Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-07T06:30:20.872Z Has data issue: false hasContentIssue false

8 - The Provisional Equidistance Line

Charting a Course between Objectivity and Subjectivity?

Published online by Cambridge University Press:  23 February 2018

Alex G. Oude Elferink
Affiliation:
Universiteit Utrecht, The Netherlands
Tore Henriksen
Affiliation:
Universitetet i Tromsø, Norway
Signe Veierud Busch
Affiliation:
Universitetet i Tromsø, Norway
Get access

Summary

The construction of the provisional equidistance line – the first stage of the three-stage maritime delimitation procedure espoused in the decisions of international courts and tribunals – is examined by contrasting the ideal of an objective, geometry-based provisional line with the actual practices of simultaneity and preemptive modification of baselines. Examples are presented from the case law of the International Court of Justice and other international courts and tribunals with respect to the selection of appropriate basepoints from which to construct the provisional line, a practice which introduces relevant circumstances and a significant level of subjectivity to the first-stage of the delimitation process. This practice has the potential to undermine the legitimacy of maritime boundary decisions.
Type
Chapter
Information
Maritime Boundary Delimitation: The Case Law
Is It Consistent and Predictable?
, pp. 200 - 221
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×