The Gulf of Maine Case: The Nature of an Equitable Result

1985 ◽  
Vol 79 (3) ◽  
pp. 539-577 ◽  
Author(s):  
Jan Schneider
Keyword(s):  
United States ◽  
Gulf Of Maine ◽  
The United States ◽  
Georges Bank ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
Northern Edge ◽  
Conservation And Management

Pursuant to the recent four to one Judgment by a Chamber of the International Court of Justice in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area, Canada and the United States are to share Georges Bank. Canada has jurisdiction over approximately one-sixth of the Bank, including the resource-rich “Northeast Peak” and most of the “Northern Edge,” and the United States the remaining area. Since Georges Bank is one of the world’s most productive fishing grounds, and this was consequently a case about fish more than a traditional continental shelf delimitation, the Judgment means that these North American neighbors may have to work out cooperative arrangements for the conservation and management of the shared living resources of Georges Bank. The question naturally arises as to how this outcome was reached, and why it purports to fulfill the fundamental norm of the law of delimitation of maritime boundaries—namely, to achieve an “equitable result.”

Some Perspectives on Adjudicating Before the World Court: The Gulf of Maine Case

1985 ◽  
Vol 79 (3) ◽  
pp. 578-597 ◽  
Author(s):  
Davis R. Robinson ◽  
David A. Colson ◽  
Bruce C. Rashkow
Keyword(s):  
United States ◽  
East Coast ◽  
Gulf Of Maine ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Continental Shelves ◽  
International Court ◽  
Maritime Boundary ◽  
The World

On October 12, 1984, a five-member Chamber of the International Court of Justice rendered its decision in the maritime boundary dispute between the United States and Canada in the Gulf of Maine area. The Chamber delimited the continental shelves and 200-nautical-mile fisheries zones by setting one line between the two countries off the East Coast of North America. The Chamber’s Judgment, which under Article 27 of the Statute of the Court is considered as if it were rendered by the full 15-member Court, is likely to attract considerable comment. We will resist the temptation to add our views to that substantive commentary, leaving analysis for the time being to others not so closely associated with the case.

Equitable Solutions to the Maritime Boundary Dispute Between the United States and Canada in the Gulf of Maine

1981 ◽  
Vol 75 (3) ◽  
pp. 590-628 ◽  
Author(s):  
Sang-Myon Rhee
Keyword(s):  
United States ◽  
Ad Hoc ◽  
Gulf Of Maine ◽  
The United States ◽  
Third Party ◽  
United States Government ◽  
International Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
Legal Position

The United States and Canada agreed, by the Boundary Settlement Treaty of March 29, 1979, to submit their decade-long dispute over the maritime boundary in the Gulf of Maine area to a Chamber of the International Court of Justice (ICJ) or to an ad hoc court of arbitration. The treaty, however, has not yet taken effect because the interrelated Fisheries Agreement, which was concluded on the same day and was to take effect simultaneously, was Unilaterally scrapped by the United States Government on March 6, 1981, on grounds of its allegedly unfair and inflexible provisions. On April 29, the United States Senate unanimously adopted a resolution supporting the Government's position to delink the two treaties and to settle the maritime boundary problem first by a third-party procedure. Whether or not a new fisheries agreement is concluded in the near future, it is expected that the maritime boundary dispute will ultimately be resolved by binding third-party settlement. The purpose of this article is to examine the legal position taken by each Government regarding the maritime boundary issues, and to suggest equitable principles that should govern their resolution.

Adjudication of the Maritime Boundary in the Gulf of Maine

1980 ◽  
Vol 17 ◽  
pp. 292-303 ◽  
Author(s):  
D.M. McRae
Keyword(s):  
North Atlantic ◽  
Ad Hoc ◽  
Gulf Of Maine ◽  
Atlantic Coast ◽  
The United States ◽  
Third Party ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary

On March 29, 1979 Canada and the United States signed a treaty to submit their dispute over the maritime boundary in the Gulf of Maine to binding settlement. The event is worthy of note not only because it is the first occasion since the North Atlantic Coast Fisheries Arbitration, in 1910, that the two countries have submitted a dispute over their offshore jurisdiction to third party settlement but also because it constitutes the first reference by any state of a question to a chamber of the International Court of Justice. However, this reference to the Court is only conditional and the parties have provided for the possible removal of the case from the Court and for its submission to an ad hoc court of arbitration. Thus, as well as providing a further opportunity for an international tribunal to consider the law relating to the delimitation of maritime boundaries, the treaty raises some interesting questions about recourse to a chamber of the International Court of Justice.

The United States Accepts Compulsory Jurisdiction

1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
United States Senate ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
One Year ◽  
United Nations Charter

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.

Some Observations on the ICJ’s Procedural and Substantive Innovations

1987 ◽  
Vol 81 (1) ◽  
pp. 116-121 ◽  
Author(s):  
Thomas M. Franck
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future

The decision of the International Court of Justice in the case between Nicaragua and the United States brims with important procedural and substantive implications for the future of law and adjudication in disputes between states.

Judge Stephen Schwebel: International Jurist Extraordinaire

2011 ◽  
Vol 11 (1) ◽  
pp. 55-64 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Distinguished Career ◽  
International Court ◽  
Law Library

AbstractThis is a further contribution to the Squire Law Library Eminent Scholars Archive by Lesley Dingle. It is based on interviews with Stephen Schwebel about his distinguished career as an international jurist in the United States and at the International Court of Justice.

Sign in / Sign up

Export Citation Format

Share Document