the delimitation of the continental shelf between denmark, germany...
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THE DEL IM ITAT ION OF THECONT INENTAL SHEL F BETWEENDENMARK , GERMANY AND THE
NETHERLANDS
Alex G. Oude Elferink’s detailed analysis of the negotiations betweenDenmark, Germany and the Netherlands concerning the delimitation oftheir continental shelf in the North Sea makes use of the full range ofgovernment archives in these three States. He looks at the role of interna-tional law in policy formulation and negotiations, and explores the legalcontext, political considerations and, in particular, oil interests whichfed into these processes. The study explains why the parties decided tosubmit their disputes to the International Court of Justice and looks atthe preparation of their pleadings and litigation strategy before theCourt. The analysis shows how Denmark and the Netherlands wereable to avoid the full impact of the implications of the Court’s judgmentby sidestepping legal arguments and insisting instead on politicalconsiderations.
alex g. oude elferink is a senior lecturer at the School of Law,Utrecht University, the Netherlands, where he is also Deputy Directorof the Netherlands Institute for the Law of the Sea and Adjunct Professorat the K. G. Jebsen Centre for the Law of the Sea, University of Tromsø,Norway. He has worked in the field of public international law for overtwenty years, focusing in particular on maritime boundary delimitation.
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Cambridge University Press978-1-107-04146-2 - The Delimitation of the Continental Shelf Between Denmark, Germanyand the Netherlands: Arguing Law, Practicing Politics?A. G. Oude ElferinkFrontmatterMore information
THE DELIMITATION OF THE
CONTINENTAL SHELF
BETWEEN DENMARK,
GERMANY AND THE
NETHERLANDS
Arguing Law, Practicing Politics?
A.G. OUDE ELFERINK
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Don’t mention the War(“The Germans,” Fawlty Towers, Season 1, Episode 6; original air
date: 24 October 1975)
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CONTENTS
List of figures page xiiiAcknowledgments xvList of arbitrations, cases and judgments xviiiList of international instruments and nationallegislation xxAbbreviations xxiv
1 Introduction 1
1.1 Origins and objectives 1
1.2 Outline of the book 3
1.3 On documentary sources 7
1.4 Some miscellaneous points 11
2 The setting 13
2.1 The development of the continental shelf regime 13
2.2 The North Sea 18
2.3 Other delimitation issues of Denmark, Germanyand the Netherlands 20
2.3.1 Introduction 20
2.3.2 Denmark 22
2.3.3 Germany 25
2.3.4 The Netherlands 26
3 The development of the delimitation rule of the Conventionon the continental shelf 32
3.1 Introduction 32
vii
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3.2 The initial reception of the continental shelfregime 33
3.2.1 Denmark 33
3.2.2 Germany 38
3.2.3 The Netherlands 46
3.3 The 1958 Conference on the law of the sea 55
3.4 A comparison of the Danish, Dutch and Germanapproach 59
3.5 Questions in relation to the implications of article 6 forthe delimitation in the North Sea 64
4 Digesting the outcome of the 1958 Conference 69
4.1 Introduction 69
4.2 Denmark 69
4.3 Germany 75
4.4 The Netherlands 89
4.5 The different views on the status of theConvention 92
5 The first phase of the negotiations on the delimitation ofcontinental shelf boundaries in the North Sea 95
5.1 Overture to bilateral negotiations of Germany withDenmark and the Netherlands 95
5.2 The partial boundary between Germany and theNetherlands 103
5.2.1 The first stage of the negotiations 103
5.2.2 The search for a compromise 107
5.2.3 The Dutch assessment of the need for a compromise withGermany 112
5.2.4 The agreement on a partial boundary between Germany andthe Netherlands 120
5.3 The agreement on a partial boundary between Denmarkand Germany 126
viii contents
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5.4 Denmark’s bilateral boundaries with Norway and theUnited Kingdom 132
5.5 The broader framework of the bilateralnegotiations 138
5.6 The bilateral boundaries of the Netherlands with Belgiumand the United Kingdom and the boundary betweenDenmark and the Netherlands 147
5.6.1 Introduction 147
5.6.2 The bilateral boundary between the Netherlands andBelgium 148
5.6.3 The bilateral boundary between the Netherlands and theUnited Kingdom 151
5.6.4 The bilateral boundary between Denmark and theNetherlands 155
5.7 Concluding remarks 157
6 Finding a way out of the deadlock – thesubmission of the disputes to the International Courtof Justice 161
