600
i n t e r nat i o na l l aw
the question of equitable access to fish stocks for vulnerable fishing com-
munities needed to be considered. Since the principal resource in the area
was capelin, which was centred on the southern part of the area of over-
lapping claims, the adoption of a median line would mean that Denmark
could not be assured of equitable access to the capelin. This was a further
reason for adjusting the median line towards the Norwegian island of Jan
Mayen.
237
However, there was no need to consider the presence of ice as
this did not materially affect access to fishery resources,
238
nor the limited
population of Jan Mayen, socio-economic factors or security matters in
the circumstances.
239
In discussing the variety of applicable principles, a distinction has tra-
ditionally been drawn between opposite and adjacent states for the pur-
poses of delimitation. In the former case, the Court has noted that there
is less difficulty in applying the equidistance method than in the latter,
since the distorting effect of an individual geographical feature in the case
of adjacent states is more likely to result in an inequitable delimitation.
Accordingly, greater weight is to be placed upon equidistance in a de-
limitation of the shelf between opposite states in the context of equitable
considerations,
240
than in the case of adjacent states where the range of
applicable equitable principles may be more extensive and the relative
importance of each particular principle less clear. Article 83 of the 1982
Convention, however, makes no distinction between delimitations on the
basis of whether the states are in an opposite or adjacent relationship. The
same need to achieve an equitable solution on the basis of international
law is all that is apparent and recent moves to a presumption in favour of
equidistance in the case of opposite coasts may well apply also to adjacent
states.
237
ICJ Reports, 1993, pp. 70–2; 99 ILR, pp. 438–40. But see the Separate Opinion of Judge
Schwebel, ICJ Reports, 1993, pp. 118–20; 99 ILR, pp. 486–8.
238
ICJ Reports, 1993, pp. 72–3; 99 ILR, pp. 440–1.
239
ICJ Reports, 1993, pp. 73–5; 99 ILR, pp. 441–3. But see the Separate Opinion of Judge
Oda, ICJ Reports, 1993, pp. 114–17; 99 ILR, pp. 482–5. Note also the discussion of equity
in such situations in the Separate Opinion of Judge Weeramantry, ICJ Reports, 1993, pp.
211 ff.; 99 ILR, pp. 579 ff.
240
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