Libya-Malta continental shelf case

The subsequent Libya-Malta case, decided by the International Court of Justice 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.

Full summary of the ICJ Judgement

For documents relating to this case, see the Menas Borders eLibrary.