596
i n t e r nat i o na l l aw
circumstances, an equitable result’.
208
The Court took as its starting point
the criterion of the equal division of the areas of convergence and overlap-
ping of the maritime projections of the coastlines of the states concerned,
a criterion regarded as intrinsically equitable. This, however, had to be
combined with the appropriate auxiliary criteria in the light of the relevant
circumstances of the area itself. As regards the practical methods neces-
sary to give effect to the above criteria, like the criteria themselves these
had to be based upon geography and the suitability for the delimitation
of both the seabed and the superjacent waters. Thus, it was concluded,
geometrical methods would serve.
209
It will be noted that the basic rule for
delimitation of the continental shelf is the same as that for the exclusive
economic zone,
210
but the same boundary need not necessarily result.
211
The Chamber in the
Gulf of Maine
case indeed strongly emphasised ‘the
unprecedented aspect of the case which lends it its special character’, in
that a single line delimiting both the shelf and fisheries zone was called
for by the parties.
Criteria found equitable with regard to a continental shelf delimita-
tion need not necessarily possess the same properties with regard to a
dual delimitation.
212
The above principles were reflected in the arbitral
award in the
Guinea/Guinea-Bissau Maritime Delimitation
case in 1985.
213
The Tribunal emphasised that the aim of any delimitation process was
to achieve an equitable solution having regard to the relevant circum-
stances.
214
In the instant case, the concepts of natural prolongation and
economic factors were in the circumstances of little assistance.
215
In the
Libya/Malta Continental Shelf
case,
216
the International Court, in deciding
the case according to customary law since Libya was not a party to the 1958
208
ICJ Reports, 1984, pp. 299–300; 71 ILR, pp. 126–7. This was regarded as the fundamental
norm of customary international law governing maritime delimitation, ICJ Reports, 1984,
p. 300.
209
ICJ Reports, 1984, pp. 328–9; 71 ILR, p. 155. Note that the Chamber gave ‘half-effect’ to
Seal Island for reasons of equity, ICJ Reports, 1984, p. 337; 71 ILR, p. 164.
210
Article 74 of the 1982 Convention.
211
See e.g. the Australia–Papua New Guinea Maritime Boundaries Treaty of 1978, cited in
Churchill and Lowe,
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