CASE CONCERNING THE CONTINENTAL SHELFLIBYAN ARAB JAMAHIRAYA / MALTA

Vanessa J. GumbanPublic International Law

Facts

Parties: Libya Malta

Dispute on the delimitation of their respective continental shelf areas Rules and principles Actual delimitation

Summary of Arguments

LIBYA MALTAApplicable source of law

Customary International Law Customary International Law

Basis of title

Principle of Natural Prolongation

• Natural prolongation in the physical sense

• Rift-zone argument

• The continental shelf not absorbed by concept of exclusive economic zone

• Equidistance method is not obligatory

Distance Principle• Natural prolongation is a spatial

concept

• Concept of exclusive economic zone confirms the primacy of the equidistance method

• Distance criterion: physical factors are irrelevant within 200 miles from coast

• Distance principle confers primacy on the equidistance method

Delimitation

Equitable principles Equitable principles

Reasonable degree of proportionality (length of coast line vis-à-vis continental shelf area)

Applicable Source of Law

Customary international law Actual practice of states Opinio juris Multilateral conventions

1982 UNCLOS Not yet in force but both Libya and Malta are

parties Adopted by overwhelming majority May constitute an expression of customary

international law

Basis of Title

Continental shelf and exclusive economic zone are linked together in modern law. Hence, the exclusive economic zone is a relevant

circumstance in delimiting continental shelf areas. Institution of the exclusive economic zone, by

state practice, is part of customary international law. Thus, distance criterion in concept of exclusive

economic zone applies to continental shelf Within 200 miles from shore, natural prolongation is

defined by distance; irrespective of the physical nature of the sea-bed and subsoil.

However, the idea of natural prolongation is not superseded by that of distance. They are complementary and are both essential

elements of the juridical concept of the continental shelf.

Basis of Title

Libya’s rift-zone argument REJECTED Distance of coasts between parties less

than 400 miles Distance criterion applies Natural prolongation in the physical sense

irrelevant

Basis of Title

Malta’s argument on the primacy of equidistance method REJECTED Equidistance method is not obligaory

No state practice Equitable principles may require other

methods

Delimitation

Provisional median line Continental shelf area between opposite coasts

can only be delimited by a median line (North Sea)

Provisional because if it were final, the equidistance method would be conferred a compulsory status

Adjust to achieve equitable result Malta is a small-feature on a semi-enclosed sea Disparity in length of coasts (Libya’s 192 miles

vis-a-vis Malta’s 24 miles) justifies attribution of larger shelf to Libya

Provisional Median Line

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Provisional Median Line

Adjusted Line

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