Delimitation methodology for the continental shelf beyond 200 nautical miles: Three-stage approach as a way forward?

Abstract

Delimitation of the continental shelf beyond 200 nautical miles (nm) is a relatively novel exercise by international courts and tribunals, and a question that assumes theoretical and practical importance is whether the delimitation methodology primarily developed in maritime delimitation within 200 nm can be applied to the delimitation beyond that distance. In contrast to some prevailing arguments that the delimitation methodology for the continental shelf beyond 200 nm should somewhat differ, this article examines whether the delimitation beyond 200 nm can be integrated under the three-stage approach articulated by the ICJ in the 2009 Black Sea case and discusses what methodological problems have been raised in the delimitation process. By analysing the applicability and application of the three-stage approach to the continental shelf delimitation beyond 200 nm in the jurisprudence, this article argues that substantive integration of the delimitation methodology for the continental shelf beyond 200 nm has taken place and is likely to continue. The integrated approach to the delimitation methodology adopted in the Bangladesh v. India case and the Ghana/Côte d’Ivoire case may prove to be guiding precedents that indicate a way forward in the jurisprudence.