Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/United States of America)

Abstract

International law in general — Sources — Treaty rules and rules of customary international law — Fundamental norm of equitable principles — Geneva Convention on the Continental Shelf, 1958 — Combined equidistance — special circumstances rule — Whether a rule of customary international law

State territory — Parts of — Territorial waters — Breadth and delimitation of the maritime belt — Baselines — Islands — Single maritime boundary — Continental shelf and fisheries — Delimitation — Exclusive economic zone — Existence of a natural boundary — Special circumstances — Length of respective coastlines and presence of islands

State territory — Parts of — Territorial waters — Coasting trade and fisheries — Single maritime boundary — Delimitation — Socio-economic factors — Fishing patterns — Whether relevant

State territory — Parts of — Continental shelf — Single maritime boundary — Delimitation of continental shelf and fisheries — Opposite and adjacent coastlines — Unity and continuity of continental shelf — Geneva Convention on the Continental Shelf, 1958 — Equidistance — special circumstances rule — Whether part of customary international law — Whether criteria of delimitation to apply both to continental shelf and fisheries — Importance of geography — Practical method of delimitation — Equity of result

State territory — Parts of — Islands — Single maritime boundary — Delimitation Special circumstances — Presence of islands — Effect to be given thereto

Treaties — Interpretation of — Miscellaneous — Geneva Convention on the Continental Shelf, 1958 — Equidistance-special circumstances rule — Whether part of customary international law — Whether applicable in drawing single maritime boundary

Disputes — International Court of Justice — Organization of the Court — Request by parties to form special Chamber — Canada-United States Special Agreement and Treaty to submit dispute to binding settlement — Whether compatible with Statute and Rules of the Court — Replies by parties to questions by Acting President of the Court — Whether to be read together with Special Agreement — Constitution of the Chamber

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Chamber of the Court — Special Agreement between parties — Single maritime boundary — Delimitation between predefined point and predefined area

Disputes — International Court of Justice — Contentious jurisdiction — The law applicable — Special Agreement and Treaty between parties — Single maritime boundary — Delimitation — Treaty rules and rules of customary international law — Fundamental norm of equitable principles

State territory — Parts of — Boundaries — Water boundaries — Single maritime boundary for continental shelf and fisheries — Delimitation between predefined point and predefined area — Primary and secondary coasts — Geomorphological and geological factors — Whether a natural boundary exists — Unity and continuity of continental shelf and superjacent water column — Conduct of the parties — Socio-economic factors — Fishing patterns — Rules and principles of international law — Treaty rules and rules of customary international law — Geneva Convention on the Continental Shelf, 1958 — Fundamental norm of equitable principles — Equitable criteria — Importance of geography — Whether same criteria apply to continental shelf and fisheries — Practical method of delimitation — Combined equidistance-special circumstances rule — Article 6, Geneva Convention on the Continental Shelf, 1958 — Whether mandatory — Whether a rule of customary international law — Need to delimit both continental shelf and fisheries — Whether any method of delimitation preferable — Combination of different methods with reference to different segments of delimitation line — Geographical situation of coasts — Adjacent coasts — Lateral equidistance line — Opposite coasts — Median line — Relevance of special circumstances — Length of respective coastlines and presence of islands — Relevance of practice — Estoppel and acquiescence — Construction of single delimitation line in three segments — Equity of result — Exceptional conditions justifying correction of delimitation line

Disputes — International Court of Justice — Organization of the Court — Request by parties to form Special Chamber — Canada–United States Special Agreement and Treaty to submit dispute to binding settlement — Whether compatible with Statute and Rules of Court — Replies of parties to questions by Acting President of the Court — Whether to be read together with Special Agreement — Constitution of the Chamber — Contentious jurisdiction — Competence — The law applicable — Judgment