Izvorni znanstveni članak
On frontiers at sea, seabed and its subsoil
Vladimir-Đuro Degan
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
This article deals with the outer limits of sea areas under different legal regimes and their delimitation between the states on the opposite or adjacent coast.
Legal rules on outer limits were explained and analyzed in regard to internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf, open seas and area. Due attention was paid to conventional rules on delimitation of territorial sea and contiguous zone. On the basis of such analyses conclusions were drawn in regard to the transformation of some of these conventional provisions into the rules of general customary international law.
The largest part of this paper deals with problems of delimitation of exclusive economic zone and continental shelf. Article 6 of the 1958 Geneva Convention on the Continental Shelf, and Articles 74 and 83 of the 1982 UN Law of the Sea Convention, were dealt with in the light of the practice of the International Court of Justice and some arbitral tribunals. These provisions were interpreted and applied to the situation of yet unlimited areas in the Adriatic Sea between Yugoslavia, Albania and Italy.
The author's conclusion is that the only possible objective rule of delimitation of these sea areas could be the principle of equidistance and of special circumstances. However, because this was abandoned in the respective provisions of the 1982 Convention, no genuine legal rules exist in the domaine. A judge, when deciding the cases on delimitation of exclusive economic zone, exclusive fisheries zone or continental shelf, exercises in fact his discretionary justice praeter legem.
Ključne riječi
sea frontiers; seabed frontiers; subsoil frontiers; delimitation of sea areas; exclusive economic zone; fisheries zone; continental shelf; territorial waters; UN Law of the Sea Convention (1982);
Hrčak ID:
209712
URI
Datum izdavanja:
20.12.1991.
Posjeta: 1.217 *