The Roles of Equity in the Delimitation of Maritime Boundaries

Abstract

The recent decisions of the International Court of Justice and various arbitral tribunals with respect to the delimitation of maritime boundaries between states raise certain fundamental problems of jurisprudence. Among these are the legal consequences emanating from the proposition that each boundary is a unicum , that is to say, it is unique or monotypic; the part to be played by equity in the delimitation process; the role of equidistance; the legal consequences of the demise of natural prolongation and the emergence of the distance criterion or principle; the notion of a properly structured system of equity; and the proper function of the Court or tribunal in dealing with these matters.