The Libya/Malta Continental Shelf Case
The subsequent Libya/Malta case, decided by the ICJ in
1986, was significant in that it established a methodology
for the ICJ to approach maritime boundary cases. In the
1983 Special Agreement submitted by the parties, the court
was asked to decide on the “principles and rules of
international law” applicable to the delimitation of the
area – i.e. not to decide on the position of the boundary
itself.
In the case, the court commenced by drawing an
equidistance line between the coastlines of the two states,
and then proceeded to take into account “relevant
circumstances.” In this case, the most significant was the
disparity between the respective lengths of the coastlines
of Libya (192 miles) and Malta (24 miles).
Having ascertained that this disparity should be taken
into account, the court was then obliged to suggest the
extent to which the equidistance line should be adjusted –
and concluded that “a shift of about two-thirds of .the
distance between the Malta-Libya Equidistance line and a
line located 24' further north gives an equitable result.”
In sum, the court decided that the relevant circumstances
and factors to be taken into account included:
(1) "the general configuration of the coasts of the
parties, their oppositeness, and their relationship to each
other within the general geographical context."
(2) the disparity in the lengths of the relevant coasts
of the Parties and the distance between them
(3) the need to avoid in the delimitation any excessive
disproportion between the extent of the continental shelf
areas pertaining to coastal State and the length of the
relevant part of its coast, measured in the general
direction of the coastlines.
Libya had argued that there existed, in the area of the
delimitation, two distinct continental shelves divided by
what it described as a “rift zone,” and that these shelves
should form the basis of the delimitation. However, the
court took the view that “since the development of the law
enables a State to claim continental shelf up to as far as
200 nm from its coast, whatever the geological
characteristics of the corresponding sea-bed and subsoil,
there is no reason to ascribe any role to geological or
geophysical features within that distance.”
“Equitable principles,” in this and subsequent cases,
proved to be of greater importance than geography.