NORTH SEA CONTINENTAL

SHELF CASES
FEBRUARY 1969
[ FEDERAL REPUBLIC OF GERMANY VS DEMARK ]
[ FEDERAL REPUBLIC OF GERMANY VS THE NETHERLANDS ]
 NORWAY

DENMARK

THE
UNITED NETHERLANDS GERMANY
KINGDOM
 ISSUE:

What principles and rules of international law

are applicable to the delimitation as between the
Parties of the areas of the continental shelf in the
North Sea?
 CONTENTIONS:
Germany
 That the equidistance method of
delimitation provided in Article 6
of the Continental Shelf
Convention (Geneva Convention)
is not applicable
 That the delimitation be
governed by the principles that
each coastal State is entitled to a
just and equitable share
The Netherlands and Denmark
 That the equidistance method of
delimitation provided in Article 6
of the Continental Shelf
Convention (Geneva Convention)
must be applied.
 That even if Article 6 of the
Geneva Convention is not binding
on Germany, the use of the
equidistant method has become a
customary and must be applied.
 ARTICLE 6 OF THE CONTINENTAL
SHELF CONVENTION
"1. Where the same continental shelf is adjacent to the territories of
two or more States whose coasts are opposite each other, the
boundary of the continental shelf appertaining to such States shall be
determined by agreement between them. In the absence of agreement,
and unless another boundary line is justified by special circumstances,
the boundary is the median line, every point of which is equidistant
from the nearest point of the baselines from which the breadth of the
territorial sea of each State is measured.
2. Where the same continental shelf is adjacent to the territories of
two adjacent States, the boundary of the continental shelf shall be
determined by agreement between them. In the absence of agreement,
and unless another boundary line is justified by special circumstances,
the boundary shall be determined by application of the principle of
equidistance from the nearest points of the baselines from which the
breadth of the territorial sea of each State is measured."
 NORWAY

DENMARK

THE
UNITED NETHERLANDS GERMANY
KINGDOM
 ISSUE:

What principles and rules of international law are

applicable to the delimitation as between the Parties
of the areas of the continental shelf in the North Sea?

1. Applicability of Article 6 of the Geneva

Convention
2. Equidistance Method as a Customary Law
3. What to apply
 APPLICABILITY OF ARTICLE 6

Both Denmark and The Netherlands argue that Article 6 of the Geneva
Convention is applicable and Germany is bound to follow it:

1. Expressly

For the Convention to be binding upon the

State, it must be:

1. Signed within the time limit

2. Subsequently ratified by the State
 APPLICABILITY OF ARTICLE 6

Both Denmark and The Netherlands argue that Article 6 of the Geneva Convention
is applicable and Germany is bound to follow it:

1. Expressly 2. Estoppel

Preclude the State from denying

applicability by reason of past
conduct, declarations, etc.
 APPLICABILITY OF ARTICLE 6

Both Denmark and The Netherlands argue that Article 6 of the Geneva Convention
is applicable and Germany is bound to follow it:

1. Expressly 2. Estoppel

There must have been real intention to

manifest acceptance or recognition of the
applicability of the constitutional regime.
 2ND CONTENTION OF THE
APPLICABILITY OF ARTICLE 6
NETHERLANDS AND DENMARK

1. Expressly 2. Estoppel
Equidistance Method of
Delimitation is a
Customary Law
EQUIDISTANCE METHOD: A
CUSTOMARY LAW?
CUSTOMARY LAW:
Before the Geneva Convention

After the Geneva Convention

1. Widespread and Representative Participation
2. Opinio Juris
 EQUIDISTANCE METHOD: A
CUSTOMARY LAW?
CUSTOMARY LAW:
Before the Geneva Convention
No.
1. It admits reservations.
2. It is merely secondary. Agreement of the parties prevail.
3. There are other methods of delineation.
 EQUIDISTANCE METHOD: A
CUSTOMARY LAW?
CUSTOMARY LAW:

After the Geneva Convention

DURATION OF THE CONVENTIONAL LAW

The passage of only a short period of time does not

necessarily bar the formation of a new customary
international law. What is indispensable is the State
practice during the period should have been extensively
and virtually uniform showing general recognition of the
rule of law.
EQUIDISTANCE METHOD: A
CUSTOMARY LAW?
CUSTOMARY LAW:

After the Geneva Convention

Widespread and Representative Participation
Opinio Juris
 EQUIDISTANCE METHOD: A
CUSTOMARY LAW?
CUSTOMARY LAW:

After the Geneva Convention

Widespread and Representative Participation

No.
Insufficient number of ratifications and accessions to the
convention to consider it widespread.
EQUIDISTANCE METHOD: A
CUSTOMARY LAW?
CUSTOMARY LAW:

After the Geneva Convention

Opinio Juris

No.
Insufficient evidence to show that States are legally
compelled to use the rule.
 JUDGEMENT:

1. The use of the equidistance method of delimitation not

obligatory as between the Parties;
2. There is no other single method of delimitation the use
of which is in all circumstances obligatory;
3. Principles and rules applicable:
a. Delimitation is to be effected by agreement in accordance with
equitable principles, and taking into account all relevant
circumstances;
b. If areas overlap, these are to be divided equally, unless they
decide on a regime of joint jurisdiction.