6.1 Introduction 161
6.2 The slow road to agreement on the purpose of furthertalks 161
6.3 The legal arguments for submission to arbitration orthe Court 175
6.4 Agreement to go to the Court 179
6.5 The content of the Special Agreements submittingthe disputes to the Court 185
6.6 Agreement on an interim arrangement 196
6.6.1 Introduction 196
6.6.2 The negotiations between the parties 198
6.7 Was the framework for going to the ICJ satisfactoryand were there any alternatives? 211
contents ix
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7 Interactions between the delimitation in the North Seaand other boundary issues of Denmark and the Netherlandsin the 1960s 218
7.1 Introduction 218
7.2 Denmark – small islands, small problems 218
7.3 The Netherlands 222
7.3.1 Introduction 222
7.3.2 The Netherlands and Suriname – consistency at allcosts? 222
7.3.3 The common interests of the Netherlands and theNetherlands Antilles 237
7.4 Denmark and the Netherlands compared 240
8 The pleadings of Denmark, Germany and the Netherlandsbefore the ICJ 242
8.1 Introduction 242
8.2 The timing of the proceedings 243
8.3 The Memorials of Germany 246
8.3.1 The preparation of the German case and theMemorials 246
8.3.2 The Memorials 251
8.4 The Counter-Memorials of Denmark and theNetherlands 260
8.4.1 The preparation of the Danish and Dutch cases and theCounter-Memorials 260
8.4.2 The Counter-Memorials 268
8.5 Germany’s Replies 278
8.5.1 The preparation of the Replies 278
8.5.2 The Replies 280
8.6 The Common Rejoinder of Denmark and theNetherlands 289
8.6.1 The preparation of the Common Rejoinder 289
8.6.2 The Common Rejoinder 291
8.7 The oral pleadings 300
8.8 The approach of the parties to the pleadings 315
x contents
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9 The judgment of the Court 318
9.1 Introduction 318
9.2 The Court’s consideration of the arguments of theparties 319
9.3 The Court’s guidance to the parties 326
9.4 The judgment’s and individual judges’ views on thepossible location of continental shelf boundaries betweenthe parties 337
10 The negotiations following the judgment 342
10.1 Introduction 342
10.2 Germany’s assessment of the judgment andpreparations for further negotiations 343
10.3 Denmark’s assessment of the judgment andpreparations for further negotiations 347
10.4 The Dutch assessment of the judgment andpreparations for further negotiations 352
10.5 The negotiations – the deconstruction of thejudgment 359
10.5.1 Cracks in the Danish-Dutch front 359
10.5.2 Natural prolongation as a geographical concept? 372
10.5.3 Different approaches of Denmark and the Netherlands:unity in diversity? 383
10.5.4 The German rejection of the initial Dutch and Danishoffers 390
10.5.5 Bringing in the politicians 401
10.5.6 Arguing the law, sort of 413
10.5.7 The Dutch discovery of geology 424
10.5.8 Getting to the center of the North Sea 433
10.5.9 A bearable outcome 441
10.6 Sorting out the roles of politics and law 443
11 The outcomes of the case study in a broaderperspective 449
11.1 Introduction 449
contents xi
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11.2 Salient points of the case study 450
11.3 Theoretical perspectives on the relation betweeninternational law and State behavior 465
11.4 The case study and the theoretical perspectives 473
Bibliography 483Index 496
xii contents
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FIGURES
Figure 2.1 The North Sea: Equidistance lines and the location of the NorwegianTrough page 19
Figure 5.1 Possible compromise solution considered by the Netherlands and aGerman proposal of division based on parity 109
Figure 5.2 Different equidistance lines between Germany and theNetherlands 113
Figure 6.1 Drilling sites on Dutch and Danish equidistance area notified toGermany in accordance with the arrangement of 1 August 1966 209
Figure 8.1 Coastal façades mentioned by Jaenicke during the first and secondround of oral pleadings before the ICJ 306
Figure 8.2 Coastal façades mentioned by Jaenicke during the first and secondround of oral pleadings before the ICJ and alternative Dutch coastalfaçade 310
Figure 10.1 Location of the German sector claim in relation to promising Danishdrillings and the Fyn-Grindsted High 350
Figure 10.2 Preferred outcome of the Dutch Geological Service based onprospectivity of the Dutch equidistance area 354
Figure 10.3 First proposal considered by the Netherlands and German claimexpected by the Dutch 357
