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Libya Vs Malta CS Case
Libya Vs Malta CS Case
Dispute:
The Socialist Peoples Libyan Arab Jamahiriya (Libya)
Libya is not
Both parties are parties to the UNCLOS but it
has not yet entered into force during the time
of dispute.
However, both parties agree that some of the
UNCLOS provision, while not yet into force
constitute customary law; but its upon the
court to determine which these provisions are.
Pertinent UNCLOS
Provisions:
Article 76
Definition of the continental shelf
The continental shelf of a coastal State comprises
Pertinent UNCLOS
Provisions:
Article 83
Delimitation of the Continental Shelf Between
States with Opposite or Adjacent Coast
The delimitation of the continental shelf
Libyas Contention
Basis of Principle: Natural Prolongation
Rift Zone Argument - A deep canyon on the seabed
lying closer to Malta created the natural boundary
between two separate continental shelves and
thus served as an appropriate dividing line.
Relevant Circumstance: Landmass
Landmass Argument - That the landmass provides
the legal justification of entitlement to continental
shelf rights (i.e. Greater land mass = more intense
natural prolongation)
Maltas Contention
Basis of Principle: Equidistance
Primacy of Equidistance The new importance of the
idea of distance from the coast has conferred a
primacy on the method of equidistance for the
purposes of delimitation of the continental shelf.
Relevant Circumstances: Economic Position, Security,
Sovereign Equality of States
Economic Position - The absence of energy resources
on the island of Malta, its requirements as an island
developing country, and the range of its established
fishing activity.
Maltas Contention
Relevant Circumstances: Economic Position, Security,
Sovereign Equality of States
Security - Security and defence interests confirms the
equidistance method of delimitation, which gives each
party a comparable lateral control from its coasts.
Sovereign Equality of States - Since al1 States are
Courts Ruling on
Contentions
On Principles of Natural Prolongation (Libya): Since
Courts Ruling on
Contentions
On Primacy of Equidistance (Malta): That a coastal State
Courts Ruling on
Contentions
On Security as relevant circumstance (Malta): Delimitation
COURT HELD:
The delimitation is to be effected in
Delimitation Process:
STEP
1
STEP 1:
Draw a provisional line between Libya and
Malta, every point of which is equidistant to
the low water-mark of Malta and Libya
Why Provisional Line? The line is subject to
adjustment in light of the relevant
circumstances mentioned
Delimitation Process:
STEP 1
34" 12' N
Libya
equidistant
Delimitation Process:
STEP
STEP 2: 2
Adjust the provisional line in light of the relevant
circumstances considered in the case.
Relevant Circumstance for Median Adjustment
Disparity in the lengths of relevant coasts of the
parties: Malta has a 24-mile long coast while Libya
has 192 miles. This is a relevant circumstance
which warrants adjustment of the median line to
attribute grater area of shelf to Libya
Delimitation Process:
STEP
STEP 2: 2
Adjust the provisional line in light of the relevant
circumstances considered in the case. Relevant
circumstances calls for adjustment towards Malta
How far towards Malta should adjustment be?
Court did not say; the test of proportionality
based on ratio of coast length and the shelf is
impractical according to court. Court deems that
it can make equity assessment without
attempting to express it in figures.
Delimitation Process:
STEP
STEP 2: 2
Adjust the provisional line in light of the relevant
circumstances considered in the case. Relevant
circumstances calls for adjustment towards Malta
How far towards Malta should adjustment be? It
can be farther North than the Median Line
between Italy and Libya. Malta, as an independent
State cannot have a smaller continental shelf
than it would have if it were a part of Italy.
Delimitation Process:
STEP 2
Median line between
Italy and Malta (34 36 N)
Thank you!