9 - Towards a Common Approach to Maritime Delimitation within and beyond 200 NM

Summary

This chapter explores a broader question with respect to the delimitation methodology for the continental shelf beyond 200 nautical miles, namely, whether an equitable solution for the continental shelf differs from that for an exclusive economic zone. Examining resources-related circumstances, conduct of the parties, and special characteristics of the maritime zones, this chapter argues that a court or tribunal hardly resorts to regime-specific circumstances in maritime delimitation, because maritime delimitation is a spatial exercise that spells out the relationship between the relevant coasts and the maritime areas. It thus concludes, on the basis of the State practice and the jurisprudence that witnesses a trend towards a single exercise of maritime delimitation, the law of maritime delimitation will develop to embrace a common approach to maritime delimitation within and beyond 200 nm.