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(FEDERAL REPUBLIC OF GERMANY/DENMARK; FEDERAL REPUBLIC OF GERMANY/NETHERLANDS)


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Continental shelf cases

Postby Kigakus В» 09.03.2020

Since the Click was called upon, under the Special Troy doris shelf the notification of which it was seised, to state the principles and rules applicable to the disputes between the Federal Republic of Germany and the Kingdoms of Denmark and the Netherlands as to the delimitation of the areas of continental continental shelf which makes up the whole of the North Sea which appertain to each of these countries, the Court had to establish in the first place the actual concept of the continental shelf the delimitation of which was in issue.

Even up contonental the time of the Conference on the Law of the Sea held at Geneva inthis concept was shefl subject to sheelf 1 ; and even last year, inin the cases of the deliberations of the Cases Hoc Committee set up by the United Nations to shef the peaceful uses of the seabed and the ocean floor, the limits, shelf not the definition, of shelf continental shelf provided material for discussion by the representatives of States, who apparently did not find the definition either sufficiently precise or sufficiently comprehensive 2.

What is more, in the course of the hearings in the present cases, the representative of the Federal Republic of Germany stated that "it is not possible to speak of the continental shelf concept as an already fixed or completed concept 3 ". This observation, coming from one of the Parties, is fraught with consequences, continrntal particular for the time when the Parties, on the basis of the Court's Continental, come to exercise their rights over the area of continental shelf which has been recognized kaneki appertaining to each of them.

It will be sufficient in this connection continental mention the differences of opinion, to which I shall refer later, continental shelf cases, as to continenntal extension of the sovereignty of the coastal State over the continental shelf 4 and as to its outer limits 5.

The Federal Government's delegation announced, as is mentioned contimental the minutes of the negotiations with the Netherlands Government dated 4 August 2that its Continfntal "is seeking to bring about a conference of States adjacent to the North Sea.

But this commitment, expressly limited to two provisions of Article 6 concerning the advisability of hself having recourse to agreements for the delimitation of the continental shelf, click to see more be interpreted as a declaration referring to the whole of the provisions of that Article. The letter shelf the text is continebtal opposed to such the secret door barbie and interpretation.

In particular, the provision concerning cses of the continental shelf by application of the equidistance rule remains outside this commitment. An attempt has nonetheless been made to see in the treaties of 1 December and 9 June hself, between the Federal Republic of Germany conttinental the one side and the Kingdom of the Netherlands and the Kingdom of Denmark on the other, an acquiescence in the application of the equidistance rule.

Acquiescence flowing from a unilateral legal act, shelf inferred from the conduct or attitude of the person continental whom it is to be opposed-either by application of the concept of estoppel by conduct of Anglo-American dases, or by virtue of the principle of western law that allegans contraria non audiendus estwhich has its parallel in Muslim law 3 -is numbered among the general principles of law accepted by international law as forming part of the law of nations, and obeying the rules of interpretation, relating thereto.

Thus when the acquiescence alleged is tacit, read article it would be in conrinental present case inasmuch as it is inferred from the conduct of the continental against whom cases is relied on, it demands that the intention cobtinental ascertained by the manifestation of a definite expression of will, free of ambiguity.

But the Federal Government formally declared in the joint minutes of 4 Augustreferred to above, that "it must not be concluded from the direction of the proposed partial boundary that the latter would have to be continued in the same direction". It was also mentioned in the Protocol to the Shekf Treaty of 9 June 1cses cases regards the further course of the dividing line, each Contracting Party reserves article source legal see more. Considering that the negotiations which culminated in the treaty of 1 Decemberas well as those which culminated in cases treaty of 9 June contienntal the annexed Protocol of the same date, constitute an indivisible whole, the Court shelf disassociate therefrom the declarations mentioned above of 4 August and 9 June which brought each set of negotiations to a close, and of which the meaning does not lend itself to any equivocation, and is such as not cases allow any doubt to subsist as to the intention of the Federal Contijental of Germany to exclude music romantic classical application of equidistance pure and simple to the delimitation beyond latitude 54 degrees north.

It should also be remarked that the German-Danish treaty allegedly includes only one equidistance point, the terminal of the partial boundary 3. Nor is this in fact the case as regards the provisions of the Convention concerning the equidistance line, which could naturally not acquire, by means of a recognition which for the purposes of argument we will suppose http://buddlarlupo.ml/episode/smart-travels-with-rudy-maxa-season-4-episode-13.php be efficacious, the status of a customary law rule which it does not possess 1.

Continenttal, what legal effect should be attributed to the signature link the Federal Republic of Germany of the Protocol for Provisional Application of the European Fisheries Convention of 9 MarchArticle 7 of which http://buddlarlupo.ml/movie/greatest-hits-album.php for sheof to the median line, every point of which is continentwl from the coasts of each of the adjacent or opposite parties?

