Marston, geoffrey north sea continental shelf cases 1969. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505. This term is frequently used in legal proceedings such as a defense for a case. By the two special agreements respectively concluded between the kingdom of denmark. The united nations convention on the law of the sea unclos iii cases referred 1. The north sea continental shelf cases 1969 provide one of the few instances where the icj has provided a detailed analysis and overview of the existence and. North sea continental shelf cases summary public international. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands wished this prolongation to take place based on.
For example, because it is a fundamental legal principle that each. Opinio juris sive necessitatis an opinion of law or necessity or simply opinio juris an opinion of law is the belief that an action was carried out as a legal obligation. Customary international law judicial application of the custom with reference to paquete habana lutos and north sea continent shelf cases. North sea continental shelf cases federal republic of. A continental shelf is the edge of a continent that lies under the ocean. The nuclear tests cases, icj reports 1974, paras 4351 harris, pp. Oil and gas legal problems, 1968 2 international lawyer 191. A practitioners guide to maritime boundary delimitation. This post discusses only aspects of the case related to treaty and customary international law. Reports 1969 netherlands and denmark had drawn partial boundary lines based on the equidistance principle ab and cd. The north sea continental shelf cases sage journals. Icj north sea continental shelf cases, separate opinion of judge.
The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between the federal republic of germany and denmark on the one hand, and between the federal republic of germany and the netherlands. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in the north sea. North sea continental shelf cases, icj reports 1969, paras 7078 and 81 harris, pp. The north sea continental shelf cases international relations. Essay on north sea continental shelf case 1506 words. Icj north sea continental shelf cases, separate opinion of. The work of the international law commission during its sixtysixth session, 38 s. A summary and case brief of north sea continental shelf cases federal republic of germany v. North sea continental shelf federal republic of germanynetherlands type of case. Commission on the limits of the continental shelf, amounts to 2. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual. North sea continental shelf case federal republic of germany denmark. That the boundaries between their respective areas of the continental shelf in the north sea and the area claimed by the federal republic of germany d, should be determined by the application of the principle of equidistance as set forth in article 6 of the geneva convention of 1958 on the continental shelf, which by january 1, 1969 had been ratified or acceded to by 39 states but to.
A continental shelf extends from the coastline of a continent to a dropoff point called the shelf break. North sea continental shelf nmea 08 pdf cases 1969 i. Proceedings joined with north sea continental shelf federal republic of germanynetherlands on 26 april 1968 overview of the case these cases concerned the delimitation of the continental shelf of the north sea as between denmark and the federal republic of germany, and as between the netherlands and the federal republic, and were submitted. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. It would in the first place be necessary that the provisions concerned should, at all events potentially, be of a fundamentally normcreating character such as could be regarded as forming the basis of a general rule of law. Federal republic of germanydenmark, federal republic of germanynetherlands. Jan 19, 2014 north sea continental shelf case cindy llanes. Pil lecture 2 sources of international law flashcards. Federal republic of germanyinetherlands continerrtal shelf nreas iri the horrli sea delitriitatiori crs betwecn aajacerit. Some possible implications of the north sea case judgment volume 18 issue 4 r. Germany v denmark and the netherlands 1969 icj 1 also known as the north sea continental shelf cases were a series of disputes that came to the international court of justice in 1969. The exercise of equidistance method of delimitation is not obligatory between the parties. On 9 june 1965, the federal republic of germany and denmark.
If this case were used as precedent otherwise, it would merely direct the disputing states to look to customary international law and cooperative action. Bibliography north sea continental shelf, judgment, i. For a custom to become binding as international law, it must amount to a settled practice and must be rendered obligatory by a rule requiring it. Germany v denmark and the netherlands 1969 icj 1 were a series of disputes that came to the international court of justice in 1969. North sea continental shelf cases, icj reps, 1969, p. Federal republic of germanyinetherlands continerrtal shelf nreas iri the horrli seadelitriitatiori crs betwecn aajacerit. Case notes australasian legal information institute. Overview of the case these cases concerned the delimitation of the continental shelf of the north sea as between denmark and the federal republic of germany, and as between the netherlands and the federal republic, and were submitted to the court by special agreement. The united kingdom and france disputed the continental shelf boundary between them in the central and western areas of the.
