Seminario 1

PUBLIC INTERNATIONAL LAW SEMINAR I: INTERNATIONAL CUSTOM/TREATIES NORTH SEA CONTINENTAL SHELF CASES

I. Facts The Federal Republic of Germany (RFA) celebrated two separate treaties, one with Kingdom of the Netherlands (Convention concluded on 1 December 1964) and the other with the Kingdom of Denmark (Convention concluded on 9 June 1965) concerning the delimitation of the areas of thecontinental shelf in the North Sea which appertain to each of them. The delimitation of the continental shelf was only partially achieved by these treaties; i.e., only short extension of the continental shelf was subject to delimitation. The further negotiations between the Parties for the prolongation of the partial boundaries broke down mainly because Denmark and the Netherlands respectively wished thisprolongation to be effected on the basis of the equidistance principle mentioned in Article 6 of the 1958 Geneva Convention on the Continental Shelf; whereas the Federal Republic considered that the application of the equidistance principle would lead to unfair results; i.e., it would unduly curtail what it believed should be its proper share of continental shelf area, on the basis ofproportionality to the length of its North Sea coastline. On 20 February 1967, the dispute concerning the delimitation of the continental shelf in the North Sea was submitted to the I.C.J. by two special agreements.

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INTERNATIONAL COURT OF J USïïCE

PLEADTNGS, ORAL ARGUMENTS, DOCUMENTS

NORTH SEA CONTINENTAL SHELF CASES
(FEDERAL REPUBLIC OF GERMANYIDENMARK; FEDERAL REPUBLTC OFGERMANYINETHERLANDS)

VOLUME I

COUR INTERNATIONALE DE JUSTICE

M E ~ ~ I R E PLAIDOIRIES ET DOCUMENTS S,

AFFAIRES DU PLATEAU CONTlNENTAL DE LA MER DU NORD
(&

UBLIQUE FEUI?RALE D'A LLEMAGNEIDANEMARK ;

RE PUBLIQUE FEDGRALE U'ALLEMGCNE~PAYS-BAS)
VOLUME I

NORTH SEA CONTINENTAL SHELF

SPECIAL AGREEMENT
FOR THE SUBMISSION TO THE INTERNATIONAL COURT OF JUSTlCE OF A DIFFERENCE BETWEEN THE KINGDOM OFDENMARK AND THE FEDERAL REPUBLIC OF GERlMANY CONCERNING THE DELIMITATION, AS BETWEEN THE KINGDOM OP DENMARK AND THE FEDERALREPUBLIC OF GERMANY, OF THE CONTlNENTAL SHELF IN T H E NORTH SEA.

The Government of the Kingdom of Denmark and the Government of the Federd Republic of Germany, Considering that the delimitation of the coastal continental shelf in the North Sea between the Kingdom ofDenmark and the Federal Republic of Germany has been laid down by a Convention concluded on 9 June 1965, Considering that in regard to the further course of the boundary disagreement exists between the Danish and German Governments, which could not be settied by detailed negotiations, Intending to settle the open questions in the spirit of the friendly and goodneighbourly relations existing betweenthem, Recalling the obligation laid down in Article 1 of the Danish-German Treaty of Conciliation and Arbitration of 2 June 1926 to subrnit to a procedure of conciliation or to judicial settlernent al1 controversies which cannot be settled by diplomacy, Bearing in mind the obligation assumed by them under Articles 1 and 28 of the European Convention for the Peaceful Settlement of Disputes of 29 April1957 to submit to the judgment of the International Court of Justice al1 international legal controversies to the extent that no special arrangement has been or will be made, By virtue of the fact that the Kingdom of Denmark is a party to the Statute of the International Court of Justice, and of the Declaration of acceptance of the jurisdiction of the International Court of Justice made by theFederal Republic of Germany on 29 AprilI961 in conformity with Article 3 of the Convention of 29 April 1957 and with the Resoiution adopted by the Security Council of the United Nations on 15 October 1946 concerning the "Condition under which the International Court of Justice shalf be open to States not Parties to the Statute of the International Court of Justice", Have agreed as follows: Article...