Figure 10.4 Dutch view on coastal façades and bisector line boundaries (Danishreconstruction of Dutch figure presented during a bilateral meeting of17 June 1969 and the trilateral meeting of 18 and 19 June 1969) 363
Figure 10.5 German view on natural prolongation presented during the trilateralmeeting of 18 and 19 June 1969 366
Figure 10.6 Different German view on natural prolongation; handed by mistake toambassador Fack during the trilateral meeting of 18 and 19 June1969 367
Figure 10.7 Dutch proposal on a boundary with Germany presented during thetrilateral meeting of 23 and 24 September 1969 377
Figure 10.8 North Sea Area: The Zechstein Basin 380Figure 10.9 Danish proposal on a boundary with Germany based on geological
considerations presented during the trilateral meeting of 4 and 5November 1969 395
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Figure 10.10 German view on natural prolongation as presented during thetrilateral meeting of 4 and 5 November 1969 398
Figure 10.11 Dutch view on natural prolongation as presented during the trilateralmeeting of 4 and 5 November 1969 400
Figure 10.12 Comparison between the division of natural prolongations presentedby Germany in November 1969, division of natural prolongations onmap handed to the Dutch by mistake in June 1969 and the claim ofGermany before the Court 402
Figure 10.13 German proposal during the trilateral meeting of 20 and 21 January1970 419
Figure 10.14 Danish proposal on a boundary with Germany presented during thetrilateral meeting of 20 and 21 January 1970 420
Figure 10.15 Dutch proposal during the trilateral meeting of 19 and 20 February1970 429
Figure 10.16 Map showing structural elements of the continental shelf; introducedby the Netherlands at the trilateral meeting of 19 and 20 February1970 430
Figure 10.17 German proposal on continental shelf boundaries for trilateralmeeting of 19 and 20 March 1970 437
Figure 10.18 Outcome of the negotiations between Denmark, Germany and theNetherlands after the judgment of the ICJ 440
xiv list of figures
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ACKNOWLEDGMENTS
There were times when I thought that what is now this book would neverbe finalized. Before I could start writing I had to do research in archivesin Denmark, Germany and the Netherlands. I decided to start in theDutch archives because these were easily accessible to me and my firstvisit was at the end of 2002. Research in Denmark and Germany tookmore time to organize and in both cases I had to return twice because Ihad identified further materials. I only completed that research by themiddle of 2007. In the meantime, my research was delayed by otherfactors. Consultancy work was playing an ever-more important role inobtaining funding for our research and I had become involved in acouple of major projects involving the Republic of Suriname, a formercolony and autonomous country of the Kingdom of the Netherlands.One of these projects was concerned with the delimitation of the con-tinental shelf and required research in the same archives of the DutchMinistry of Foreign Affairs that I also wanted to consult in connectionwith this book project. To keep my research in the different capacitiesdistinct, I decided to put the latter research on hold. This meant that Ifinally finished my research for this project in the Dutch archives in2008. At that time I had already started to analyze the materials I had atmy disposal and write a first draft, but progress was exceedingly slow.Most of the time I could only steal a couple of hours between other workthat kept piling up. Only in 2011 and 2012 did I finally get substantialtime to write up my findings. This also allowed me to get a good grip onthe project as a whole and piece together the many interrelated episodesfrom the thousands of documents I had collected, something which isjust not possible if you are writing for short periods of time in-betweenall kinds of different assignments. I leave it to the reader to judge theoutcome of my work, but I would like to stress that for me it was a greatsatisfaction to be able to carry out this project and see its final results.
xv
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Although it goes against much of the current ideas about doing legalresearch – with its focus on broad research programs and quantifiedoutput on a yearly basis – I am convinced that real progress in under-standing international law and its relevance for international society isonly possible on the basis of the kind of time-consuming research thatresulted in this book. Otherwise we will never have more than a super-ficial understanding of the workings of the law.
