Page 352 - The Arabian Gulf States_Neat

288 Tin- LEGAL STATUS OF THE ARABIAN GULF STATES
boundary line is justified by special circumstances, the boundary is the
median line, every point of which is equidistant from the nearest points of
the baselines from which the breadth of the territorial sea of each State is
measured.
2. Where the same continental shelf is adjacent to the territories of two
adjacent States, the boundary of the continental shelf shall be determined
by agreement between them. In the absence of agreement, and unless
another boundary line is justified by special circumstances, the boundary
shall be determined by application of the principle of equidistance from the
nearest points of the baselines from which the breadth of the territorial sea
of each Stale is measured.
3. In delimiting the boundaries of the continental shelf, any lines which
arc drawn in accordance with the principles set out in paragraphs 1 and 2
of this article should be defined with reference to charts and geographical
features as they exist at a particular date, and reference should be made
to fixed permanent identifiable points on the land.

The principle of ‘equidistance', as adopted in the above Article, is
regarded as ‘the most recent innovation' in the technique of demar­
cating the boundaries of two adjacent or opposite States situated on
the same continental shelf.1 Although States can, by agreement, utilise
some other techniques in demarcating their submarine boundaries,
the principle of equidistance is, however, ‘distinguished for its con­
venience, wide-spread applicability and for the equitable result it
generally yields'. According to D. J. Padwa, the line of equidistance—
in other words the median line, consists of ‘a locus of points, each
equidistant from the nearest points on the baselines of adjacent or
opposite States'.2
In the Arabian Gulf, where the littoral States share the same con­
tinental shelf, the proclamations issued by these States have expressed
awareness of this fact by emphasising the need for reaching agreement
among the littoral States on the basis of‘equitable principles’.3 Conse­
quently, it would seem that the median line is equitably the most
applicable boundary line in the Gulf in all cases where there is failure
to reach agreement ‘and unless another boundary line is justified by
special circumstances'.4 It is, of course, questionable whether the
Arabian Gulf littoral States are, necessarily, bound by the principles
of the Geneva Convention of 1958, concerning the division of the
continental shelf, since none of them has ratified or adhered to it.
1 Padwa, op. cit., p. 628.
2 Ibid., pp. 631-2. For the technique of drawing ‘baselines’, see Fitzmaurice,
Sir Gerald, ‘Some Results of the Geneva Conference on the Law of the Sea’,
I.C.L.Q., 8 (1959), pp. 73-90.
3 See above, p. 280 and Appendix IX. ,
4 According to Padwa, D. J., op. cit.,p. 644, the term ‘special circumstances
lacks proper definition, since it ‘can have reference to certain legal, political and
economic considerations as well as geographic ones’. Sec also Young, R., I he
Geneva Convention on the Continental Shelf’, A.J.I.L., 52 (1958), p. 737.