Master'sOpen Access

The role of the principle of the proportionality in the continental shelf delimitation

2020
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Advisor: Prof. Dr. Ayşe Nur Tütüncü

Abstract (EN)

It is known that the concept of continental shelf was first introduced with the Truman Declaration dated 1945. Then, it took its place in the 1958 Geneva Convention on the Continental Shelf and the 1982 United Nations Convention on the Law of the Sea. The delimitation of the continental shelf is considered to create issues, particularly about overlapping areas between adjacent or opposite states. That's why it can be claimed that the principles for the delimitationof the continental shelf is essential. The proportionality principle, which is one of these principles, was first mentioned in the International Court of Justice's 1969 North Sea Continental Shelf cases. In the later international judicial decisions, it is seen that the concept of proportionality has expanded in geographical and functional and its application has increased. Today, it is possible to encounter this principle in many international judicial decisions regarding continental shelf and exclusive economic zone delimitation. From the point of Turkey, the application of this principle in terms of delimitation of a possible continental shelf in the Aegean Sea and the Mediterranean is essential in order not to prejudice the rights of Turkey. Therefore, it will be suitable to examine the effects of the principle of proportionality in the International Court of Justice, arbitral courts and state practices.

Author

Dr. Nesrin Singil

How to Cite

Nesrin Singil (Master Thesis). The role of the principle of the proportionality in the continental shelf delimitation, 2020, İstanbul University.

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