| ID | 122192 |
| Title Proper | Note on the Nicaragua v. Colombia case |
| Language | ENG |
| Author | Gao, Jianjun |
| Publication | 2013. |
| Summary / Abstract (Note) | The 2012 Nicaragua v. Colombia Case is the second instance where the International Court of Justice has employed the standard method in maritime delimitation since the 2009 Black Sea Case. The "standard method" involves three stages with the construction of a provisional equidistance line as the core of the methodology. There is no legal basis under the UN Convention on the Law of the Sea or customary law for the a priori position given to an equidistance line. Moreover, questions can be raised about the Court's operation at the second stage, which should consist of an adjustment or shifting of the provisional line rather than replacing it. Finally, the use of the disproportionality test as the touchstone for equity of the delimitation line is doubtful. |
| `In' analytical Note | Ocean Development and International Law Vol. 44, No.3; Jul-Sep 2013: p.219-234 |
| Journal Source | Ocean Development and International Law Vol. 44, No.3; Jul-Sep 2013: p.219-234 |
| Key Words | International Court of Justice ; Nicaragua Vs. Colombia Case ; Nicaragua ; Colombia ; Maritime ; UN Convention on the Law of the Sea |