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THE RISE OF THE SUN: LEGAL ARGUMENTS IN OUTER CONTINENTAL MARGIN DELIMITATIONS

Published online by Cambridge University Press:  26 September 2006

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Abstract

This article is a prospective analysis of whether the established principles for delimitation of the continental shelf within 200 NM will apply for delimitation of outer continental margins. On the basis of the established normative jurisprudence of delimitations within 200 NM it can namely not be ruled out that the established equitable criteria and methods for delimitation, for finding an equitable solution, were solely set to prevail in delimitations within 200 NM.

Title commands delimitation and the title for the zone beyond 200 NM differ from the title within 200 NM. Wherein the distance criterion is the title for the zone within 200 NM, geological and geomorphologic criteria are the basis of the title for the legal continental shelf that extends 200 NM. Accordingly, the established normative principles in delimitation of continental shelves beyond 200 NM are susceptible to differ from the established prevailing principles within 200 NM and may have an important impact on delimitations in the continental outer margins.

In conclusion it is held that the established equitable criteria and methods in order to find an equitable solution in delimitations within 200 NM are likely not to apply mutatis mutandis for delimitations beyond 200 NM

Type
Articles
Copyright
T.M.C. Asser Press 2006

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