Case Concerning the Continental Shelf (Libyan Arab Jamahiriya/Malta)

Abstract

Sea — Maritime boundaries — Delimitation — Continental shelf — Customary international law principles regarding delimitation — Use of equitable principles in order to achieve an equitable solution — Opposite States — Relevant equitable considerations — Importance of natural prolongation — Relevance of rift zone between States — Proportionality between length of coastline and share of continental shelf — Islands — Island State with restricted coastline — Economic circumstances of States — Equidistance methods of delimitation — Whether relevant in contemporary law — Overlap between claims advanced by Parties and claims of third party State

Sea — Continental shelf — Juridical nature of continental shelf — Whether rights of State to continental shelf dependent upon considerations of natural prolongation — Distance principle — Whether State entitled to continental shelf extending to distance of 200 miles from baselines irrespective of natural prolongation — Effects on delimitation — Relationship between continental shelf and exclusive economic zone

Sea — Islands — Island State — Continental shelf — Whether island State to be treated differently from other States in respect of entitlement to continental shelf — Island State with small coastline — Offshore islands — Uninhabited islet — Whether to be taken into account in delimitation of continental shelf boundary

International Court of Justice — Jurisdiction — Special agreement — Continental shelf boundary dispute between two States referred to Court by special agreement — Claims advanced by Parties overlapping with claims made by third State — Whether Court possessing jurisdiction to determine principles or rules governing rights of third State — Whether Court required to confine itself to the delimitation of the continental shelf between the Parties in area where no third party claims

Sources of international law — Customary international law — Relationship between customary international law and treaty — Convention adopted by large majority of States but not yet in force — Effect upon customary international law — Law of the Sea Convention, 1982 — Provisions regarding continental shelf delimitation — Concept of the exclusive economic zone