Mhairi Main Garcia

precaution is taken of eliminating the disproportionate effect of certain islets, rocks

and minor coastal projections.51 Thus, as with geographical features, the
equidistance line may be subject to adjustment or may not be applied where it would
not be equitable to do so.
6.2

Geology
The equidistance rule which applies to the territorial sea under Article 15 of the
Convention is subject to exceptions where it is necessary by reason of historic title
or special circumstances. The International Court of Justice confirmed in the
NicaraguaHonduras case that such special circumstances may include
geomorphological problems.52
Moreover, the International Court of Justice has stated that one of the factors
which should be considered in the negotiation process of delimiting the continental
shelf between states is the physical and geological structure, and natural resources,
of the continental shelf areas involved.53 However, the role of geology has
increasingly been of limited importance in determining equitable solutions in
delimiting the continental shelf.
In the North Sea Continental Shelf cases, the International Court of Justice declared
that boundary delimitation should leave each state as large an area as possible of the
shelf constituting a natural prolongation of its land territory into the sea without
encroaching on similar prolongation of the other state, although this is generally not
relevant where states are less than 400 nautical miles apart. This was recognised in
the Libya v Malta case, where the International Court of Justice stated that whatever
the geological characteristics of the corresponding seabed and subsoil, there is no
reason to ascribe any role to geological or geophysical factors within that distance
either in verifying the legal title of the states concerned or in proceeding to
delimitation as between their claims. It went on to clarify that where verification of
the validity of title is concerned, since, at least insofar as those areas are situated at
a distance of under 200 miles from the coasts in question, title depends solely on the
distance from the coasts of the claimant States of any areas of sea-bed claimed by way
of continental shelf, and the geological or geomorphological characteristics of those
areas are completely immaterial.54

6.3

Other relevant circumstances

There are a number of other relevant circumstances which the International Court
of Justice has taken into account, including defence and security interests,
navigational interests and conservation and management of living resources. The
International Court of Justice has also taken into account historical factors,
observing that the uti possidetis principle may in certain circumstances play a role in
a maritime delimitation, for example in relation to historic bays and territorial seas.55

51
52
53
54
55

Ibid at p 48, para 64.

Above at note 22, at para 291.
North Sea Continental Shelf cases, above at note 20, at p 54, para 101.
Libya v Malta case, above at note 19, at p 35, para 39.
Nicaragua v Honduras case, above at note 22, at para 232.

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