International maritime delimitation process

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.