The Torres Strait Treaty: Ocean Boundary Delimitation by Agreement
Henry Burmester
Abstract
Henry Burmester
Abstract
The delimitation of maritime boundaries is one of the major areas of ocean law where disputes between countries occur with frequency and where the development of governing principles of law remains difficult. At the Law of the Sea Conference, delimitation of the continental shelf and economic zones between states with opposite or adjacent coasts was one of the last issues to be resolved. Major judicial and arbitral decisions, such as the North Sea Continental Shelf cases before the International Court of Justice and the Anglo-French Continental Shelf arbitration, have gone some way to developing a body of relevant law to assist states in the solution of their maritime boundary problems. These decisions have clarified some of the relevant factors that states should take into account, but major boundary problems remain. On the Aegean Sea, Greece and Turkey have still not reached any solution; relations between Canada and the United States have been severely strained by their slow progress on maritime boundary issues; Libya and Tunisia have referred their continental shelf dispute to the International Court of Justice.
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The delimitation of maritime boundaries is one of the major areas of ocean law where disputes between countries occur with frequency and where the development of governing principles of law remains difficult. At the Law of the Sea Conference, delimitation of the continental shelf and economic zones between states with opposite or adjacent coasts was one of the last issues to be resolved. Major judicial and arbitral decisions, such as the North Sea Continental Shelf cases before the International Court of Justice and the Anglo-French Continental Shelf arbitration, have gone some way to developing a body of relevant law to assist states in the solution of their maritime boundary problems. These decisions have clarified some of the relevant factors that states should take into account, but major boundary problems remain. On the Aegean Sea, Greece and Turkey have still not reached any solution; relations between Canada and the United States have been severely strained by their slow progress on maritime boundary issues; Libya and Tunisia have referred their continental shelf dispute to the International Court of Justice.
Key concepts: Maritime boundary, Continental shelf, International court, Exclusive economic zone, United Nations Convention on the Law of the Sea, Arbitration, Treaty, Political science