 08 pdf cases 1969 i. Alaska region, pacific region, gulf of mexico region, and the atlantic region. Proceedings joined with north sea continental shelf federal republic of germanydenmark on 26 april 1968. The exercise of equidistance method of delimitation is not obligatory between the parties. Give the name of this problem and then a case in which it was evidences. The shelf break is where the underwater edge of a continent shelf begins to rapidly slope downwards towards the ocean floor depths. The icj held that the right of the coastal state to its continental shelf areas is based on its. These areas comprise, broadly, the united kingdom sector of the continental shelf. The delimitation of maritime boundaries may create overlapping claims requiring maritime boundary delimitation. Rock but subsequently released on the instructions of the british board of.
Mark villiger, customary international law and treaties. Exploration and exploitation of the marine natural resources are centred on the continental shelf. Icj and states for the delimitation of maritime boundaries between. Republic of germany shall delimit the continental shelf in the north sea as between their. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual. Manifest intent and the generation by treaty of customary. They are divided into quadrants numbered from 1 to 211, and each. From the break, the shelf descends toward the deep ocean floor in what is called the continental slope. The north sea continental shelf case, nordic journal of. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. Relationship of multilateral treaties, custom, and international law international court of justice 1969 year 1969 2 0 february general list. North sea continental shelf case federal republic of germany denmark.
International court of justice icj published on by oxford university press. These cases concerned the delimitation of the continental shelf of the north sea as between denmark and the federal republic of germany, and as between the netherlands and the federal republic, and were submitted to. The law applicable on the continental shelf and the eez c. In his dissenting opinion in the north sea continental shelf cases judge tanaka described customary international law as both delicate and difficult. The latter expression is more specific, referring specifically to north sea continental shelfs insistence that state practice cannot be widespread and representative unless it includes the practice of speciallyaffected states. In this particular case the policy rules lay down, amongst others, criteria for granting a license and requirements for an. Although the description of customary international law as being both delicate and difficult pertained specifically to the case before the international court of justice the icj. Speciallyaffected states and the formation of custom. A continental shelf extends from the coastline of a continent to a dropoff point called the shelf break. Principles applicable in the delimitation of continental shelf 1. I shall argue in this essay that the world court used a method which might be called the rule of manifest intent in the north sea continental shelf cases, that this method differs from a more traditional approach. This paper reflects the icjs notable decision in not laying any applicable principle and rules of international law on the delimitation of the north sea continental shelf between the disputing coastal states. North sea continental shelf, germany v denmark, merits.
North sea continental shelf case s federal republic of germanydenmark. Sperry leads the industry with the widest array of mwdlwd technologies achieved through our focus on formation evaluation acquiring early, accurate, and reliable reservoir measurements during or after the drilling process. Federal republic of gerrnetherlands continental shelf areas in. The north american continental shelf presents a vastly different picture than the map of the same land area. Case western reserve university school of law scholarly commons. Cite as, international court of justice icj, analysis of north sea continental shelf cases federal republic of germany v.
Germany v denmark and the netherlands 1969 icj 1 also known as the north sea continental shelf cases were a series of disputes that came to the international court of justice in 1969. The north sea continental shelf cases papers in the ssrn. The dutch continental shelf of the north sea comprises 58,000km2 or about 10% of the total north sea area. Jaenicke, professor of international law in the university of frank furt am main, as agent, assisted by dr. In the case of the north sea, w e used the conductivity. In the north sea continental shelf cases, between the federal republic of germany, represented by dr. North sea continental shelf cases, icj reps, 1969, p. The parties sought a method by which the continental shelf could be fairly delimited. The role of continental shelves in nitrogen and carbon. Continents are the seven main divisions of land on earth. North sea continental shelf federal republic of germany denmark.
Before any seismic or borehole data were obtained in the north sea. Constance north sea continental shelf cases1 public international. The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf. Oda, professor of international law in the university of sendai, as counsel. Jennings skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. North sea regarding the delimitation of their continental shelf areas 21.
All parties agreed the court was not to physically apportion claims, but merely prescribe a method of. Denmark and the netherlands argued that north sea rights should extend equidistantly such that germany was squashed in the middle and didnt get much, as a matter of customary international law, set out in the 1958 geneva convention on the continental shelf. North sea continental shelf cases icj reports, 1969, p. What principles and rules of international law were applicable to the delimitation of the area of the continental shelf which appertained to malta and libya, and how such principles and rules could be applied in this case so that they equitably delimited the disputed area. The law applicable on the continental shelf and the eez 1.
Delimitation of the continental shelf between the united kingdom of. The conclusion drawn by the court from the foregoing analysis is that the. The companies were asked to provide their decommissioning activity forecasts on the norwegian continental shelf for the period 2015 to 2024. For a custom to become binding as international law, it must amount to a settled practice and must be rendered obligatory by a rule requiring it. Doc the northsea continental shelf cases revisited. Although i have voted, with reluctance, in favour of the judgment to the. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in. International court of justice, in particular in the north sea continental shelf cases. This term is frequently used in legal proceedings such as a. Oil and gas legal problems, 1968 2 international lawyer 191.