Maritime Delimitation

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A Commentary on the 2023 Nicaragua v Colombia case  

On 13 July 2023, the International Court of Justice (ICJ or the Court) handed down its long-awaited judgment on the merits in the Nicaragua v Colombia case concerning the delimitation of the continental shelf beyond 200 nm. An overview of the judgment and observations upon it by Hilde Woker have already been posted on this blog. This comment builds on this, and offers some additional observations concerning its implications, in particular for maritime boundary delimitation. From the outset, this has been a difficult case for the Court, and it is worth recalling that the Court upheld its jurisdiction to adjudicate the matter in a controversial judgment in 2016 to which seven judges appended a joint dissenting opinion, while Judge Donoghue added an individual dissenting opinion. It is also important to remember that the question which the Court now answers in its recent judgement is a question which the Court itself, and not the parties, formulated: in its Order of 04 October 2022, it formulated the following two questions:…

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On the Question of opinio juris in Nicaragua vs. Colombia (Judgement 13 July 2023)

Introduction The recent judgment of the International Court of Justice on the Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia) is, so to speak, making waves, despite the holiday period (eg here and here). The Court had…

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Preliminary reflections on the ICJ Judgment in Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan Coast (Nicaragua v. Colombia) of 13 July 2023

Almost 10 years after Nicaragua instituted a second delimitation case against Colombia, with respect to the delimitation of the continental shelf beyond 200 nm, the International Court of Justice (ICJ) issued a long-awaited (but surprising) judgment on 13 July 2023, thereby concluding the case. As one may remember, the ICJ seemed to have bifurcated the…

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Recommendations on the Russian Federation’s Proposed Outer Continental Shelf in the Arctic Area

On 6 February 2023 the Commission on the Limits of the Continental Shelf (CLCS) made its recommendations to the Russian Federation under Article 76(8) and Article 3 of Annex II to the United Nations Convention on the Law of the Sea (UNCLOS) in regard to the Arctic area. The Russian submission was initially made in…

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Some Observations on the Agreement between Lebanon and Israel on the Delimitation of the Exclusive Economic Zone

Introduction On 11 October 2022, Lebanon and Israel reached a historic agreement to delimit the two countries’ territorial seas and Exclusive Economic Zones (EEZ) in the Eastern Mediterranean Sea (‘the Agreement’). The Agreement is ground-breaking for several reasons. First, it is the first maritime boundary agreement reached between countries that have no diplomatic relations.

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