Pipeline agreements concluded prior to convention, e. But, as will be shown, the legal principles to draw on in order to answer the questions are similar. Oil and gas legal problems, 1968 2 international lawyer 191. Warmcore rings form in the slope water region between the continental shelf and the gulf stream, and propagate westwardsouthwestward before impinging on the shelf or reattaching to the gulf. Icj north sea continental shelf cases, separate opinion of judge. 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. An industry for the future norways petroleum activities. Case notes australasian legal information institute. That flaring of exploitable gas on the norwegian continental shelf must only be allowed in limited test periods. North sea continental shelf nmea 08 pdf cases 1969 i. Malta, judgment, 3 june 1985, icj reports 1985, pp.
International court of justice icj published on by oxford university press. Refworld analysis of north sea continental shelf cases. Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance is significantly greater. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. Speciallyaffected states and the formation of custom. Case concerning the continental shelf tunisia v libyan arab jamahiriya, 1982 icj reports 1982 18 case concerning the frontier dispute burkina fasorepublic of mali 1986 icj. 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. North sea continental shelf case federal republic of germany denmark.
The outer limit of a countrys continental shelf shall not stretchbeyond 350 nautical miles 650 km. North sea continental shelf cases federal republic of. Decision in north sea continental shelf cases continental shelf boundaries. Germany v denmark and the netherlands 1969 icj 1 were a series of disputes that came to. Bensonwood burr and burton academy mountain campus peru, vermont commercial. 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. The work of the international law commission during its sixtysixth session, 38 s.
Nature of continental shelf rights under international law. The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between the federal republic of germany and denmark on the one hand, and between the federal republic of germany and the netherlands. Kebiasaan internasional diakui sebagai salah satu sumber hukum internasional oleh pasal 381b piagam mahkamah internasional. May, 2014 continental shelf of malaysiacontinental shelf of malaysia continental shelf act, 1966 section 2.
Federal republic of germanyinetherlands continerrtal shelf nreas iri the horrli sea delitriitatiori crs betwecn aajacerit. View pols 348 from political 348 at arizona state university. Nov 11, 2009 this document contains the following information. Continental shelf boundaries parties insisted in icj cases of north sea. Ratification after signature is required to consequently make that party liable to obey the treaty. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual. The north sea continental shelf cases, and particularly judge jessups separate opinion, are illustrative of the judicial response to the issues of delimitation.
Latest developments north sea continental shelf federal. Along with general principles of law and treaties, custom is considered by the international court of justice, jurists, the united nations, and its member states to be among the primary sources of international law many governments accept in principle the existence of customary. Ideas of states having exclusive rights in continental shelf off their shore not necessarily compatible with equidistance principle. Treaty between the kingdom of the netherlands and the. Denmark and netherlands insisted the only proper method to use was the equidistance principle. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505. The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between the federal republic of germany and denmark on the one hand, and between the federal republic of germany and the netherlands on the other. A continental shelf is the edge of a continent that lies under the ocean. In the north sea continental shelf cases the court held that the passage of a. Exchange of notes amending the agreement between the uk and.
Facts germany, denmark, and netherlands wanted to delimitate the intl boundaries of the continental shelf connected to them. In the north sea continental shelf cases, the court deduced from the existing customary international law principles that continental shelf delimitation must be the object of agreement between the states concerned and that such agreement must be arrived at in accordance with equitable principles and the actual rules of law. Taking as their basis the judgment of the international court of justice of 20 february 1969 in the north sea continental shelf case between the. North sea continental shelf case 1969 pdf download. Delimitation of maritime boundaries between adjacent states. On 9 june 1965, the federal republic of germany and denmark. View test prep north sea continental shelf cases from law 200 at cambridge. Customary international law and the nicaragua case h c m. Reports 1969 submitted rudolph v premyslid, march 14, 2009. Continental shelf means the seabed and subsoil of the submarine areas adjacent to the coast of malaysia but beyond the limits of the territorial waters of the states, the surface of which lies at a depth no greater than 200 metres below. Mar 06, 20 one of the controversial areas of the international law of the seas is the delimitation of the maritime boundary of continental shelf between states with opposite or adjacent coasts. Kebiasaan internasional wikipedia bahasa indonesia.
International law case studies 1 flashcards quizlet. Case concerning the frost files the state of amestonia applicant v. Proceedings joined with north sea continental shelf federal republic of germanydenmark on 26 april 1968. 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. United nations a rare inside look at the work of a secretive u.