This book has come about with the assistance of many people. It allstarted with the suggestion of Liesbeth Lijnzaad of the Dutch Ministry ofForeign Affairs, when I told her about my idea for this type of project, totake the delimitation between Denmark, Germany and the Netherlandsas a case study. My work in the archives would not have been possiblewithout the able assistance and advice of their staff. It would not bepossible to mention everybody by name, but I would like to mention acouple. Mr. Den Hollander of the DutchMinistry of Foreign Affairs whohosted me at the Ministry’s archives and was always helpful in answer-ing my questions concerning further archive folders that might be ofrelevance and providing me with photocopies. Mr. Knud Piening of thePolitical Archive of the German Foreign Office for providing me withinformation that allowed me to identify the relevant files in the ForeignOffice before going to Berlin and helping me during my research inBerlin. Mr. Kurt Braband of the German Federal Archive and Mrs.Margit Mogensen and Mr. Peter Bundzen of the Danish NationalArchives for doing the same in connection with my visits to, respec-tively, Koblenz and Copenhagen. The staff of the British NationalArchives in London and the staff of the Dutch National Archive inThe Hague. I would also like to acknowledge the financial support Ireceived from the Netherlands Organisation for Scientific Research(NWO) and the School of Law of Utrecht University for my researchin Denmark and Germany. I would like to thank Professor RainerLagoni for reading the manuscript and his encouraging words, andMr. Bart Post for providing research assistance during his internshipat the Netherlands institute for the law of the sea of Utrecht University.My thanks also go to the people who helped to get this book to itsaudience: the staff of Cambridge University Press for providing me withguidance during the editing of the manuscript and David Swanson forhis work on the figures accompanying the text. Many of these figureswere included in original documents that were of rather poor quality
xvi acknowledgments
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and they would not have been accessible to the readership withoutDavid’s excellent job in improving their legibility. Similarly, I want tothank David Cox for further work on the figures during the productionprocess of the book. My special appreciation goes to Professor FredSoons, chair in public international law at Utrecht University. Thanksfor encouraging me to finalize this project and for creating the condi-tions that allowed doing so.
Alex Oude Elferink
acknowledgments xvii
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ARBITRATIONS, CASES AND JUDGMENTS
Aegean Sea Continental Shelf (Greece v. Turkey) p. 375n169
Anglo-French continentalshelf arbitration
Arbitration between the United Kingdomand France on the Delimitation of thecontinental shelf p. 23n14
Anglo-Norwegian fisheriescase
Fisheries Case (United Kingdom v.Norway) p. 51n121, 273, 298, 454
Barcelona Traction case Case concerning the Barcelona Traction,Light and Power Company, Limited (NewApplication: 1962) (Belgium v.Spain) pp. 243–46, 359n92
Continental Shelf (Tunisia/Libyan Arab Jamahiriya) case p. 23n14
Continental Shelf (Libyan Arab Jamahiriya/Malta) case p. 23n14, 329,332n60
Eastern Greenland case Legal Status of Eastern Greenland p. 164
Factory at Chorzów case Case concerning certain German interestsin Polish Upper Silesia p. 422n397
Free zones case Case of the free zones of Upper Savoy andthe District of Gex (France/Switzerland)p. 412, 422
Guyana v. Suriname In the matter of an arbitration betweenGuyana and Suriname
Maritime Delimitation in the Black Sea (Romania v. Ukraine),p. 17n10
Monetary gold case Case of the Monetary Gold Removed fromRome in 1943 (Italy v. France, UnitedKingdom of Great Britain and NorthernIreland and United States of America)p. 304, 321
xviii
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North Sea continentalshelf cases
