KMI International Journal of Maritime Affairs and Fisheries
Korea Maritime Institute
Article

International maritime delimitation process

Jianjun Gao*
*Professor, Department of International Law, China University of Political Science and Law. Address: No. 25, Xitucheng Road, Haidian District, Beijing, 100088, China. E-mail: gaojianjun@yahoo.com.

© Copyright 2021 Korea Maritime Institute. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Received: Jul 19, 2010; Accepted: Nov 29, 2010

Published Online: Dec 31, 2010

ABSTRACT

International maritime delimitation is a process consists of several stages. Recently, international tribunals tend to follow a uniform process for delimitation, that is, first drawing an equidistance line, then considering whether there are factors calling for the adjustment or shifting of that line. However, the ultimate goal of maritime delimitation is to achieve an equitable solution, which is the requirement of the governing rule and is of higher rank than the application of equidistance. Where equidistance can not contribute to effecting an equal division of the area of overlapping entitlements, which would happen in some continental shelf delimitation, it is not appropriate to start the delimitation by a provisional equidistance line. The role of the relevant circumstances in delimitation has shifted from indicating the delimitation method to verifying that the result of the application of the provisional equidistance line, is not, in light of the particular circumstances of the case, perceived as inequitable, and, if necessary, to modifying the provisional line.

Keywords: maritime delimitation; equidistance; relevant circumstances; disproportionality test