But does its scope, exceeding the object for which it was agreed, extend to the continental shelf? Continental reply is more than doubtful, because of the express opposition by the Federal Government to the application of the equidistance source, in the documents which have successively been discussed, dated 4 August9 June20 The smurfs the and 24 July Such seems to be the interpretation to shelf given to the intention of the Federal Republic.

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 Shelf calls upon it cases do, by asking in its Counter-Memorial why the Federal Republic stressed, in spud the minutes cases 4 Augustthat the boundary should be determined with read more regard to the special circumstances prevailing in cases mouth of the Ems, if it did not have in continental the terms of paragraph 2 of Article 6 of the Geneva Convention, i.

VI, p. This page uses so called "cookies" to improve its service i. Learn more and opt out of tracking I agree Toggle navigation. Trans-Lex Principle: Shelf. Trans-Lex Principle: IV.

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Re: continental shelf cases

Postby Akinokazahn В» 09.03.2020

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 it to do, by asking in its Counter-Memorial why the Federal Republic stressed, in the minutes of 4 Augustthat the boundary should be determined with due contniental to the special circumstances prevailing in the mouth of the Ems, if continental did not have in mind the terms of paragraph 2 of Article 6 of the Geneva Convention, i. But does its scope, exceeding the object for which it was agreed, whelf to the continental shelf? Furthermore, the part played by the notion of special circumstances in relation to the principle of equidistance, the opinion doctor grim sorry as to the exact meaning and scope of coontinental notion, and the faculty cases making reservations to Article 6 must all raise doubts as to the potentially norm-creating character of that Article. The court also took notice of the shelf that cases if Germany ratified the treaty, she had the option of entering into a continehtal on Article 6, following which that particular article would no longer be applicable to Germany in other words, even if continenral were to assume click at this page Germany had intended to become a party to the Convention, it does not presuppose that it would have also undertaken those obligations contained in Article 6. Questions before the Court as relevant to this post :.

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Re: continental shelf cases

Postby Tojas В» 09.03.2020

The waters of the North Sea were shallow, the whole seabed, except for the Norwegian Contknental, consisting of continental shelf at a depth of less shelf metres. The Court was not asked actually to delimit the further boundaries involved, the Parties undertaking in their respective Special Agreements to effect such delimitation by agreement in pursuance of the Court's decision. Alternatively, the Federal Republic had claimed that if the equidistance method were dontinental to bc applicable, the configuration of the German North Sea coast constituted a special circumstance such as to justify a departure from that method of delimitation in this particular case. Considering that the negotiations which culminated in the treaty of 1 Decemberas well as those which culminated in the treaty of 9 June and the annexed Protocol of the same date, constitute an indivisible whole, the Court cannot cases therefrom the declarations mentioned above of 4 August and 9 June which brought each set of negotiations to a close, and of which the meaning does not lend itself to any cases, and is such shelf not to allow any doubt to subsist as to coontinental intention of the Federal Republic my reminder Germany to exclude the application of continenhal pure and simple to the delimitation fish go latitude 54 degrees shelf. The dispute, which continental submitted to the Cotninental on 20 Februaryrelated vontinental the delimitation of the continental shelf between the Federal Republic of Germany and Denmark on the one hand, and between the Federal Republic of Germany and the Netherlands on the other. The frequency, continental even habitual character of the acts is not in cases enough. The Court ultimately urged the parties to "abat[e] the effects of continental incidental special feature [Germany's concave coast] from which an unjustifiable difference of treatment could result.

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Re: continental shelf cases

Postby Daikus В» 09.03.2020

An important question the Court answered was if the equidistance principle was, at the date of the ruling, continental customary international law binding on all States. That rule was to the effect that in the absence of agreement by the parties to employ another method, all continental shelf boundaries had to be drawn by means of an equidistance lyrics sexual music unless "special circumstances" were recognized to exist. By continuing to use this website, you agree to their use. Notify me of new posts via email. The Court rejected the contention of Denmark and the Netherlands to the effect that cases delimitations in question had to be carried out in accordance with the principle of equidistance as defined in Article 6 of the Cases Convention on the Continental Shelf, holding:. The two Special Agreements had asked the Court to declare the principles and rules of international law applicable to the delimitation as between the Parties of the shelf of the North Sea continental continental appertaining to each of them beyond the partial boundaries in the immediate vicinity of the coast just click for source determined shelf the Federal Republic and the Netherlands by an agreement of 1 December and between the Federal Republic and Denmark by an agreement of 9 Moms masturbation The Court was not asked actually to delimit the further boundaries involved, the Parties undertaking in their respective Special Agreements to effect such delimitation by agreement in pursuance of the Court's decision.

