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Delimitation of the Continental Shelf (United Kingdom of Great Britain and Northern Ireland and the French Republic)

Court of Arbitration constituted under an Agreement of 10 July 1975.  10 July 1975 ; 30 June 1977 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Sources — Customary international law — Equity and equitable principles — Ex aequo et bono distinguished — Equity within the law — Delimitation of the continental shelf — Relevant factors

State territory — Parts of — Boundaries — Water boundaries — Boundary of continental shelf — Delimitation between opposite States — Equitable principles — Equidistance — Islands — Variable weight of — Geneva Convention on the Continental Shelf 1958, Article 6

State territory — Parts of — Territorial waters — Delimitation — Baselines — Whether rocks covered only at high water equinoctial springs are islands or low — tide elevations — Practice of the parties — Eddystone Rock

Treaties — Operation of — Reservations — Refusal by one party to accept reservations of another — Whether affecting treaty as a whole or only provisions to which reservation relates — Effect of express treaty provision covering reservations — Intention of State making the reservation — Interpretation of reservations — Distinction between a reservation and an interpretation — Geneva Convention on the Continental Shelf 1958, Articles 6 and 12

Arbitration — Procedure — Competence to determine jurisdiction — Delimitation of continental shelf — Whether extending to areas within territorial sea of parties

State territory — Parts of — Continental shelf — Extent of Boundaries — Delimitation — Opposite and adjacent States — Equitable principles — Relation to concepts of equidistance and of median line — Special circumstances — Geographical and geological considerations — Proportionality — Proximity — Natural prolongation — Islands — Whether generating their own shelves — The Channel Islands — Eddystone Rocks — The Scilly Islands — Ushant — Whether full weight to be given to them — Effect of geological features — The Hurd Deep — Position of States not parties to the arbitration

Type
Case Report
Copyright
© Cambridge University Press 1979

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