In my Master thesis, I shall focus on the issue of rules, which determine delimitation and border demarcation of the continental shelf. The existing conventions reveal only a small number of provisions defining maritime delimitation, which due to its looseness and vagueness enable ample room for different interpretations. The basic rule predicts the determination of maritime boarders by agreement between the countries. In delimitation of the territorial sea, the method of equidistance is used for support, unless special circumstances or the existence of a historic title do not justify a different course of the border. Delimitation of continental shelf and exclusive economic zones are nevertheless determined by agreement on the basis of international law with the purpose of attaining an equitable solution. Due to the fact that conventions do not define concepts such as equitable solution, special circumstances and historic title, the case law of the International Court of Justice in the Hague is of the utmost importance. Through the prism of the aforementioned case law, I would like to present how rules for delimitation of the continental shelf were created and clarified. Within this framework, I shall analyse the factors and their role in determining boarders, with special emphasis on their meaning, recognized by the International Court of Justice.
|