Reflections on the Concept of Proportionality in the Law of Maritime Delimitation

Reflections on the Concept of Proportionality in the Law of Maritime Delimitation 433 Reflections on the Concept of Proportionality in the Law of Maritime Delimitation Tanaka Yoshifumi* Graduate Institute of International Studies, Geneva ABSTRACT The concept of proportionality is one of the important relevant circumstances in maritime delimitation. In the case law relating to maritime delimitations, the role of proportionality has been enlarged geographically as well as functionally by international courts and tribunals. However, such an enlarged role of proportionality is not free from problems. Thus, this paper purports to examine the concept of proportionality in maritime delimitation from a critical viewpoint by analysing relevant judgments and state practice. Introduction The concept of proportionality plays an important role in various domains of international law, such as self-defence, international responsibility, treaty law, human rights and humanitarian law.' The law of maritime delimitation is also one such domain where proportionality is of importance. According to that concept, maritime delimitation should be effected taking into account the ratio between the areas of the continental shelf attributed to * The author wishes to thank Professor Caflisch and Professor Thirlway for their useful comments on this subject. The author also wishes to thank his friend, James G. Starron, who proofread the I draft of this http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

Reflections on the Concept of Proportionality in the Law of Maritime Delimitation

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Publisher
BRILL
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
D.O.I.
10.1163/157180801X00162
Publisher site
See Article on Publisher Site

Abstract

433 Reflections on the Concept of Proportionality in the Law of Maritime Delimitation Tanaka Yoshifumi* Graduate Institute of International Studies, Geneva ABSTRACT The concept of proportionality is one of the important relevant circumstances in maritime delimitation. In the case law relating to maritime delimitations, the role of proportionality has been enlarged geographically as well as functionally by international courts and tribunals. However, such an enlarged role of proportionality is not free from problems. Thus, this paper purports to examine the concept of proportionality in maritime delimitation from a critical viewpoint by analysing relevant judgments and state practice. Introduction The concept of proportionality plays an important role in various domains of international law, such as self-defence, international responsibility, treaty law, human rights and humanitarian law.' The law of maritime delimitation is also one such domain where proportionality is of importance. According to that concept, maritime delimitation should be effected taking into account the ratio between the areas of the continental shelf attributed to * The author wishes to thank Professor Caflisch and Professor Thirlway for their useful comments on this subject. The author also wishes to thank his friend, James G. Starron, who proofread the I draft of this

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 2001

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