LOS cases Flashcards
(33 cards)
North Sea Continental Shelf Cases (1969)
reinforced the idea that the shelf was a natural extension of a state’s land territory
The equidistant principle in Article 6 CSC is not customary law, instead, states must negotiate in good faith to reach an equitable solution.
Each state’s claim over a maritime area is independent and based on legal entitlement, not a pre-existing single zone awaiting division
Natural prolongation was first introduced in North Sea Continental Shelf and was considered superior to proximity.
The Anglo-Norwegian Fisheries Case (1951)
legitimised the straight baseline method, particularly for deeply indented coastlines or archipelagic states
Many pre-UNCLOS concepts continue to shape maritime law (the ICJ examined the concept of fishery zones and preferential fishing rights - notions that have customary law origins but are not explicitly reflected in UNCLOS. The Court ruled that such rights could only be implemented through agreements between relevant states and were not self-executing under general international law)
The ICJ ruled that the 10nm limit for closing bays was not an established rule of international law. UNCLOS now allows 24nm closing lines.
Peru v. Chile
The ICJ relied on Peru’s formal commitment to be bound by UNCLOS principles, even though Peru was not a party to the treaty
De facto boundaries may become legal over time through mutual recognition
Medvedev v. France
The ECHR ruled that UNCLOS provisions on drug interdiction on the high seas had not yet crystallised into customary international law, since there was no consistent state practice supporting a general right to board foreign vessels suspected of drug trafficking
the European Court of Human Rights ruled that such searches must not violate human rights protections.
Philippines v. China
UNCLOS provides a comprehensive system of maritime zones capable of encompassing all sea and seabed areas. This implies that, at least for States Parties to UNCLOS, all maritime claims should be assessed in reference to the Convention.
historical rights are “at least at variance with UNCLOS”, meaning that while they do not outright violate the Convention, they are not fully recognized within its framework
temporary habitation by small numbers of people does not qualify as “human habitation”, and the feature (rock) must support subsistence and survival of an indefinite population.
mainland states cannot claim archipelagic status under UNCLOS.
Tunisia/Libya
historic titles must be preserved if established by long-standing and uncontested usage
Eritrea v. Yemen
The tribunal could have resolved the dispute on the basis of historical title if sufficient evidence had been provided
Confirmed low-water lines as the standard for measuring territorial seas.
Gulf of Maine
de facto fishing practices do not automatically influence maritime boundaries, , meaning that states cannot claim historic fishing rights solely based on long-standing usage
The ICJ has recognized the EEZ as customary law
Irregular coasts can distort equidistant boundaries
Guinea/Guinea Bissau case
Where possible, a single boundary is preferred to separate EEZ and continental shelf limits.
Ghana v. Côte d’Ivoire
Some tribunals have extended single-line delimitation to the territorial sea where parties do not dispute sovereignty.
Bangladesh v. Myanmar
Island relevance depends on case-specific factors;
differentiated between shelf delimitation (between states) and delineation (outer limits by CLCS).
Saiga Case
ITLOS emphasized that a ship is a legal unit, meaning the flag state has exclusive jurisdiction over both the ship and its crew.
Arctic Sunrise Case
The tribunal expanded the flag state’s legal standing to include non-crew members aboard a ship.
Asya Case
A ship with no nationality or using multiple flags may be seized on the high seas.
I’m Alone Case
The pursuit must be uninterrupted and cease if the ship enters another state’s jurisdiction.
The Torrey Canyon Incident (1967)
Led to the 1969 Oil Pollution Convention, allowing emergency intervention in high-seas pollution disasters.
Black Sea Case
The ICJ ruled that the enclosed nature of a sea does not preclude equidistant delimitation.
Caspian Sea Dispute
Coastal states have debated whether the Caspian Sea is a lake (requiring sovereignty sharing) or a sea (allowing EEZ claims). The resolution depends on state consent and agreements.
Barbados v. Trinidad & Tobago
Historical fishing rights were not upheld in the absence of formal legal recognition. The median line is often used but may be adjusted for fairness.
Turkey and the Turkish Republic of Northern Cyprus (TRNC)
The 2014 maritime delimitation agreement between Turkey and TRNC is not recognized under international law. TRNC is not a state, so it cannot qualify as a coastal state under UNCLOS.
Morocco and Western Sahara
Morocco’s authority over Western Sahara’s maritime spaces remains contested because the sovereignty of Western Sahara itself is unresolved.
Nicaragua v. Colombia
The legal regime of islands under Article 121 of UNCLOS applies as customary international law. Islands are entitled to the same maritime rights as mainland coasts.
Jan Mayen Case (Norway v. Denmark)
Jan Mayen was classified as an island because it could support economic activity. Coastal frontages determine maritime claims. Separate delimitation regimes exist for shelves and fishery zones.
Indonesia v. Malaysia (Ligitan and Sipadan)
Ligitan was classified as an island despite not being permanently inhabited, proving that habitation is not a requirement.
