The Role of the International Court of Justice in Maritime Boundary Delimitation

2004 ◽  
pp. 125-141
2017 ◽  
Vol 32 (1) ◽  
pp. 36-53 ◽  
Author(s):  
Fayokemi Olorundami

With the International Court of Justice (icj) moving away from the application of equitable principles in favour of its three-stage delimitation methodology, maritime boundary delimitations are now described as objective and predictable. This article assesses the accuracy of this description by examining the decisions of the Court and Tribunals in some recent delimitation cases. It is argued that the delimitation of maritime boundaries cannot still be regarded as objective and predictable as exemplified in the decisions discussed. Each of the three stages in the three-stage methodology, namely the drawing of a provisional equidistance line, the adjustment or shifting of that line based on the presence of relevant circumstances and the (dis)proportionality test will be analysed in order to support this position. This article identifies a fixation with following the three-stage methodology (even when inappropriate) as, ironically, the driver for subjectivity and unpredictability in maritime boundary delimitation decisions.


1994 ◽  
Vol 88 (2) ◽  
pp. 227-256 ◽  
Author(s):  
Jonathan I. Charney

Judgments of the International Court of Justice (ICJ) and awards of ad hoc arbitration tribunals carry special weight in international maritime boundary law. On its face, the international maritime boundary law codified in the 1982 Convention on the Law of the Sea is indeterminate. For the continental shelf and the exclusive economic zone, the legal obligation of coastal states is to delimit the boundary “by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.” The article on the delimitation of maritime boundaries in the territorial sea is no more determinative despite the fact that it makes direct references to the equidistant line, special circumstances and historic title. In spite of this indeterminacy, if not because of it, coastal states have found that third-party dispute settlement procedures can effectively resolve maritime boundary delimitation disputes. As a consequence, there are more judgments and awards on maritime boundary disputes than on any other subject of international law, and this trend is continuing.


2013 ◽  
Vol 28 (4) ◽  
pp. 563-614 ◽  
Author(s):  
Robin Churchill

Abstract This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2012 were the delivery of judgments by the International Tribunal for the Law of the Sea (ITLOS) in the Bangladesh/Myanmar case and by the International Court of Justice (ICJ) in the Nicaragua/Colombia case, both concerned with maritime boundary delimitation; and the institution of Annex VII arbitration by Argentina against Ghana relating to the arrest of a State-owned vessel and the subsequent order of provisional measures by the ITLOS. These and other developments are reviewed in detail below.


2021 ◽  
Vol 20 (1) ◽  
pp. 30-53
Author(s):  
Yusra Suedi

Abstract The International Court of Justice routinely resolves territorial and maritime boundary disputes between States. Such disputes often carry repercussions for the lives and livelihoods of local populations living on the territories of the State litigants. This analysis seeks to examine the extent to which State litigants’ concerns for the impact of maritime disputes or territorial disputes on their local populations are factored into the Court’s decision-making process. It also seeks to identify reasons for the Court’s approach in such disputes, and to explore the potential role of the principle of equity in such contexts.


1985 ◽  
Vol 20 (2-3) ◽  
pp. 182-205 ◽  
Author(s):  
Shabtai Rosenne

En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Justice and of the International Court of Justice from 1922—the World Court, a convenient but possibly misleading expression which embraces both the Permanent Court from 1922 to 1945 and the present International Court of Justice established as an integral part of the United Nations since—four clearly separated periods can be discerned. They run from 1922 to 1931, 1932 to 1940, 1946 to 1966, and from 1967 onwards.The establishment of the League of Nations and the Permanent Court after a cataclysmic war in Europe and the awe-inspiring Russian Revolution released a wave of euphoria upon the exhausted and war-weary peoples of what is now known as Western Europe, and they placed great hopes in the new League and Court.


Sign in / Sign up

Export Citation Format

Share Document