Marston, geoffrey north sea continental shelf cases 1969. Delimitation of the continental shelf in the north sea, denmark, germany and netherlands couldnt agree amongst themselves as to. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. Scharf case western reserve university school of law, michael. For a custom to become binding as international law, it must amount to a settled practice and must be rendered obligatory by a rule requiring it. The court described the process by which a treaty rule may become a rule of customary law.
During the negotiations of the aforementioned agreement the icelandic government advanced the view that iceland was entitled to a continental shelf area extending beyond the 200mile economic zone. Canada, denmark greenland, norway, the russian federation and the us. Case western reserve university school of law scholarly. Constance north sea continental shelf cases1 public international. A continental shelf is a portion of a continent that is submerged under an area of relatively shallow water known as a shelf sea. North sea continental shelf cases federal republic of germany v. North sea continental shelf cases federal republic of.
Analysis of north sea continental shelf cases federal. The north sea continental shelf cases international relations. Overview of the case these cases concerned the delimitation of the continental shelf of the north sea as between denmark and the federal republic of germany, and as between the netherlands and the federal republic, and were submitted to the court by special agreement. Federal republic of germany netherlands international court of justice february 20, 1969 general list. The continental shelf beyond 200 nautical miles in the. North sea continental shelf cases summary public international. The companies were asked to provide their decommissioning activity forecasts on the norwegian continental shelf for the period 2015 to 2024. They involved agreements among denmark, germany, and the netherlands regarding the delimitation of areasrich in oil and gasof the continental shelf in the north sea.
The north sea continental shelf cases 1969 provide one of the few instances where the icj has provided a detailed analysis and overview of the existence and. The parties involved in the disputes were denmark, germany and the netherlands and were in relation to the delimitation or creation. International law case studies 1 flashcards quizlet. Quizlet flashcards, activities and games help you improve your grades. Germany v denmark and the netherlands 1969 icj 1 were a series of disputes that came to the international court of justice in 1969.
The rule of law and the united nations convention on the law of the sea global ratification would unite the nations of the world in the most comprehensive and farreaching treaty for protection of the global environment yet achieved, establishing a clear and inexorable link between the. The tunisialibya continental shelf case perceived by the icj, was the existence and position of the kerkennah islands. On 20 february 1969 the international court of justice delivered its judgment in the north sea continental shelf cases. Principles applicable in the delimitation of continental shelf 1. Germany v denmark and the netherlands 1969 icj 1 also known as the north sea continental shelf cases were a series of disputes that came to the international court of justice in 1969. Aegean sea continental shelf by mariam alattiya on prezi.
Article 1 for the purpose of these articles, the term continental shelf is used as referring a to the seabed andsubsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200. Ratification after signature is required to consequently make that party liable to obey the treaty. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Icj north sea continental shelf cases, separate opinion of. By the two special agreements respectively concluded between the kingdom of denmark and the federal republic of germany, and between the federal republic and. The shortest distance between iceland and jan mayen is about 290 nautical miles.
That the boundaries between their respective areas of the. The commission on the limits of the continental shelf hereinafter clcs is one of the three institutions created under the 1982 united nations convention on the law of the sea hereinafter the convention. Pil lecture 2 sources of international law flashcards. Case notes australasian legal information institute. Judgments north sea continental shelf federal republic of germanydenmark links site search document search contact the court. Complete set of summary of international cases and treaties. By the two special agreements respectively concluded between the kingdom of denmark. The kingdom of the netherlands and the federal republic of germany. North sea continental shelf federal republic of germany denmark.
On 9 june 1965, the federal republic of germany and denmark. The north sea continental shelf cases 1969 provide one of the few instances where the icj has provided a detailed analysis and overview of the existence and requirements of customary international law. The rule of law and the united nations convention on the. Overview of the case institution of proceedings written proceedings oral proceedings other documents orders. The continental shelf beyond 200 nautical miles 721 the arctic ocean is a semienclosed sea bordered by. The main features are greatly influenced by dynamics of the north atlantic subpolar and subtropical gyres, which meet off the grand banks of newfoundland. Article 76 defines the means by which coastal states establish the extent of their extended continental shelf. Law of the continental shelf and ocean resourcesan overview harrop a.
A summary and case brief of north sea continental shelf cases federal republic of germany v. On 1 december 1964, the federal republic of germany and the netherlands concluded an agreement for the partial delimitation of the boundary near the coast. In 1969, a series of disputes had come upon the attention of the international court of justice and they had been known as the north sea continental shelf cases. Nicaragua v usa case analysis presentation duration. Latest developments north sea continental shelf federal. Territorial sea, continental shelf and economic zone of june 1, 1979. Federal republic of germanydenmark, federal republic of germanynetherlands. Reply of guyana annex r1 from north sea continental shelf. Distribution of bottom sediments on the continental shelf, northern bering sea by dean a. Pursuit of negotiations during judicial proceedings no impediment to exercise of jurisdictionexistence of legal dispute.
Moreover, in the present case, any such inference would immediately be nullified by the fact that, as soon as concrete delimitations of north sea continental shelf areas began to be carried out, the federal republic, as described earlier paragraphs 9 and 12, at once reserved its position with regard to those delimitations which effected on. It would in the first place be necessary that the provisions concerned should, at all events potentially, be of a fundamentally normcreating character such as could be regarded. Federal republic of gerrnetherlands continental shelf areas in. Accelerated formation of customary international law michael p. This being the case, the court does not have to embark, in addition, on an enquiry into the private thoughts of the federal republic, as the netherlands government calls upon. The shelf surrounding an island is known as an insular shelf the continental margin, between the continental shelf and the abyssal plain, comprises a steep continental slope. Chapter 3 history of continental shelf and slope sedimentation on the us middle atlantic margin kenneth g. Essay on north sea continental shelf case 1506 words. North sea continental shelf case, 1969 positive action of all states are not required only those affected those able to. Christensen4 1department of earth and planetary sciences, rutgers university, piscataway, nj 08854, usa 2new jersey geological survey, po box 427. North sea continental shelf cases icj reports, 1969, p. Oil and gas legal problems, 1968 2 international lawyer 191. North sea continental shelf cases, icj reps, 1969, p. New zealands continental shelf and unclos article 76.
North sea continental shelf case federal republic of germany denmark. Introduction in the innumerable conferences and seminars now being held on the continental shelf and seabed one senses a general proposition. Exploitation of the german continental shelf of 22 january 1964, reproduced in countermemorial submitted by the government of the kingdom of denmark icj pleadings vol i 157, 244. Facts foreign minster meet in brussels the turkish claimed that the islands of limnos, chios, samos, lesbos, aghios eustratios, ikaria and kos could not be considered as the continental shelf turkish government had the notion to answer by saying that there are huge marine area. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505.
This post discusses only aspects of the case related to treaty and customary international law. North sea continental shelf nmea 08 pdf cases 1969 i. North sea continental shelf cases federal republic of germanydenmark, federal republic of germanynetherlands i. The page references originally appearing in the pleadings. Federal republic of germanyinetherlands continerrtal shelf nreas iri the horrli seadelitriitatiori crs betwecn aajacerit. Judgments north sea continental shelf federal republic. Memorial submitted by the government of the federal republic of germany countermemorial submitted by the government of the kingdom of denmark countermemorial submitted by the government of the kingdom of the netherlands. Page 1 national legislation doalosola united nations asdf continental shelf jurisdiction order 1968 no.
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