North Sea continental shelf cases (FederalRepublic of Germany/Denmark; FederalRepublic of Germany/Netherlands) p. 5, 15,137, 143, 150, 168, 220–21, 233, 239, 242–358,457, 475
Nuclear tests cases Nuclear tests case (New Zealand v. France);Nuclear tests case (Australia v. France)p. 422n397
Phosphate lands in Nauru (Nauru v. Australia) p. 187–88
South West Africa cases South West Africa Cases (Ethiopia v. SouthAfrica; Liberia v. South Africa) p. 245, 325
Territorial and Maritime Dispute (Nicaragua v. Colombia) p. 321,327n35
arbitrations, cases and judgments xix
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INTERNATIONAL INSTRUMENTS ANDNATIONAL LEGISLATION
Act of 27 July 1956 concerning the territorial sea, continental shelf,fishery protection and airspace (Venezuela) (English text in A. Szekely(ed.), Latin America and the Development of the Law of the Sea (DobbsFerry, NY: Oceana Publications 1979-. . .), Vol. **, Booklet 20, issuedJanuary 1980, pp. 16–18) pp. 51–52
Act on the provisional regulation of the rights over the continental shelfof 24 July 1964 (Germany) (F. Durante and W. Rodino (eds), WesternEurope and the Development of the Law of the Sea (Dobbs Ferry, NY:Oceana Publications, 1979-. . .), Vol. *, L.24.7.1964 (English andGerman text); English text also available at www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/DEU_1974_Act.pdf) p. 78,n. 58, 81
Agreement between the Government of the Kingdom of Denmarkand the Government of the Kingdom of Norway relating to the delim-itation of the continental shelf of 8 December 1965 (634 UNTSp. 71) pp. 133–137, 141, 160, 259, 379, 389, 452
Agreement between the Government of the Kingdom of the Netherlandsand the Government of the United Kingdom of Great Britain andNorthern Ireland relating to the delimitation of the continental shelfunder the North Sea between the two countries of 6 October 1965 (509UNTS p. 124) pp. 140, 142, 151–155, 258–259, 276, 285, 297
Agreement between the Government of the Kingdom of the Netherlandsand the Government of the Kingdom of Denmark concerning the delim-itation of the continental shelf under the North Sea between the twocountries of 31March 1966 (604UNTS p. 209) pp. 155–157, 276, 285, 297
Agreement between the Government of the United Kingdom of GreatBritain and Northern Ireland and the Government of the Kingdomof Denmark relating to the delimitation of the continental shelf betweenthe two countries of 3 March 1966 (592 UNTS p. 207) pp. 138, 276,285, 297
British Guiana (Alteration of Boundaries) Order in Council, 1954 of 19October 1954 (Statutory Instruments 1954 no. 1372; British Guiana) p. 50
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Continental Shelf Mining Act of 23 September 1965 (the Netherlands)(Stb. 1965, 428) pp. 90, 92, 144, 145, 210
Convention of Arbitration and Conciliation between Germany andthe Netherlands of 20 May 1926 (66 LNTS, p. 103) pp. 168–169, 172,175–179, 181–182, 212
Convention on fishing and conservation of the living resources ofthe high seas of 29 April 1958 (559 UNTS p. 285) pp. 15, 55, 69–70,75, 76, 90
Convention on the continental shelf of 29 April 1958 (499 UNTSp. 311) pp. 2–4, 9, 15, 16–17, 20, 32–33, 55, 56, 58, 60, 64–68, 69–76,78–79, 81–82, 85, 87, 89–92, 94, 95, 98–100, 102–105, 115–116, 118–120,121–122, 124, 127–129, 131, 137, 145, 147, 149, 152, 158–159, 162,167–169, 173, 186, 189, 197, 218, 226, 228, 232, 234–236, 246–250,255, 265, 268–269, 271, 274–275, 278–282, 285–286, 289–291,295–302, 316, 322, 325, 342, 388, 451–454, 478–479
Convention on the high seas of 29 April 1958 (450 UNTS p. 82) pp. 15,55, 69–70, 76, 90
Convention on the territorial sea and the contiguous zone of 29 April1958 (516 UNTS p. 205) pp. 11, 15, 55, 63, 69–70, 75, 90, 152, 333, n. 66
Decree of 5 October 1963 (Denmark) [DNA/145] pp. 71, 72, 84Decree of 13 October 1964 (Suriname) (MS, Annex 15) p. 228European Convention for the Peaceful Settlement of Disputes of 29
