CASE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY IN THE GULF OF MAINE AREA

ICJ Judgment of 12 October 1984

FACTS

The dispute between the US and Canada first materialized in the 1960s in relation to the continental shelf as soon as petroleum exploration had begun on either side more particularly in certain locations in George’s Bank. In 1967-1977 certain events occurred which added to the continental shelf dimension that of the waters and their living resources, for both States proceeded to institute an exclusive 200 mile fishery zone off their coasts and adopted regulations specifying the limits of the zone and continental shelf they claimed. The respective delimitation lines now proposed by each Party is inconsistent with each other.

ISSUE

What are the principles and rules of international law applicable in this case?

RULING

Both Parties to the case ratified the Geneva Convention on the Continental Shelf. However, there is no longer agreement between the Parties when each separately seeks to ascertain whether international law might also contain other mandatory rules in the same field. Thus, the Chamber concluded that where no agreement can be achieved, delimitation should be effected by recourse to a third party possessing the necessary competence. Now, the Chamber put forward its own solution independently of the parties. It was decided that the course of the single maritime boundary shall be defined by geodetic lines connecting the points provided by the Chamber.