4 ClaimsDenmarkTo declare Greenland entitled to a full 200-mile fishery zone and continental shelfNorwayMedian line constitutes the boundary for purposes of delimitationNote: YELLOW – Danish claimsGREEN – Norwegian claimsRED – Overlap AreaBLUE – for DenmarkWHITE – for Norway
5 Case for DenmarkGreenland is entitled to full 200 mile continental shelf and fishery zoneNorway in 1976 enacted legislation establishing 200 mile economic zone, BUT NOT TO EXTEND BEYOND THE MEDIAN LINE IN RELATION TO GREENLAND
6 “potential area of overlap claims” “area relevant to the delimitation dispute”
7 Case for NorwayDelimitation already exists between Greenland and Jan Mayen1965 Bilateral Agreement1958 Geneva Convention on the Continental ShelfPractice of the Parties
8 Court 1965 agreement contains no provision for the delimitation of the position of the median specifically between Greenland and Jan Mayen“the boundary” refers to one boundary, that of the Denmark and SkagerrakGeneva convention – shelf rights asserted by both Parties
9 1979 agreement refers only to Norway and Farroe IslandsPattern of conduct – Danish proclamation of 200 mile fishery zone but delimitation of fishing territory to equidistant with Jan Mayen is IN CONCERN NOT TO AGGRAVATE THE SITUATION PENDING A DEFINITIVE SETTLEMENT OF THE BOUNDARY
10 No median line boundary is already in place Two options for the court: Single delimitation for both fishery zone and continental shelfTwo lines, one for fishery zone and one for continental shelf
11 Why not two? Gulf of Maine case Involved both continental shelf and fishery zoneParties there adopted no objection to have one delimitation despite law governing fishery zone is customary law and continental shelf is the 1982 UNCLOS
12 Art. 74 par. 1 and Art. 83 p. 1 ofUNCLOS“by agreement on the basis of international law, as referred to in Art. 38 of the Statute of the International Court of Justice, in order to achieve an EQUITABLE SOLUTION”Court held this to mean that special circumstances require another boundary
13 1977 Court of Arbitration decision (UK v 1977 Court of Arbitration decision (UK v. France) referring to the existence of a rule combing “equidistance-special circumstances”
14 How to use rule Start with median line of delimitation Taking into account the circumstances present, shift or adjust the line
15 Circumstances Jan Mayen is small Disparity in proportionsArithmetical ratio in their coast line
16 Norway’s viewComparison of coastal length will make irrelevant their circumstancesProportionality is not an independent principle of delimitation, but a test of equitablenessProposed sharing
17 Court Citing North Sea Continental Shelf case “Delimitation is a process which involvesboundaries of an area already, in principle, appertaining to the coastal State and not the determination de novo of such an area. Delimitation in an equitable manner is one thing, but not the same thing as awarding a just and equitable share of a previously undelimited area…”Simply means that sharing out is the consequence of delimitation and not vice versa. Tribunal is tasked to do so
18 Decision Balanced circumstances for all Parties Take into account coastal length and fishing activities of the Parties
19 Neither the median line nor the 200 mile line should be adopted.
20 Libya v. Malta Continental Shelf case “natural resources … so far as known and readily ascertainable might well constitute relevant circumstances … essential objectives envisaged by the State when they put forward claims”
21 Denmark: “fish that moved boundary lines to the east – CAPELIN”
22 Distribution and migration of Icelandic capelin Green shade: Feeding area of adults Blue shade: Distribution of juveniles Green arrows: Feeding migrations Blue arrows: Return migrations Red shade and Red arrows: Spawning migrations - Main spawning grounds and larval drift routes
23 Green shade: Feeding area of adults Blue shade: Distribution of juveniles Green arrows: Feeding migrations Blue arrows: Return migrations Red shade and Red arrows: Spawning migrations - Main spawning grounds and larval drift routesMedian delimitation will result to Greenland having substantially less or no access to good capelin fishing grounds.
24 Special Circumstances Coastal lengthPopulationPresence of Ice DriftSocio-Economic-Cultural attachmentJan Mayen is uninhabitable rock, incapable of sustaining human settlement
25 Notice that as delimitation goes northward, it narrows nearer to median limit Why? Ice drift prohibits capelin fishing
26 Why not full 200 miles?(reverse edge of argument) No reason to consider either the limited nature of the population of Jan Mayen or socio-economic and cultural factors as circumstances to be taken accountConduct of parties does not constitute an element which could influence the operation of delimitation (with respect to Norway and Iceland)
27 Security of Norway The delimitation that shall result … is not so near to the coast of either Party as to make questions of security a particular consideration in the present case
29 Court To decide, in accordance with International law and in light of thefacts and arguments developed by the Parties, where the line of delimitation shall be drawn between Denmark and Norway fishery zones and continental shelf areas in the waters between Greenland and Jan Mayen, and to draw them.
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