North Sea Continental Shelf Cases
(Federal Republic of Germany/Denmark and Netherlands)
1969 I.C.J. 3 (Feb 20)
Article 6 of the Convention on the Continental
Shelf (516 U.S.T.S. 205 (1958)) says that if there are two countries
separated by a sea, the boundary between then should be calculated as the
point equidistant from both coastlines.
This is known
as the equidistance principle.
It is
important to know where the boundary is because a country can drill for
oil in the seabed within their territory.
The North Sea is
surrounded by Norway, the UK, the Netherlands, Germany, Belgium, and
Denmark. There is lots of oil right near the middle.
Germany felt
that they were getting a bad deal because their coastline was concave,
while Denmark and the Netherlands had convex coastlines (look at a map).
This meant that based on the equidistance principle, they would get less seabed than they would get
if the coastlines were all straight.
They went to
the International Court of Justice and asked for a ruling on how to draw
the boundary.
Denmark and
the Netherlands argued that the equidistance principle was not only codified in the Convention of
the Continental Shelf, but that it was already 'crystallized'
into customary international law.
The ICJ found
that the boundary should be redrawn on the basis of equitable principles.
The ICJ agreed
that the equidistance principle
gives a country with a convex coastline more seabed than what a country
with a concave coastline would receive.
The ICJ found
that the equidistance principle
was still relatively new, and so it wasn't exactly customary
international law just yet.
In addition,
there is a clause in Article 6
that allows for different boundary lines to be drawn when
"justified by special circumstances."
The ICJ told
the parties to go back and work out a boundary that was equitable to
everybody.
Basically, this
case said that countries didn't need to follow the equidistance
principle if it was inequitable.
Later, this
theory of equity was codified in Article 83 of the Convention on the Law of the Sea (1833 U.N.T.S. 3 (1982)),