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8 - The Provisional Equidistance Line

Charting a Course between Objectivity and Subjectivity?

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

The construction of the provisional equidistance line – the first stage of the three-stage maritime delimitation procedure espoused in the decisions of international courts and tribunals – is examined by contrasting the ideal of an objective, geometry-based provisional line with the actual practices of simultaneity and preemptive modification of baselines. Examples are presented from the case law of the International Court of Justice and other international courts and tribunals with respect to the selection of appropriate basepoints from which to construct the provisional line, a practice which introduces relevant circumstances and a significant level of subjectivity to the first-stage of the delimitation process. This practice has the potential to undermine the legitimacy of maritime boundary decisions.
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Chapter
Information
Maritime Boundary Delimitation: The Case Law
Is It Consistent and Predictable?
, pp. 200 - 221
Publisher: Cambridge University Press
Print publication year: 2018

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