Who won the North Sea continental shelf case?
Analysis of North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands) The Court delivered judgment, by 11 votes to 6, in the North Sea Continental Shelf cases.
Which countries were involved in the North Sea continental shelf case?
These cases concerned the delimitation of the continental shelf of the North Sea as between Denmark and the Federal Republic of Germany, and as between the Netherlands and the Federal Republic, and were submitted to the Court by Special Agreement.
What was held in North Sea Continental shelf case?
In the North Sea Continental Shelf cases the court held that the passage of a considerable period of time was unnecessary (i.e. duration) for the formation of a customary law.
What is the meaning of opinio juris?
an opinion of law or necessity
Opinio juris is a shortened form of the Latin phrase opinio juris sive necessitatis, which means “an opinion of law or necessity.”
Where can I find opinio juris?
In practice, a variety of sources tend to be used to demonstrate the existence of opinio juris, including evidence such as diplomatic correspondence, press releases and other government statements of policy, opinions of legal advisers, official manuals on legal questions, legislation, national and international …
Is the equidistance rule international law?
The equidistance principle, or principle of equidistance, is a legal concept in maritime boundary claims that a nation’s maritime boundaries should conform to a median line that is equidistant from the shores of neighboring nations.
What types of cases does the International Court of Justice handle?
The UN’s International Court of Justice issues both:
- Judgments in contentious cases, resolving disputes between two states.
- Advisory opinions, advising other UN bodies on legal principles.
What is a contentious case?
Contentious cases. The key principle is that the Court only has jurisdiction on the basis of consent. The court has no true compulsory jurisdiction. Jurisdiction is often a key question for the Court, because it is challenged by the respondent.
Is opinio juris international law?
In customary international law, opinio juris is the second element necessary to establish a legally binding custom. Opinio juris denotes a subjective obligation, a sense on behalf of a state that it is bound to the law in question.
What evidence is required for opinio juris?
What is North Sea continental shelf cases?
North Sea Continental Shelf cases. Germany v Denmark and the Netherlands [1969] ICJ 1 (also known as The North Sea Continental Shelf cases) were a series of disputes that came to the International Court of Justice in 1969. They involved agreements among Denmark, Germany, and the Netherlands regarding the “delimitation” of areas—rich in oil
Is the continental shelf a legal institution?
The institution of the continental shelf has ariscn out of the recog- nition of a physical fact; and the link between this fact and the law, with- out which that institution would never have existed, remains an im- portant element for the application of its legal régime.
Who delimits the continental shelf in the North Sea?
(2) The Governments of the Kingdom of Denmark and of the Federal Republic of Germany shall delimit the continental shelf in the North Sea as between their countries by agreement in pursuance of the decision requested from the International Court of Justice.
What were the North Sea shelf disputes?
The disputes were about agreements, or this case disagreements, between Denmark, Germany and the Netherlands, regarding the delimitation of areas of the continental shelf in the North Sea. The parties had organised negotiations in order to find an agreement on the delimitation of the boundaries of the continental shelf.