Gulf of Maine case : Between USA and Canada

History of the case

This case was a dispute between the United States and Canada concerning the maritime
boundary in the gulf Maine area .A dispute concerning the location of maritime boundary
between the two states emerged as claims to extended maritime zone came to be recognized
in the law of the sea In the 1960s,it became apparent that the two sides held different views on
the delimitation of the continental shelf .The disputed area included George bank,an important
fishing ground for both united States and Canada.The parties failed to reach agreement on the
maritime boundary despite extensive negotiation,and eventually agreed to submit the dispute
to binding dispute settlement.In 1981, the United States and Canada requested a chapter of the
international court of Justice to decide"the course of the single maritime boundary that divides
the continental shelf and fisheries zones of Canada and the united States "in the Gulf of Maine
area.1

The main legal dispute

1 One of main legal dispute for the between the party is the continental shelf controversy

2 claim of two hundred (200) mile Fishery juirsdiction by both parties. 2

Arguments of the parties

1canada applying several principle ,made several arguments:

 First,it was contended that equidistance was the most appropriate method to apply.
 Second, Canada contended that the united States was aware that Canada utilized
the equidistant line in issuing oil and gas exploratory permit during the 1964-69
period.in addition,it was argued that the United States and Canada had been
partners in relation to the fisheries of the Georges bank for a years ,as united States

1
The gulf Maine case .page pp 136-137

2
I'd. Pp138-148

1
 recognized in negotiating the 1979 fisheries agreement with Canada and that would
be inequitable to throw Canada out of George bank now.
 Third, Canada claimed the united States had used a modified equidistance line itself
in the 1960s and 1979s.

2 United States argued that :

 First,the United States argued for what might be called geographical -as opposed to
geological -natural prolongation
 Next,the United States argued that ,despite the unity of the continental shelf ,certain
 natural boundary should be recognized .
 Finally ,united States argued that it had historical rights in the area.The united States
claimed a history of united States activities in the entire Gulf of Maine area or at least up
to the Northeast channel -for over 200 years.3

The Judgment

In the first part of decision the court set forth a limits placed on it by parties and accepted them

In the second part of the judgement ,the court extensively describes the gulf of Maine area and
rejects certain factual contentions regarding it.

The third part of the decision details at length the history of dispute and describes the
boundary lines claimed by each of the parties.

Next,the chamber discusses that the actual line to be construed and methods to be used in
constructing it .it decides that the line in the gulf must be in to segments to reflect the Change
in the orientation of the coasts from adjacency to oppositeness.

In the last part of judgement ,the court evaluate the line it has constructed to determine
whether it is equitable "in light of all circumstance which may be taken in to account for
purpose of that desicion.The chamber again reviews the claims of historical right and economic
dependence ,deciding that these consideration do not render the line inequitable.

Conclusion
3
I'd.pp 150-155

2
The gulf of Maine case was dispute between us and Canada regarding the maritime boundary
and fisharies' zone.The part of dispute try to apply different principle to make their argument
strong.

In general, Gulf of maine case the chamber applied and extended the principle of the law of
maritime boundary delimitation .The broad fundamental norm of equity was set forth as the
only applicable principle of customary international law , allowing the chamber broad discretion
to decided the case based on whatever criteria and delimitation methods it found appropriate. 4

Comment

1 I appreciate judgement of chamber .The gulf Maine judgement support the latter
position ,asserting that a broad fundamental norm of equity the only applicable principle of
customary international law.

2 Since gulf of Maine Case judgment is the first case that delimiting a single maritime
boundary for both continental shelf and the fisheries zone it may guide us on other case.

3The chamber on its judgment hold the stand that equidistance is not part of general
customary international law .But,the chamber use approximation to equidistance method in
constructing the boundary.It seem contradict with article 565

4
I'd .pp 156-165

5
ICJ statute. Art.56/1/