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13 - The Delimitation of the Continental Shelf beyond 200 nm

Substantive Issues

Published online by Cambridge University Press:  23 February 2018

Alex G. Oude Elferink
Affiliation:
Universiteit Utrecht, The Netherlands
Tore Henriksen
Affiliation:
Universitetet i Tromsø, Norway
Signe Veierud Busch
Affiliation:
Universitetet i Tromsø, Norway
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Summary

Thus far the international judiciary has only rendered two cases in which it has delimited a continental shelf boundary beyond 200 nm and considered the issue of ‘grey zones’. This chapter critically examines the approach to delimitation taken by the International Tribunal for the Law of the Sea (ITLOS) in Dispute concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar) and the arbitral tribunal in Dispute concerning the Maritime Boundary between Bangladesh and India (Bangladesh/India). It is argued that while the decisions have contributed to greater certainty in some respects, several substantive legal uncertainties remain. The judiciary has not sufficiently explained why the same delimitation methodology should be applied beyond and within 200 nm. It is demonstrated that the case law has not provided answers to all substantive issues relating to relevant circumstances, such as the possible relevance of geology and geomorphology in the adjustment of the provisional equidistance line. The precedential value of the Bay of Bengal cases might also be more limited than would otherwise be the case, given the identity with respect to the area of delimitation, the Parties involved and nature of the proceedings.
Type
Chapter
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Maritime Boundary Delimitation: The Case Law
Is It Consistent and Predictable?
, pp. 351 - 375
Publisher: Cambridge University Press
Print publication year: 2018

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