Median Line Principle in Maritime Boundary Delimitation Tables

Definition and Explanation

The median line principle is a widely accepted method used in international law to establish maritime boundaries between adjacent states with opposite or adjacent coasts. It involves drawing a line equidistant from the baselines of the two states, effectively creating a boundary that divides the maritime space between them.

History and Development

The concept of the median line principle has its roots in the 18th century, when it was first proposed by the German jurist Georg Friedrich von Martens. It gained prominence in the 1950s and 1960s as a result of several landmark cases, including the Anglo-Norwegian Fisheries Case (1951) and the North Sea Continental Shelf Cases (1969).

Legal Basis

The median line principle is recognized as a rule of customary international law. It is enshrined in the United Nations Convention on the Law of the Sea (UNCLOS), which states that “where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured.”

Application and Exceptions

The median line principle is generally applied to delimit maritime boundaries between states with straight coastlines. However, it may not be suitable in situations where the coastline is irregular or there are other geographical features that warrant a different approach.

Exceptions to the median line principle include:

• Historical Bays: Bays that have been historically recognized as being under the exclusive sovereignty of a single state.
• Enclosed or Semi-Enclosed Seas: Where one state encloses or partially encloses another state’s coastline, resulting in a disproportionate allocation of maritime space.
• Islands: The presence of islands may influence the median line, particularly if they are close to the border.
• Equity and Proportionality: In certain cases, equitable considerations may be taken into account when determining the boundary, especially when there is a significant disparity in the lengths of the coastlines or the distribution of natural resources.

Advantages and Disadvantages

Advantages:

• Objectivity and Clarity: The median line principle provides a clear and objective method for delimiting maritime boundaries, reducing the potential for disputes.
• Simplicity and Predictability: It is a straightforward approach that can be easily applied in most cases.
• Acceptability: The median line principle is widely recognized and accepted by the international community.

Disadvantages:

• Geographic Inflexibility: It may not be suitable for complex coastal configurations or where there are geographical features that justify a different boundary.
• Equity Concerns: In some cases, the median line may result in an unfair distribution of maritime space, especially when coastlines are irregular or there are significant disparities in the lengths of the coastlines.
• Simplification: The median line principle may overlook other relevant factors, such as historical or economic interests, that could influence the boundary determination.

Contemporary Applications and Innovations

The median line principle continues to be used in modern maritime boundary delimitation cases. However, there have been ongoing efforts to develop new approaches and refine the application of the principle. These include:

• Extended Median Lines: Extending the median line beyond the territorial sea into the exclusive economic zone or continental shelf.
• Enclave Enclaves: Creating enclaves or exclaves within the median line area to accommodate special circumstances or equitable considerations.
• Sector Lines: Drawing median lines from baselines to points on the outer edge of the exclusive economic zone or continental shelf.

Conclusion

The median line principle remains an important tool in maritime boundary delimitation, providing a generally accepted and objective approach to dividing maritime space between adjacent states. While it has its limitations, it continues to be refined and applied in new and innovative ways to address the challenges of maritime boundary determination in the 21st century.

Table 1: Landmark Cases on Maritime Boundary Delimitation

Table 2: Exceptions to the Median Line Principle

Table 3: Advantages and Disadvantages of the Median Line Principle

Table 4: Innovative Approaches to Maritime Boundary Delimitation