Case Concerning Maritime Delimitation in the Area Between Greenland and Jan Mayen (Denmark v . Norway)

• Published in: International Law Reports
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 1994
• Subjects: Greenland; Norway; Jan Mayen
• Online Access: http://dx.doi.org/10.1017/cbo9781316152287.031; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0309067100016968

395 Sea — Maritime boundaries — Continental shelf — Fishery zone — Principles regarding delimitation — Whether same principles applicable to shelf and zone — States concerned parties to Geneva Convention on the Continental Shelf, 1958 — 1958 Convention, Article 6 — Applicability to area falling outside definition of continental shelf in 1958 Convention, Article 1 — Relationship to customary international law — Opposite coasts — Median line as starting point — Special circumstances — Whether the same as relevant circumstances under customary law — Equity — Marked disparity in length of opposing coasts — Principle of proportionality — Other potentially relevant factors — Dependence on fisheries — Size of population — Security — Whether Court empowered to draw single line of delimitation for both continental shelf and fishery zones Sea — Continental shelf — Juridical nature of continental shelf — Evolution of continental shelf regime — Definition of continental shelf — Declining importance of principle of natural prolongation — Proportionality between length of coast and area of continental shelf — Relationship between continental shelf, exclusive economic zone and fishery zone Sea — Fisheries — Fishery zone — Nature — Whether legal concept — Relationship with exclusive economic zone — Delimitation between opposite States with overlapping claims to fishery zones — Principles of customary international law applicable to delimitation — Relationship with treaty principles regarding delimitation between overlapping continental shelf claims — Equidistance principle — Relevant circumstances — Equity Sea — Islands — Entitlement to continental shelf and fishery zone — Greenland — Jan Mayen — Whether size, location or population of island relevant — Distinction between island and rock not entitled to maritime area International Court of Justice — Jurisdiction — Optional clause — Maritime boundary dispute brought before Court under Article 36(2) of the Statute of the Court — Powers of the Court — Dispute relating to boundary ...