해양경계획정에서 지질 및 지형적요소의 효과에 관한 고찰

Abstract

A reference to natural prolongation appeared for the first time in the North Sea Judgement. Although it was not suggested that the concept of natural prolongation would automatically allow for the fixing of a continental shelf boundary, that concept encouraged States to request international tribunals to determine continental shelf boundaries on the basis of the geological and geomorphological features of the seabed. In the Libya v. Malta Case, however, the rejection of geological and geomorphological factors was total. Especially, Natural prolongation was the then checkmated as a relevant fact in delimitation between coasts situated less than 400 nm. apart. There can be no doubt that, in several disputed cases, prominent geomorphological variations are simply ignored ; nevertheless, there are also a few agreementswhere geological and geomorphological characteristics come into play and, to a certain extent, affect maritime boundaries. Physical characteristics of sea-bed are generally given serious consideration in the boundary delimitation such as the final negotiated boundary of the Australia-Indonesia Continental Shelf boundary Agreement(Timor and Arafura seas) which follows the continental slope bordering the Timor Trench.