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Continental Shelf (Tunisia/Libyan Arab Jamahiriya)

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Tunisia
Libyan Arab Jamahiriya

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Overview of the case

By a Special Agreement notified to the Court in 1978, it was asked to determine what principles and rules of international law were applicable to the delimitation as between Tunisia and the Libyan Arab Jamahiriya of the respective areas of continental shelf appertaining to each. After considering arguments as well as evidence based on geology, physiography and bathymetry on the basis of which each party sought to support its claims to particular areas of the sea-bed as the natural prolongation of its land territory, the Court concluded, in a Judgment of 24 February 1982, that the two countries abutted on a common continental shelf and that physical criteria were therefore of no assistance for the purpose of delimitation. Hence it had to be guided by “equitable principles” (as to which it emphasized that this term cannot be interpreted in the abstract, but only as referring to the principles and rules which may be appropriate in order to achieve an equitable result) and by certain factors such as the necessity of ensuring a reasonable degree of proportionality between the areas allotted and the lengths of the coastlines concerned.

The Court found that the application of the equidistance method could not, in the particular circumstances of the case, lead to an equitable result. With respect to the course to be taken by the delimitation line, it distinguished two sectors : near the shore, it considered, having taken note of some evidence of historical agreement as to the maritime boundary, that the delimitation (beginning at the boundary point of Ras Adjir) should run in a north-easterly direction at an angle of approximately 26° ; further seawards, it considered that the line of delimitation should veer eastwards at a bearing of 52° to take into account the change of direction of the Tunisian coast to the north of the Gulf of Gabes and the existence of the Kerkennah Islands, to which a “half-effect” was attributed.

During the course of the proceedings, Malta requested permission to intervene, claiming an interest of a legal nature under Article 62 of the Court’s Statute. In view of the very character of the intervention for which permission was sought, the Court considered that the interest of a legal nature which Malta had invoked could not be affected by the decision in the case and that the request was not one to which, under Article 62, the Court might accede. It therefore rejected it.

This overview is provided for information only and in no way involves the responsibility of the Court.

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See other cases involving

See also Application for Revision and Interpretation of the Judgment of 24 February 1982 in the Case concerning the Continental Shelf (Tunisia/Libyan Arab Jamahiriya) (Tunisia v. Libyan Arab Jamahiriya)

Overview of the case

Institution of proceedings

1 December 1978

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Written proceedings

Memorial of Tunisia (French version only)

27 May 1980

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30 May 1980

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Contre-mémoire de la Tunisie (French version only)

1 December 1980

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30 January 1981

Procedure(s): Intervention

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2 February 1981

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2 February 1981

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25 February 1981

Procedure(s): Intervention

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Reply of Tunisia (French version only)

15 July 1981

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15 July 1981

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15 October 1981

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Oral proceedings

Oral Arguments on the Application for Permission to Intervene - Minutes of the Public Sittings held at the Peace Palace, The Hague, from 19 to 23 March and on 14 April 1981, President Sir Humphrey Waldock, presiding

Memorial of Tunisia
(French version only)

Contre-mémoire de la Tunisie
(French version only)

Reply of Tunisia
(French version only)