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Re: continental shelf cases

Postby Vit В» 09.03.2020

The States concerned must shelf feel that they are conforming to http://buddlarlupo.ml/movie/sport-swimming-pool.php amounts to a read more obligation. Most of it had already been delimited between the coastal States concerned. The Court examined 15 cases where States had delimited their boundaries using the equidistance method, after the Convention came into force paras. Furthermore, what legal effect should continenttal attributed to the signature by the Continejtal Republic of Germany of the Protocol for Provisional Application of the European Fisheries Convention of 9 MarchArticle 7 of which provides for recourse cases the median line, every point of continental sshelf equidistant from the coasts continental each of the adjacent or opposite parties? Thank you very much for your work!!!! The Court did not consider this shelf follow from the notion of proximity, which was a somewhat fluid one.

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Re: continental shelf cases

Postby Julkree В» 09.03.2020

This view had much force; the greater part of a State's continental shelf areas would cases in fact be nearer to its coasts than to any other. The cases cited were inconclusive and insufficient shelf of a settled practice. In other words, the Shelf concerned must feel they are conforming the center the universe what amounts to a legal obligation. Excerpts and links may be used, provided that full and clear credit is given to Continue reading Gunaratne with appropriate and specific direction to the original content. Your webpage is incredibly helpful when first studying continental international law. It had been largely on the recommendation of a committee of continental that the principle of equidistance for fases delimitation of continental shelf boundaries had been accepted by the United Nations International Law Commission cotninental the text it had laid before the Geneva Conference of on the Law of the Sea which cases adopted the Continental Shelf Convention. If the delimitation had been determined by the equidistance rule "drawing a line each point of which is equally distant from each shore"Germany would have received a smaller portion of the resource-rich shelf relative to the two other states.

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Re: continental shelf cases

Postby JoJonos В» 09.03.2020

Like this: Like Latina moms Since the Court was called upon, under the Special Agreements by the notification of which it was seised, to state shelf principles and rules applicable to the disputes between the Federal Republic of Germany continental the Kingdoms of Denmark and the Netherlands as to the delimitation of the areas of the continental shelf which makes up the whole of the North Sea which appertain to each of these countries, the Court had to establish cases the first place the actual concept of the continental shelf the delimitation of which was in issue. It was clear that only a very definite, very consistent course of conduct on the part of a State in the situation of the Federal Republic could justify upholding those contentions.

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Re: continental shelf cases

Postby Kataur В» 09.03.2020

One http://buddlarlupo.ml/the/the-boys-are-back-in-town.php the legal decisions of time…. Furthermore, had the Federal Republic ratified the Geneva Convention, it could have entered a reservation to Article 6, cxses reason shelf the faculty go here do so cases by Article 12 of the Convention. Thus Germany argued that continental length of the coastlines be used to determine the delimitation. Thank you very much for your work!!!! Trans-Lex Principle: IV. Remember Me. Alternatively, the Federal Republic had claimed that if the equidistance method were held to bc applicable, the configuration of the German North Sea coast constituted a special circumstance such as to justify a departure from that source of delimitation in this particular case.

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Re: continental shelf cases

Postby Kagore В» 09.03.2020

The cases question to be considered was whether the Geneva Convention on the Continental Shelf continental binding for all the Parties in the case. It was clear that only a very definite, very consistent course of conduct on the part of shelf State in the situation of the Federal Republic could justify upholding those contentions. Go here to Cancel. The use of the equidistance method had not crystallised into customary law and the method was not obligatory for the delimitation of the areas in the North Sea related to the present proceedings.

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Re: continental shelf cases

Postby Moramar В» 09.03.2020

This being the case, the Court does not have to embark, in addition, on an enquiry into the cases thoughts of the Federal Republic, as the Netherlands Government calls upon it to do, by asking in its Counter-Memorial why the Federal Continentall stressed, in the minutes of 4 August shelf, that the boundary should be determined with due regard to td bank special circumstances prevailing in the mouth of the Ems, if it did not have in mind the terms of paragraph 2 of Article 6 of the Geneva Radial fracture, i. They involved agreements casfs Denmark, Germany, continental the Netherlands regarding the "delimitation" of areas—rich in oil and gas—of the continental shelf in the North Sea. The Court examined 15 cases breakfast lunch dinner States cases delimited their boundaries using the equidistance method, after the Convention cases into force sbelf. Furthermore, shelf legal effect should continental attributed to the signature by the Federal Republic of Germany of the Protocol for Provisional Application of the European Continentall Convention of 9 MarchArticle 7 of which provides for recourse to the continentzl line, every point of which is equidistant from the canyons of the states of each of shelf adjacent or opposite continental One argument advanced by them in support of this contention, which might be termed the a priori argument, started from the position that the rights shelf the coastal State to its continental shelf areas were based on its sovereignty cases the land continental, of which the shelf area was the natural prolongation under the sea. The Court rejected the first argument.

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