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9 - Relevant Circumstances

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
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Summary

Whilst the relationship between equidistance and equitable principles within the maritime delimitation process is much discussed, the nature and role of relevant circumstances receives little attention. They are a broad range of factors, which contribute to the identification of the appropriate method of delimitation to be applied and/or influencing the manner in which the appropriate method is applied in practice. These are not mutually exclusive alternatives and attempts in recent case-law to restrict the role of relevant circumstances to the ‘second’ stage of the delimitation process are misplaced. Whilst it is neither possible nor desirable to construct a definitive list, the potential relevance of factors related to coastal geography is well attested. The role of natural prolongation remains disputed but is best understood as reflecting the idea of ‘cut-off’, and thus also linked to the question of coastal geography, reflecting the idea that ‘the land dominates the sea’. Factors related in activities and interests within the area to be delimited – related to resources, security and conduct – tend not to be acknowledged but have a powerful influence and so, in their own way, ought to be seen as such.
Type
Chapter
Information
Maritime Boundary Delimitation: The Case Law
Is It Consistent and Predictable?
, pp. 222 - 261
Publisher: Cambridge University Press
Print publication year: 2018

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