In:
Annuaire français de droit international, PERSEE Program, Vol. 63, No. 1 ( 2017), p. 217-235
Abstract:
The judgment of 23 September 2017 rendered by the Special Chamber of ITLOS concerns the maritime delimitation between Ghana and Côte d’Ivoire and the former’s international responsibility for its activities in the disputed area. Regarding maritime delimitation, the Special Chamber sought to increase the predictability of ITLOS’s decisions as compared to the 2012 Judgment on the Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal. Indeed, the Special Chamber reduced the flexibility in the choice of the method of delimitation and opted for a conservative position as to the determination of the relevant circumstances. Meanwhile, the Special Chamber had the opportunity to contribute to the development of the law of the sea when dealing with Ghana’s international responsibility ; however, this opportunity was missed, which is regrettable. Finally, the judgment is innovative by qualifying maritime delimitation decisions as having a “ constitutive” nature. This innovation is, nonetheless, questionable in that it calls into question the legal nature of the entitlement to the continental shelf.
Type of Medium:
Online Resource
ISSN:
0066-3085
DOI:
10.3406/afdi.2017.5372
Language:
French
Publisher:
PERSEE Program
Publication Date:
2017
detail.hit.zdb_id:
211051-9
detail.hit.zdb_id:
2530156-1
SSG:
2
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