Description
This book analyses the negotiations between Denmark, Germany and The Netherlands concerning the delimitation of their continental shelf.
This analysis of the negotiations between Denmark, Germany and The Netherlands concerning the delimitation of their continental shelf in the North Sea uses relevant government archives to provide insights into the legal and political considerations which feed into policy formulation and negotiations.
This analysis of the negotiations between Denmark, Germany and The Netherlands concerning the delimitation of their continental shelf in the North Sea uses relevant government archives to provide insights into the legal and political considerations which feed into policy formulation and negotiations.
Alex G. Oude Elferink's detailed analysis of the negotiations between Denmark, Germany and The Netherlands concerning the delimitation of their continental shelf in the North Sea makes use of the full range of government archives in these three States. He looks at the role of international law in policy formulation and negotiations, and explores the legal context, political considerations and, in particular, oil interests which fed into these processes. He also explains why the parties decided to submit their disputes to the International Court of Justice and looks at the preparation of their pleadings and litigation strategy before the Court. The analysis shows how Denmark and The Netherlands were able to avoid the full impact of the implications of the Court's judgment by sidestepping legal arguments and insisting instead on political considerations.
1. Introduction; 2. The setting; 3. The development of the delimitation rule of the Convention on the continental shelf; 4. Digesting the outcome of the 1958 conference; 5. The first phase of the negotiations on the delimitation of the continental shelf of the North Sea; 6. Finding a way out of the deadlock - the submission of the disputes to the International Court of Justice; 7. Interactions between the delimitation in the North Sea and other boundary issues of Denmark and The Netherlands in the 1960s; 8. The pleadings of Denmark, Germany and The Netherlands before the ICJ; 9. The judgment of the Court; 10. The negotiations following the judgment; 11. The outcomes of the case study in a broader perspective.
'This is an impressive piece of research … The book is highly recommended for all who are interested in international negotiation and the politics and practice of international litigation. It is well edited, well illustrated and well indexed.' Michael Wood, Netherlands International Law Review
Chapter
3 The development of the delimitation rule of the Convention on the continental shelf
3.2 The initial reception of the continental shelf regime
3.3 The 1958 Conference on the law of the sea
3.4 A comparison of the Danish, Dutch and German approach
3.5 Questions in relation to the implications of article 6 for the delimitation in the North Sea
4 Digesting the outcome of the 1958 Conference
4.5 The different views on the status of the Convention
5 The first phase of the negotiations on the delimitation of continental shelf boundaries in the North Sea
5.1 Overture to bilateral negotiations of Germany with Denmark and the Netherlands
5.2 The partial boundary between Germany and the Netherlands
5.2.1 The first stage of the negotiations
5.2.2 The search for a compromise
5.2.3 The Dutch assessment of the need for a compromise with Germany
5.2.4 The agreement on a partial boundary between Germany and the Netherlands
5.3 The agreement on a partial boundary between Denmark and Germany
5.4 Denmark’s bilateral boundaries with Norway and the United Kingdom
5.5 The broader framework of the bilateral negotiations
5.6 The bilateral boundaries of the Netherlands with Belgium and the United Kingdom and the boundary between Denmark and the Netherlands
5.6.2 The bilateral boundary between the Netherlands and Belgium
5.6.3 The bilateral boundary between the Netherlands and the United Kingdom
5.6.4 The bilateral boundary between Denmark and the Netherlands
6 Finding a way out of the deadlock – the submission of the disputes to the International Court of Justice
6.2 The slow road to agreement on the purpose of further talks
6.3 The legal arguments for submission to arbitration or the Court
6.4 Agreement to go to the Court
6.5 The content of the Special Agreements submitting the disputes to the Court
6.6 Agreement on an interim arrangement
6.6.2 The negotiations between the parties
6.7 Was the framework for going to the ICJ satisfactory and were there any alternatives?
Annex – List of drillings in equidistance areas of Denmark and the Netherlands after interim arrangement of 1 August 1966
7 Interactions between the delimitation in the North Sea and other boundary issues of Denmark and the Netherlands in the 1960s
7.2 Denmark – small islands, small problems
7.3.2 The Netherlands and Suriname – consistency at all costs?
7.3.3 The common interests of the Netherlands and the Netherlands Antilles
7.4 Denmark and the Netherlands compared
8 The pleadings of Denmark, Germany and the Netherlands before the ICJ
8.2 The timing of the proceedings
8.3 The Memorials of Germany
8.3.1 The preparation of the German case and the Memorials
8.4 The Counter-Memorials of Denmark and the Netherlands
8.4.1 The preparation of the Danish and Dutch cases and the Counter-Memorials
8.4.2 The Counter-Memorials
8.5.1 The preparation of the Replies
8.6 The Common Rejoinder of Denmark and the Netherlands
8.6.1 The preparation of the Common Rejoinder
8.6.2 The Common Rejoinder
8.8 The approach of the parties to the pleadings
9 The judgment of the Court
9.2 The Court’s consideration of the arguments of the parties
9.3 The Court’s guidance to the parties
9.4 The judgment’s and individual judges’ views on the possible location of continental shelf boundaries between the parties
10 The negotiations following the judgment
10.2 Germany’s assessment of the judgment and preparations for further negotiations
10.3 Denmark’s assessment of the judgment and preparations for further negotiations
10.4 The Dutch assessment of the judgment and preparations for further negotiations
10.5 The negotiations – the deconstruction of the judgment
10.5.1 Cracks in the Danish-Dutch front
10.5.2 Natural prolongation as a geographical concept?
10.5.3 Different approaches of Denmark and the Netherlands: unity in diversity?
10.5.4 The German rejection of the initial Dutch and Danish offers
10.5.5 Bringing in the politicians
10.5.6 Arguing the law, sort of
10.5.7 The Dutch discovery of geology
10.5.8 Getting to the center of the North Sea
10.5.9 A bearable outcome
10.6 Sorting out the roles of politics and law
11 The outcomes of the case study in a broader perspective
11.2 Salient points of the case study
11.3 Theoretical perspectives on the relation between international law and State behavior
11.4 The case study and the theoretical perspectives
2.1 Political Archive of the Foreign Office
3.2 Ministry of Foreign Affairs
3.3 Ministry of Economic Affairs
The Delimitation of the Continental Shelf between Denmark, Germany and the Netherlands
：Arguing Law, Practicing Politics?
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