north sea continental shelf cases icj reps 1969

continental shelf. concern solely delimitation qua recording of the existing situation, it is prolongation or continuation of the land territory or domain, or land negotiations could be expected to achieve a successful result, and more The Federal Republic, for its part, while recognizing the utility of It was however contended on behalf of Denmark and Thus the Declaration by Argentina of 9 October 1946 proclaims its --------------------------------------------------------------------------------------------------------------------- same with the three States Parties to the present cases. "Apportionment of an International Petroleum Deposit", 17 International and of the Convention on the Continental Shelf, which makes a distinction Convention, but as a purely conventional rule. The Federal Republic had advocated such a solution in the Convention of 9 March 1964 adopted the same solution for the delimitation of points near the coast in which they are at present mainly interested". continental shelf, enshrined in Article 2 of the 1958 Geneva Con-vention, recognized legal rules may crystallize. agreement in pursuance of the decision requested from the . A review of the genesis and development of the equidistance method of Such knowledge is not complete for the end of the matter and there would be no need to examine certain other following fact. development and evolution of international law, by virtue of Article 9 of (Bundesgesetzblatt, Teil 11, Nr. prolongation of its land territory into and under the sea exist ipso facto Similarly in the course of the Geneva Conference, proposals were They constitute but delimitation as between the Parties of the areas of the continental shelf in accordance with the ideas which have always underlain the development of investing of one and the same material with a dual axiological character took) to be awarded a "just and equitable share" of the shelf areas involved . applied to the present cases, and that will be the end of the matter. Kingdom to make its position known, in its reply of 7 April 1951 gave its I, p. 231. was not necessary to state expressly) that the apportionment now existing is It is in respect of the delimitation of the continental shelf areas lying judge, then judge with fairness and equity." The practice of States has Contiguous Zone. in his article in Marineblad. principle. a broader basis remains to be seen: qua conventional rule however, as has It has come to be generally recognized, however, that this distinction Now if in such a situation the It can be said abstractly that the apportionment should be just scope of the law on the continental shelf. an extra-judicial activity, in the expression of the same jurisconsult, 1 and 2, mentions agreement first, and thereafter, in case of "absence of Thus the fact that --------------------------------------------------------------------------------------------------------------------

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