NORTH SEA CONTINENTAL SHELF CASE

A ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT

OF THE COURSE PUBLIC INTERNATIONAL LAW FOR THE
REQUIREMENT OF THE DEGREE B.A. (LLB) SESSION 2021 – 2022

SUBMITTED BY

NAME – ABHIJEET KUMAR CHOUDHARY

ROLL NO – 211904

V SEMESTER

SUBMITTED TO

MRS. SUGANDHA SINHA

LECTURER OF LAW

AUGUST, 2021

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR MITHAPUR, PATNA (800001)

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These cases concerned the delimitation of the continental shelf of the North Sea as between
Denmark and the Federal Republic of Germany, and as between the Netherlands and the
Federal Republic, and were submitted to the Court by Special Agreement. The Parties asked
the Court to state the principles and rules of international law applicable, and undertook
thereafter to carry out the delimitations on that basis. By an Order of 26 April 1968 the Court,
having found Denmark and the Netherlands to be in the same interest, joined the proceedings
in the two cases. In its Judgment, delivered on 20 February 1969, the Court found that the
boundary lines in question were to be drawn by agreement between the Parties and in
accordance with equitable principles in such a way as to leave to each Party those areas of the
continental shelf which constituted the natural prolongation of its land territory under the sea,
and it indicated certain factors to be taken into consideration for that purpose. The Court
rejected the contention that the delimitations in question had to be carried out in accordance
with the principle of equidistance as defined in the 1958 Geneva Convention on the
Continental Shelf. The Court took account of the fact that the Federal Republic had not
ratified that Convention, and held that the equidistance principle was not inherent in the basic
concept of continental shelf rights, and that this principle was not a rule of customary
international law.

HYPOTHESIS –

 The equidistance principle was considered not a rule of customary international law.
 The court adopted the equitable principle for delimitation of the continental shelf
between Germany, Denmark, and The Netherlands

AIMS AND OBJECTIVES –

 To analyze the North Sea Continental Shelf case.

 To evaluate the findings of the court in the case.
 To examine the equidistance principle as was laid down in the North Sea Continental
shelf case.

TENTATIVE CHAPTERIZATION
1. INTRODUCTION
2. FACTS OF THE CASE
3. CONTENTION OF THE PARTIES

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 4. COURT’S DECISION
5. LEGAL VALUE – EQUIDISTANCE PRINCIPLE
6. CONCLUSION

BIBLIOGRAPHY –

Books -

 Edward Collins, Jr. and Martin A.Rogoff. The international law of maritime boundary
delimitation, 34 MAINE LAW REVIEW 1-2 (1982).
 Nelson L.D.M. The roles of equity in the delimitation of maritime boundaries, 84 (4),
AMERICAN JOURNAL OF INTERNATIONAL LAW 84 (1990)

Convention –

 Geneva Convention on the Continental Shelf, 1958.

 Vienna Convention on Law of Treaties, 1969.
 Geneva Convention on the Territorial Sea and Contiguous Zone, 1958

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