What links here related changes upload file special pages permanent link page. Exchange of notes amending the agreement between the uk and norway relating to the delimitation of the continental shelf between the two countries. The rights of the coastal states in respect of the area of continental shelf that constitutes a natural prolongation of its land territory and as an extension of it in an exercise of sovereign rightsfor the purpose of exploring the seabed and. 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. North sea continental shelf cases what equidistance principle where icj from posc 345 at university of southern california. Article 1 for the purpose of these articles, the term continental shelf is used as referring a to the seabed and. Federal republic of germanydenmark, federal republic of germanynetherlands. North sea continental shelf cases frg v denmark frg v netherlands, 1969 know facts.
Analysis of north sea continental shelf cases federal. North sea continental shelf cases summary public international. 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. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in. The knwatlas is a 4d wind atlas based on the erainterim reanalyses dataset which captures 35 years 197920 of meteorological measurements and generates every 6 hours 3d fields on a horizontal grid of 80 km. The international court of justice addressed the case concerning the delimitation of the continental shelf between greece and turkey on 19 december 1978. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. The 1958 geneva convention on the continental shelf established the equidistant principle, which became the accepted rule as regards the parties to the convention. Parties respective continental shelf areas in the north sea. North sea continental shelf cases the north sea continental shelf cases set out the dual requirement for forming customary international. North sea continental shelf cases, icj reps, 1969, p. Continental shelf research vol 1, issue 1, pages 1121.
That petroleum from the norwegian continental shelf must, as a main rule, be landedin norway, with the exception of special cases in which sociopolitical considerations warrant a different solution. Scharf case western reserve university school of law, michael. Oct 03, 2012 three contracts worth a total of nok 9. 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. Germany not bound under 1958 continental shelf convention. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands wished this prolongation to take place based on. A continental shelf extends from the coastline of a continent to a dropoff point called the shelf break. Delimitation of the continental shelf in the north sea, denmark, germany and netherlands couldnt agree amongst themselves as to where the boundaries should be for north sea continental shelf, referred to the icj court. Customary international law is an aspect of international law involving the principle of custom. 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. No existing rule of customary international law cil prior or subsequent to the 1958 treaty. Department of commerce national oceanic and atmospheric administration national marine fisheries service northeast region. Bibliography north sea continental shelf, judgment, i.
Case western reserve university school of law scholarly. Description of the 1999 oceanographic conditions on the northeast continental shelf by maureen h. Professor tunkin also refers to the formation of customary international law as the most difficult of all the problems of international law. How the war against isis changed international law. Reports 1969 netherlands and denmark had drawn partial boundary lines based on the equidistance principle ab and cd. Exploitation of the german continental shelf of 22 january 1964, reproduced in countermemorial submitted by the government of the kingdom of denmark icj pleadings vol i 157, 244. Icj north sea continental shelf cases, separate opinion of. In case of conflict between plans and specifications, the plans shall govern. If this case were used as precedent otherwise, it would merely direct the disputing states to look to customary international law and cooperative action. Apr, 20 the continental shelf of a coastal nation extends out to the outeredge of the continental margin but at least 200 nautical miles370 km. Relationship of multilateral treaties, custom, and international law international court of justice 1969 year 1969 2 0 february general list. This post discusses only aspects of the case related to treaty and customary international law.
Also available at international legal materials, march 1969 vol. Accelerated formation of customary international law michael p. The 1969 icj decision of the north sea continental shelf cases is very important, as it establishes fundamental principles of maritime boundary delimitation in international case law. 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. Some possible implications of the north sea case judgment volume 18 issue 4 r. Jul 02, 2016 north sea continental shelf cases, icj reps, 1969, p. That the boundaries between their respective areas of the continental shelf in the north sea and the area claimed by the federal republic of germany d, should be determined by the application of the principle of equidistance as set forth in article 6 of the geneva convention of 1958 on the continental shelf, which by january 1, 1969 had been ratified or acceded to by 39.
North sea continental shelf cases federal republic of germany v. North sea continental shelf germanydenmark, germanynetherlands, merits, 1969 i. 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. Memorial submitted by the government of the federal republic of germany countermemorial submitted by the government of the kingdom of denmark countermemorial submitted by the government of the kingdom of the netherlands. Description of the 1999 oceanographic conditions on the. In so far as this contention is based on the view that article 6 of the convention has had the influence, and has produced the effect, described, it clearly involves treating that article as a normcreating provision which has constituted the foundation of.
Tunkin, coexistence and international law, 1958 95 hr 9. Case western reserve journal of international law 48 2016 1. This term is frequently used in legal proceedings such as a defense for a case. Crossborder unitization and joint development agreements.
1487 241 1556 58 694 1176 149 489 1203 285 1158 130 1120 175 423 871 357 91 1178 1469 491 1252 454 180 1019 1171 645 1184 636 532 507 801 535 490 233 256 918 1135 781 405 807 101