Table of contents north sea continental shelf cases federal republic of germanydenmark. A summary and case brief of north sea continental shelf cases federal republic of germany v. Latest developments north sea continental shelf federal. 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.
Germany v denmark and the netherlands 1969 icj 1 also known as the north sea continental shelf cases were a series of. An analysis of negotiations abhilasha mittal1 abstract the main purpose of this paper is to understand the reasons for the failure of the negotiations between the three states i. That the boundaries between their respective areas of the. This is consistent with article 38 1 b of the statute of the icj. Oda, professor of international law in the university of sendai, as counsel, dr. Case notes australasian legal information institute. I shall argue in this essay that the world court used a method which might be called the rule of manifest intent in the north sea continental shelf cases, that this method differs from a more traditional approach. The north sea continental shelf cases student articles. In the north sea continental shelf cases, between the federal republic of germany, represented by dr. This decision has often been cited as the preeminent case concerning customary international. Judgments north sea continental shelf federal republic of germanydenmark links site search document search contact the court history members of the court. North sea continental shelf case federal republic of germany denmark.
Oil and gas legal problems, 1968 2 international lawyer 191. See other cases involving germany denmark proceedings joined with north sea continental shelf federal republic of germanynetherlands on 26 april 1968. By the two special agreements respectively concluded between the kingdom of denmark and the federal republic of germany, and between the federal republic and. Introduction this comment examines treaties, custom, and other representations of state conduct as sources of law binding upon states. Judgments north sea continental shelf federal republic.
Case concerning the continental shelf tunisialibyan arab. North sea continental shelf cases frg v denmark frg v netherlands, 1969 know facts. Read north sea continental shelf cases, icj 1969 paras 6082. The line cdeba is the approximate equidistance line. Continental shelf two sets of rules and principles are available in international law. 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. Status of islandsreference to the draft convention on the law of the sea article 121. North sea continental shelf cases federal republic of. Customary international law judicial application of the custom with reference to paquete habana lutos and north sea continent shelf cases. These two separate claims were joined by the icj, and decided as one case. The delimitation of maritime boundaries may create overlapping claims requiring maritime boundary delimitation.
Oda, professor of international law in the university of sendai, as counsel. Essay on north sea continental shelf case 1506 words. Moreover, the cases give an essential overview of the. What principles and rules of international law were applicable to the delimitation of the area of the continental shelf which appertained to malta and libya, and how such principles and rules could be applied in this case so that they equitably delimited the disputed area.
Manifest intent and the generation by treaty of customary. Principles applicable in the delimitation of continental shelf 1. 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. Rule not proposed by international law commission as an emerging rule of customary international law, it has not crystallized as a rule 3. A grotian reading of the north sea continental shelf cases law, are privileged to become part of the legislator hitherto the exclusive role of the sovereign state because their behaviour, in being intentionally law conforming, is behaviour for the sake of the public interest of the whole society. This term is frequently used in legal proceedings such as a defense for a case. All parties agreed the court was not to physically apportion claims, but. Exploration and exploitation of the marine natural resources are centred on the continental shelf. The jurisprudence of the north sea continental shelf cases sets out the dual requirement for forming customary international law state practice objective element and opinio juris subjective element. In particular, it will focus on the decision of the international court of justice in the north sea continental shelf cases. See also young, offshore claims and problems in the north sea 1965 59 american journal ofinternational law 505.
North sea continental shelf cases, icj reps, 1969, p. The icj held that the right of the coastal state to its continental shelf areas is based on its sovereignty over the land domain, of which the shelf area is the natural. North sea continental shelf nmea 08 pdf cases 1969 i. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual. Refworld analysis of north sea continental shelf cases. Although the passage of only a short period of time is not necessarily, or of itself, a bar to the formation of a new rule of customary international law on the basis of what was originally a purely conventional rule, an indispensable requirement would be that. Jaenicke, professor of international law in the university of frank furt am main, as agent, assisted by dr. Doc the northsea continental shelf cases revisited. North sea continental shelf federal republic of germany denmark.
The north sea continental shelf cases confirmed that both state practice the objective element and opinio juris the subjective element are essential prerequisites for the formation of a customary law rule. Scribd is the worlds largest social reading and publishing site. North sea continental shelf case s federal republic of germanydenmark. All parties agreed the court was not to physically apportion claims, but merely prescribe a method of. Prospective angloscottish maritime boundary revisited. Read north sea continental shelf cases, icj 1969 paras 6082 1. The parties asked the court to state the principles and rules. Ratification after signature is required to consequently make that party liable to obey the treaty. Icj north sea continental shelf cases, separate opinion of judge fouad ammoun, icj rep. International court of justice icj published on by oxford university press. International tribunal for the law of the sea the outer continental shelf. North sea continental shelf cases sketch map point c marks the land boundary between the netherlands and germany. Point a marks the land boundary between germany and denmark. Opinio juris sive necessitatis an opinion of law or necessity or simply opinio juris an opinion of law is the belief that an action was carried out as a legal obligation.
North sea continental shelf, germany v denmark, merits. The dispute, which was submitted to the court on 20 february 1967, related to the delimitation of the continental shelf. It elaborated the criteria necessary to establish state practice. The international court of justice and the law of the sea. 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. North sea continental shelf cases icj reports, 1969, p. Delimitation of maritime boundaries between adjacent states. Icj north sea continental shelf cases, separate opinion of. Delimitation of the continental shelf in the north sea, denmark, germany and netherlands couldnt agree amongst themselves as to where the boundaries should be for north sea continental shelf, referred to the icj court. North sea continental shelf cases federal republic of germany v.
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