Part C Future Challenges, 3 Relevant Coasts, Relevant Areas, and Proportionality: Variances of Approach and a More Discrete Role for Proportionality in the Delimitation Process?

Subject(s):

Fisheries — Coastal states — Continental shelf — Delimitation — Straits — Territorial sea — UNCLOS (UN Convention on the Law of the Sea)

To date, courts and tribunals have taken some markedly different approaches to the identification of relevant coasts and relevant areas, both in framing the context of the dispute and in presenting (or rebutting) arguments for the adjustment of a provisional delimitation line. This means that the parties to many disputes have devoted considerable efforts to presenting their views about the relevant coasts and relevant areas in each case, to suit their own situation and case objectives and thereby maximize the prospects of a favourable result. This section discusses some of the most common issues in dispute, the different approaches taken, and the solutions adopted by courts and tribunals in identifying relevant coasts and areas.