North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. The Netherlands).

Abstract

International law in general — Sources — General and customary international law — Equity — Application of equitable principles and adjudication ex aequo et bono distinguished.

Treaties — Conclusion and operation of — Signature — Accession and adhesion — Whether acceptance by conduct.

Treaties — Conclusion and operation of — Effect of treaties on third parties — Geneva Convention on Continental Shelf, 1958 (Article 6(2)) — Whether applicable to State which has not ratified it — Whether accepted by conduct — Whether representing general or customary international law.

Treaties — Interpretation of — Principles and rules of — Interpretation by reference to purpose of treaty — European Convention on Human Rights, 1950 (Articles 5 (3), 5 (4) and 6 (1)).

Treaties — Interpretation of — Consideration of preparatory work — Geneva Convention on Continental Shelf, 1958 (Article 6 (2))Whether representing general or customary international law.

Disputes — International Court of Justice — Contentious jurisdiction — The law applicable — Equity — Application of equitable principles distinguished from adjudication ex aequo et bono.

State territory — Parts of — Continental shelf — Boundaries — Adjacent States — Delimitation — Principles of — Geneva Convention on Continental Shelf, 1958 (Article 6 (2)) — Equidistance method of delimitation — Whether applicable to State which has not ratified Convention — Whether general or customary international law Delimitation by agreement in accordance with equitable principles — Factors to be taken into account.