The use of the equidistance/median line principle and method as the most equitable boundary solution
Date
1986
Authors
Powers, Timothy J.
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Abstract
This thesis examines the principles and methods of maritime boundary delimitation recognized by international law as equitable and thus applicable to the delimitation of an equitable exclusive economic zone and continental shelf boundary. An argument is developed that in contrast to the present pattern of international law wherein a more flexible, individualized framework is emerging, boundary delimitation should retain the traditional fixed rule wherein the equidistance principle enjoyed a pre-eminent function. This argument is based on the belief that in theory and in practice the equidistance principle and method objectively and consistently produce an equitable boundary which is easily administered and readily complied with. The review of the literature on 'other' principles and methods of maritime boundary delimitation largely focuses on the primary and secondary sources of international conventional and customary law. An attempt is made to assess the conformance of these legally declared principles and methods with tenets of natural sciences and resource management. The review of literature on the equidistance principles is largely comprised of the primary and secondary writings of geographers and hydrographers with legal materials also referenced secondarily. The review of the literature on the applicable law shows how law-makers consider the principles and methods proposed to be creative of equity and at the same time how they view the equidistance principle achieves or falters in this regard.
Throughout the literature review, a multi-dimensional theoretical framework is applied whereby not only legal principles are considered but also principles of geography, biology, ecology, and political science are used to assess the equitableness of boundary delimitation principles and methods.
This study adapts this multi-dimensional theoretical framework to the case study. The objective of the case study is to provide through descriptive and graphic information, an evaluation of the practical application of these various 'equitable' principles and methods to delimitation of a disputed maritime boundary. The case study also affords the opportunity to assess the application of these equitable principles and methods to a geographic situation of both coastal adjacency and oppositeness.
While the study does attempt to substantiate the application of the equidistance principle as a general rule of maritime boundary delimitation and also generalize the findings of the case study to wider geographical situations, the study nevertheless recognizes that special circumstances may sometimes occur which warrant a deviation from the general rule.