Abstract
The delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred nautical miles is based on distance, while the entitlement beyond two hundred nautical miles is based on geology and geomorphology. Considering that the four existing judicial decisions delimiting the extended continental shelf deal with adjacent States, the article raises the issue of whether current judicial practice on delimitation of the extended continental shelf between adjacent States serves as a model for opposite States. The discussion is underpinned by the search for predictability and flexibility.
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