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Lessons learned from the Gulf of Maine case: the development of maritime boundary delimitation jurisprudence since UNCLOS III

Journal Article


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Abstract


  • The Chamber of the International Court of Justice (ICJ) delivered its

    judgment on the location of the maritime boundary between Canada and the

    United States in the Gulf of Maine, on October 12, 1984. Less than two

    years before, after many years consideration, and an almost complete

    failure of consensus during the Third United Nations Conference on the

    Law of the Sea (UNCLOS III),1 the international community adopted the

    text of Articles 74 and 83 of the United Nations Convention on the Law of

    the Sea.2 These two almost identically-worded articles provided the

    formula for delimiting the maritime boundaries between States’ exclusive

    economic zones (EEZ) and continental shelves. They provide, in part, as

    follows:

    The delimitation of the exclusive economic zone/continental shelf

    between States with opposite or adjacent coasts shall be effected

    by agreement on the basis of international law, as referred to in

    Article 38 of the Statute of the International Court of Justice, in

    order to achieve an equitable solution.3

Publication Date


  • 2008

Citation


  • S. B. Kaye, ''Lessons learned from the Gulf of Maine case: the development of maritime boundary delimitation jurisprudence since UNCLOS III'' (2008) 14 (1) Ocean and Coastal Law Journal: legal and policy journal on US Ocean and coastal law 73-99.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1511&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/506

Number Of Pages


  • 26

Start Page


  • 73

End Page


  • 99

Volume


  • 14

Issue


  • 1

Place Of Publication


  • http://heinonline.org.ezproxy.uow.edu.au/HOL/Page?handle=hein.journals/occoa14&collection=journals&id=101

Abstract


  • The Chamber of the International Court of Justice (ICJ) delivered its

    judgment on the location of the maritime boundary between Canada and the

    United States in the Gulf of Maine, on October 12, 1984. Less than two

    years before, after many years consideration, and an almost complete

    failure of consensus during the Third United Nations Conference on the

    Law of the Sea (UNCLOS III),1 the international community adopted the

    text of Articles 74 and 83 of the United Nations Convention on the Law of

    the Sea.2 These two almost identically-worded articles provided the

    formula for delimiting the maritime boundaries between States’ exclusive

    economic zones (EEZ) and continental shelves. They provide, in part, as

    follows:

    The delimitation of the exclusive economic zone/continental shelf

    between States with opposite or adjacent coasts shall be effected

    by agreement on the basis of international law, as referred to in

    Article 38 of the Statute of the International Court of Justice, in

    order to achieve an equitable solution.3

Publication Date


  • 2008

Citation


  • S. B. Kaye, ''Lessons learned from the Gulf of Maine case: the development of maritime boundary delimitation jurisprudence since UNCLOS III'' (2008) 14 (1) Ocean and Coastal Law Journal: legal and policy journal on US Ocean and coastal law 73-99.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1511&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/506

Number Of Pages


  • 26

Start Page


  • 73

End Page


  • 99

Volume


  • 14

Issue


  • 1

Place Of Publication


  • http://heinonline.org.ezproxy.uow.edu.au/HOL/Page?handle=hein.journals/occoa14&collection=journals&id=101