Pengantar Hukum Internasional

1. NORTH SEA CONTINENTAL
SHELF CASE
Dr. Ahmad Sudiro, S.H., M.H., M.M.
Mariske Myeke Tampi, S.H., M.H.

2. ISSUE:
North Sea Continental
Shelf Case
Germany v Denmark and the
Netherlands (1969). They involved
agreements among Denmark,
Germany, and the Netherlands
regarding the “delimitation” of
areas –rich in oil and gas.

3. The Facts and the Contentious of the Parties
• Equidistance principle:
An equidistance line is one for which every point on the line is equidistant from the nearest
points on the baselines being used. The equidistance principle is a methodology that has
been endorsed by the UNCLOS treaty, but predates the treaty and has been used by the
Supreme Court of the United States, states, and nations to equitably establish boundaries.
Source: "Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the
Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf,"

4. Equidistance principle: Perpendicular bisector

5. RULES: International Legal Basis
• Article 6 of the 1958 Continental Shelf Convention paragraph 1
“Where the same continental shelf is adjacent to the territories of two or
more States whose coasts are opposite each other, the boundary of the
continental shelf appertaining to such States shall be determined by
agreement between them. In the absence of agreement, and unless
another boundary line is justified by special circumstances, the boundary is
the median line, every point of which is equidistant from the nearest points
of the baselines from which the breadth of the territorial sea of each State
is measured

6. International Legal Basis
• Article 6 of the 1958 Continental Shelf Convention paragraph 2
Where the same continental shelf is adjacent to the territories of two adjacent
States, the boundary of the continental shelf shall be determined by agreement
between them. In the absence of agreement, and unless another boundary line is
justified by special circumstances, the boundary shall be determined by application
of the principle of equidistance from the nearest points of the baselines from which
the breadth of the territorial sea of each State is measured.

7. International Legal Basis
• Article 6 of the 1958 Continental Shelf Convention paragraph 3
In delimiting the boundaries of the continental shelf, any lines which are
drawn in accordance with the principles set out in paragraphs 1 and 2 of this
article should be defined with reference to charts and geographical features as
they exist at a particular date, and reference should be made to fixed
permanent identifiable points on the land.

8. Basis of the Court's Jurisdiction in
Contentious Proceedings
1. Special agreement
2. Cases provided for in treaties and conventions
3. Compulsory jurisdiction in legal disputes
4. Forum prorogatum
5. The Court itself decides any questions as to its jurisdiction
6. Interpretation of a judgment
7. Revision of a judgment

9. APPLICATION:
North Sea Continental Shelf Case
• Equidistance principle
• Article 6 of the 1958 Continental Shelf Convention
• ICJ Jurisdiction: based on the consent of the States (Germany,
Denmark, Netherland)

10. CONCLUSION:
North Sea Continental Shelf Case
• Equidistance principle √
• Article 6 of the 1958 Continental Shelf Convention √
• ICJ Jurisdiction: based on the consent of the States (Germany,
Denmark, Netherland) √