Article

International maritime delimitation process

Jianjun Gao *
Author Information & Copyright ▼
*Professor, Department of International Law, China University of Political Science and Law. Address: No. 25, Xitucheng Road, Haidian District, Beijing, 100088, China. E-mail: gaojianjun@yahoo.com.

© Copyright 2021 Korea Maritime Institute. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Received: Jul 19, 2010; Accepted: Nov 29, 2010

Published Online: Dec 31, 2010

ABSTRACT

International maritime delimitation is a process consists of several stages. Recently, international tribunals tend to follow a uniform process for delimitation, that is, first drawing an equidistance line, then considering whether there are factors calling for the adjustment or shifting of that line. However, the ultimate goal of maritime delimitation is to achieve an equitable solution, which is the requirement of the governing rule and is of higher rank than the application of equidistance. Where equidistance can not contribute to effecting an equal division of the area of overlapping entitlements, which would happen in some continental shelf delimitation, it is not appropriate to start the delimitation by a provisional equidistance line. The role of the relevant circumstances in delimitation has shifted from indicating the delimitation method to verifying that the result of the application of the provisional equidistance line, is not, in light of the particular circumstances of the case, perceived as inequitable, and, if necessary, to modifying the provisional line.

Keywords: maritime delimitation; equidistance; relevant circumstances; disproportionality test


Notice on Journal Discontinuation


The KMI International Journal of Maritime Affairs and Fisheries will discontinue publication following the 2026 Winter Issue, its final issue.

New manuscript submissions will no longer be accepted, while previously published articles will remain accessible through the KMI website.
(KMI International Journal of Maritime Affairs and Fisheries | Journals | Publications | KOREA MARITIME INSTITUTE)

Meanwhile, beginning in 2027, the journal will transition into a new English-language publication aimed at promoting KMI’s research achievements to a wider international audience.

We sincerely thank our authors, reviewers, Editorial Board members, and readers for their continued interest and contributions to the journal.

 

Editorial Office


I don't want to open this window for a day.