International Law and Maritime Boundaries

Purpose of International Law

• Fundamental Purpose: Identify lawful territory for each nation.
• Historical Context: Territorial disputes often lead to wars.
• Core Function: Settling borders to maintain peace.

National Sovereignty and Maritime Claims

• Coastal Rights: Countries with coastlines are entitled to adjacent waters.
  • 12 Nautical Miles: Waters exclusively owned by the coastal state.
  • 200 Nautical Miles: Exclusive rights to economic resources.
• Continental Shelf: Shallow ocean area extending from the land can extend a country's exclusive economic zone.

Challenges with Maritime Boundaries

• Simple Cases: Countries with long coastlines and no land borders have clearer claims (e.g., Australia).
• Complex Cases: Areas with multiple countries and complex borders (e.g., South China Sea, North Sea).

The North Sea Case

• Geography: North Sea bordered by multiple countries (e.g., England, Norway, Denmark, Germany, etc.).
• Historical Significance: Center of naval warfare; important for fisheries and oil.

Method of Establishing Sea Borders

• Projection Method: Extending land borders into the sea.
  • This method leaves some countries with minimal maritime space.

1958 Geneva Convention on the Continental Shelf

• Principle: Equidistance - maritime boundaries should be equally distant from each state.
• Issue: Left West Germany with a small maritime area.

Legal Dispute and Resolution

1. International Treaty: 1958 Geneva Convention on the Continental Shelf.
2. Customary Law: Based on established patterns of behavior among nations.

Arguments and Court’s Consideration

• Arguments by Holland and Denmark: Geneva Convention as customary law binding all nations.

• Court's Analysis:

  1. Possible reservations by West Germany.
  2. Insufficient number of ratifications (39 out of 46 signatories).
  3. Brief period between signing and dispute.
  4. Other maritime boundary negotiations do not set a binding precedent.

• Conclusion: Geneva Convention did not constitute a mandatory rule of customary international law.

• Outcome: Encouraged resumed negotiations, resulting in a compromise.

Lessons Learned

1. Treaties and Customary Law: Treaties can become customary law but require widespread and obligatory adoption.
2. Criteria for Customary Law:
   • Number of ratifications.
   • Consistency and duration of practice.
   • Perception of legal obligation by the states.

Summary

• Main Takeaway: Establishing maritime boundaries through international law requires both treaties and consistent international practice to evolve into customary law.

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