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DELIMITATION OF MARITIME
BOUNDARIES
RAFAEL ALEJANDRO LAGMAY
DRAGON
!!!
Albania Position:
While Corfu Channel is a strait geographicall
not an international highway where right of p
exists because:
1)Not a necessary route between two high se
2)Hardly used in international navigation; us
exclusively for local traffic
CORFU CASE: STRAITS
Albania Position:
COQUIA
COQUIA
h 1955 (PHL Position Paper): all waters around, between and connecting
nt islands belonging to the Philippine archipelago, irrespective of their wi
ension are necessary appurtenances of the land
y forming an integral part of the national or inland waters, subject to the
ve sovereignty of the Philippines
pine position:
ne archipelago consists of a continuous chain of islands or islets in such
aight baselines could be easily drawn between appropriate points on ou
or eyelets in such a way to encircle the whole archipelago without cross
onably large expanses of water without infringing the principles laid dow
ernational Court of Justice in the Anglo-Norwegian case
COQUIA
COQUIA
COQUIA
Principles:
1. An archipelagic state, whose component islands and other
natural features form an intrinsic geographic, economic and
political entity, and historically have or may have been
regarded as such may draw straight baselines connecting the
outermost points of the outermost islands and drying reefs of
the archipelago from which the extent of the territorial sea of
the archipelagic state is or may be determined.
2. The waters within the baselines, regardless of their depth
of distance from the coast, the seabed and the subsoil
thereof, and the superjacent airspace, as well as all their
resources, belong and are subject to the sovereignty of the
archipelagic state.
3. Innocent passage of foreign vessels through the waters of
archipelagic State shall be allowed in accordance with its
national legislation, having regard to the existing rules of
international law. Such passage shall be through sealanes as
may be designated for the purpose by the archipelagic state
COQUIA
COQUIA
Article 52
Right of innocent passage
COQUIA
Article53
Right of archipelagic sea lanes
passage:
COQUIA
Conclusions:
GULF OF MAINE
Facts:
GULF OF MAINE
Issue:
Both: DELIMITATION IN
EQUITABLE PRINCIPLES
ACCORDANCE
Canada:
-Art. 6 Geneva Convention
-Arts. 74 and 83 UNCLOS
USA: Georges Bank claim
-primary coast
- 9 geographical circumstances
- broad claim of predominant interest
WITH
GULF OF MAINE
Arguments:
GULF OF MAINE
Ruling:
THANK YOU!
GONG XI FA CAI!