The north sea continental shelf cases 1969 provide one of the few instances where the icj has provided a detailed analysis and overview of the existence and requirements of customary international law. Analysis of north sea continental shelf cases federal. Nicaragua case, icj reports 1986, paras 175190 harris, pp. Latest developments north sea continental shelf federal. Relationship of multilateral treaties, custom, and international law international court of justice 1969 year 1969 2 0 february general list. Nature of continental shelf rights under international law. Judgments north sea continental shelf federal republic of germanydenmark. The north sea continental shelf case published on 01 jan 1969 by brill nijhoff. Anglofrench continental shelf case oxford reference. Judgments north sea continental shelf federal republic. Mediander connects north sea continental shelf cases to 120 1969 at 4451,paraj.
North sea continental shelf, germany v denmark, merits. North sea continental shelf cases icj reports, 1969, p. The court described the process by which a treaty rule may become a rule of customary law. The book dissects each of the leading international judgments and awards since the north sea continental shelf cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. Moreover, in the present case, any such inference would immediately be nullified by the fact that, as soon as concrete delimitations of north sea continental shelf areas began to be carried out, the federal republic, as described earlier paragraphs 9 and 12, at once reserved its position with regard to those delimitations which effected on. See, north sea continental shelf case, icontinental shelf, 4the best recommendations for example of. Sep, 2017 north sea continental shelf cases icj reports, 1969, p. Jennings skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. On 20 february 1969 the international court of justice delivered its judgment in the north sea continental shelf cases.
Statement on principles applicable to the formation of general customary. International court of justice icj published on by oxford university press. North sea continental shelf federal republic of germany. Constance north sea continental shelf cases1 public international lawdelimitation of continental shelf between adjacent states whether. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in. By the two special agreements respectively concluded between the kingdom of denmark and the federal republic of germany, and between the federal republic and. Judgments north sea continental shelf federal republic of germanydenmark links site search document search contact the court.
Principles applicable in the delimitation of continental shelf 1. The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between the federal republic of germany and denmark on the one hand, and between the federal republic of germany and the. North sea continental shelf cases federal republic of germany v. A very widespread and representative participation provided it includes that of states whose interest were specially affected north sea continental shelf case, 1969 positive action of all states are not required only those affected those able to contribute to it. In north sea continental shelf the icj explained that there are actually two types of customary international law. The principles that are derived from the north sea continental shelf cases 16 may be summarized up as follows. Although the passage of only a short period of time is not necessarily, or of itself, a bar to the formation of a new rule of customary international law on the basis of what was originally a purely conventional rule, an indispensable requirement would be that. Refworld analysis of north sea continental shelf cases.
Decision in north sea continental shelf cases continental shelf boundaries. Ratification after signature is required to consequently make that party liable to obey the treaty. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. Delimitation of maritime boundaries between adjacent states.
Judgments north sea continental shelf federal republic of. Jul 02, 2016 north sea continental shelf cases, icj reps, 1969, p. On 1 december 1964, the federal republic of germany and the netherlands concluded an agreement for the partial delimitation of the boundary near the coast. The north sea continental shelf cases papers in the ssrn. North sea continental shelf federal republic of germany denmark. To reach this goal, the first chapter will consider general background of the continental shelf concept. North sea continental shelf federal republic of germanydenmark cases previous next.
Speciallyaffected states and the formation of custom. The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf between the federal republic of germany and denmark on the one hand, and between the federal republic of germany and the netherlands on the other. About half of this acreage has bedrock in which petroleum may be found, and half of that has been opened for petroleum exploration. Apr 24, 2017 the north sea continental shelf cases. Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance is significantly greater. In the north sea continental shelf cases, the court deduced from the existing customary international law principles that continental shelf delimitation must be the object of agreement between the states concerned and that such agreement must be arrived at in accordance with equitable principles and the actual rules of law. Exploitation of the german continental shelf of 22 january 1964, reproduced in countermemorial submitted by the government of the kingdom of denmark icj pleadings vol i 157, 244. An agreement on further prolongation of the boundary proved difficult because denmark and netherlands. Federal republic of germany netherlands international court of justice february 20, 1969 general list.
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