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The United Kingdom–France Continental Shelf Arbitration

Published online by Cambridge University Press:  27 February 2017

David A. Colson
David A. Colson*
Affiliation:
Office of the Assistant Legal Adviser for Oceans, International Environment, and Scientific Affairs Department of State
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Type
Notes and Comments
Information
American Journal of International Law , Volume 72 , Issue 1 , January 1978 , pp. 95 - 112
Copyright
Copyright © American Society of International Law 1978

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References

1 [1969] ICJ Rep. 3; digested and excerpted in 63 AJIL 591 (1969).

2 Decision of 30 June 1977 by the Court of Arbitration established by the United Kingdom of Great Britain and Northern Ireland and the French Republic on Delimitations of the Continental Shelf. (At the time this note was written, the decision was not yet available in the public domain.) The Court of Arbitration consisted of Erik Castrén, President; Herbert Briggs, André Gros, Endre Ustor, and Sir Humphrey Waldock. The Registrar was Lucius Caflisch, and the Court sat in the Palais Eynard, Geneva.

3 Convention on the Continental Shelf, done April 29, 1958, 15 UST 471, TIAS No. 5578, 499 UNTS 311, 52 AJIL 858 (1958). Article 6 provides:

1. Where the same continental shelf is adjacent to the territories of two or more States whose coasts are opposite each other, the boundary of the continental shelf appertaining to such States shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary is the median line, every point of which is equidistant from the baselines from which the breadth of the territorial sea of each State is measured.

2. Where the same continental shelf is adjacent to the territories of two adjacent States, the boundary of the continental shelf shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary shall be determined by application of the principle of equidistance from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured.

3. In delimiting the boundaries of the continental shelf, any lines which are drawn in accordance with the principles set out in paragraphs 1 and 2 of this article should be defined with reference to charts and geographical features as they exist at a particular date, and reference should be made to fixed permanent identifiable points on the land.

4 Supra note 2. The Arbitration Agreement in its entirety is set forth at the beginning of the Court of Arbitration’s decision.

5 Id. Article 2 of the Arbitration Agreement provides:

1. The Court is requested to decide, in accordance with the rules of international law applicable in the matter as between the Parties, the following question: What is the course of the boundary (or boundaries) between the portions of the continental shelf appertaining to the United Kingdom and the Channel Islands and to the French Republic, respectively, westward of 30 minutes west of the Greenwich Meridian as far as the 1,000 metre isobath?

2. The choice of the 1,000 metre isobath is without prejudice to the position of either Government concerning the outer limit of the continental shelf.

Article 9 (1) provides:

1. When the proceedings before the Court have been completed, it shall transmit to the two Governments its decision on the question specified in Article 2 of the present Agreement. The decision shall include the drawing of the course of the boundary (or boundaries) on a chart. To this end, the Court shall be entitled to appoint a technical expert or. experts to assist it in preparing the chart.

6 Supra note 2. The Submissions of the Parties are set forth at the beginning of the Court of Arbitration’s decision.

7 See Multilateral Treaties in Respect of which the Secretary-General Performs Depositary Functions. List of Signatures, Ratifications, Accessions, Etc as of 31 December 1976, UN Doc. ST/Leg/Ser.D/10, at 518 (1977).

8 Id.at 520.

9 Supra note 2. U.K. Submissions, paras. 3(b) and 3(c).

10 Id.para. 5(b).

11 Supra note 3. Art. 1.

12 Id.Article 12 provides: 1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1 to 3 inclusive. 2. Any Contracting State making a reservation in accordance with the preceding paragraph may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations.

13 See The Informal Composite Negotiating Text resulting from the Sixth Session of the Third United Nations Conference on the Law of the Sea, New York, 23 May to 15 July 1977; UN Doc. A/CONF.62/WP.10 (1977), 16 ILM 1108 (1977).

14 Supra note 7. The French reservation to Article 6, paras. 1 and 2, declares:

In the absence of a specific agreement, the Government of the French Republic will not accept that any boundary of the continental shelf determined by ap plication of the principle of equidistance shall be invoked against it:

—if such boundary is calculated from baselines established after 29 April 1958;

—if it extends beyond the 200-metre isobath;

—if it lies in areas where, in the Government’s opinion, there are “special circumstances” within the meaning of article 6, paragraphs 1 and 2, that is to say: the Bay of Biscay, the Bay of Granville, and the sea areas of the Straits of Dover and of the North Sea off the French coast.

The British objection was as follows:

The Government of the United Kingdom are unable to accept the reservations made by the Government of the French Republic.

15 63 AJIL 875 (1969), 8 ILM 679 (1969).

16 Supra note 2, at para. 65.

17 Supra note 13. See Arts. 74 and 83.

18 Supra note 2, at para.96.

19 Id.at para. 68.

20 Id.at para. 75.

21 Id.at para. 70

22 Id.at para. 95

23 Id.at para. 77.

24 Id.at para. 97.

25 Eddystone Rock actually is several rocks which lie some eight nautical miles south of Rams Head on the English coast. A 51.2 meter granite light tower is on the rocks. The issue in this case centered around whether the natural rock on which the light house is built constitutes a legal island or low-tide elevation.

26 Convention on the Territorial Sea and the Contiguous Zone, done April 29, 1958, 15 UST 1606, TIAS No. 5639, 516 UNTS 205, 52 AJIL 851 (1958). Arts. 4 and 11.

27 Id.Art. 10.

28 The Channel Islands have a land territory of approximately 195 sq. kilometers and a population of about 130,000. They are divided for governmental purposes into two Bailiwicks, each having its own legislature, fiscal and legal system, courts of law, and local administration. Responsibility for foreign affairs and external defense rests with the United Kingdom. The various islands range from about 6 to 16 nautical miles from the French coast, while the nearest of the Channel Islands is 49 nautical miles from the coast of England.

29 Supra note 2, at para. 195.

30 Id. at para. 183.

31 Id. at para. 196. The Court noted that, if it were operating under Article 6, the “presence of the Channel Islands close to the French coast” would be a special circumstance (at para. 196).

32 Id.at para. 201.

33 The Scilly Islands consist of 48 islands, six of which are inhabited with a total population of about 2,500. At their nearest point they lie some 21 nautical miles from Land’s End, while their farthest point is some 31 nautical miles distant. Ushant is inhabited with a population of about 2,500. Its most westerly point is 14.1 nautical miles from the French mainland.

34 Supra note 2, at para. 238.

35 Id.at para. 239.

36 Id.at para. 246.