April 1957 (320 UNTS p. 243) pp. 177–179, 182Optional Protocol of Signature concerning the compulsory settlement
of disputes of 29 April 1958 (450 UNTS p. 169) pp. 55, 69, 75–76, 78,90, 169
Pearl Fisheries Act of 17 September 1953 (Commonwealth ofAustralia Gazette no. 38 (1953)) pp. 47–48Presidential Proclamation no. 2667, concerning the Policy of the
United States with respect to the Natural Resources of the Subsoil andSea Bed of the Continental Shelf of 28 September 1945 (UNLS, ST/LEG/SER.B/1, p. 38) pp. 14, 16, 127, 254, 286
Proclamation by the Governor-General concerning the continentalshelf of 11 September 1953 (Commonwealth of Australia Gazette no. 56(1953)) pp. 47–48
Proclamation of the Federal Government on the exploration and exploi-tation of the German continental shelf of 22 January 1964 (F. Durante andW. Rodino (eds),Western Europe and the Development of the Law of the Sea(Dobbs Ferry, NY: Oceana Publications, 1979-. . .) (German and Englishtext), Vol. *, L.22.1.1964; English text also available at www.un.org/Depts/
instruments and legislation xxi
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los/LEGISLATIONANDTREATIES/PDFFILES/DEU_1964_Declaration.pdf) pp. 80–81, 83, 197, 299
Royal Decree of 7 June 1963 concerning the exercise of Danishsovereignty over the Continental Shelf (www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/DNK_1963_Decree.pdf) pp. 71,72, 74, 84, n. 93
Rules of Court of the International Court of Justice as adopted on6 May 1946 (S. Rosenne, The International Court of Justice (Leyden:A.W. Sythoff, 1961), p. 543) pp. 194, 198, 244
Special Agreement for the submission to the International Court ofJustice of a difference between the Kingdom of Denmark and the FederalRepublic of Germany concerning the delimitation, as between theKingdom of Denmark and the Federal Republic of Germany, of thecontinental shelf in the North Sea of 2 February 1967 (606 UNTSp. 97) pp. 184, 185–191, 194, 195–196, 244, 282, 292, 302–303, 322,403–404, 443–444, 460
Special Agreement for the submission to the International Court ofJustice of a difference between the Kingdom of the Netherlands and theFederal Republic of Germany concerning the delimitation, as betweenthe Kingdom of the Netherlands and the Federal Republic of Germany,of the continental shelf in the North Sea of 2 February 1967 (606 UNTSp. 105) pp. 185–191, 193, 195–196, 230, 244, 282, 292, 302–303, 322,403–404, 443–444, 460, 481
Statute for the Kingdom of the Netherlands of 15 December 1954 (Stb.1954, 503) pp. 30–31, 228, n. 45
Statute of the International Court of Justice (http://treaties.un.org/doc/Publication/CTC/uncharter.pdf) pp. 169, 176, 178, 188, 191–192,198, 243, n. 2, 244, 263, 281, 295
Supplementary Agreement to the Treaty concerning arrangements forco-operation in the Ems Estuary (Ems-Dollard Treaty), signed betweenthe Kingdom of the Netherlands and the Federal Republic of Germanyon 8 April 1960 of 14May 1962 (509 UNTS p. 124) pp. 96–97, 108, 111,121–123
Treaty between His Majesty in respect of the United Kingdom and thePresident of the United States of Venezuela relating to the SubmarineAreas of the Gulf of Paria of 26 February 1942 (Limits in the Sea no. 11(1970)) pp. 14, 16, 51
Treaty between the Federal Republic of Germany and the Kingdom ofDenmark concerning the delimitation of the continental shelf near thecoast of 9 June 1965 (570 UNTS p. 91) pp. 4, 126–131, 146, 148, 155,
xxii instruments and legislation
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160, 161, 163, 174, 187, 196, 200, 211, 276, 285, 292, 297, 302, 314, 407,432, 436, 439, 464, 476
Treaty between the Federal Republic of Germany and the Kingdom ofthe Netherlands concerning the lateral delimitation of the continental shelfnear the coast of 1 December 1964 (550 UNTS p. 123) pp. 4, 103–126,142, 147, 159–160, 163, 174, 187, 196, 200, 270, 276, 285, 292, 297, 302,314–315, 355, 436, 439, 464, 476
Treaty between the Kingdomof theNetherlands and the Federal Republicof Germany concerning arrangements for co-operation in the Ems Estuary(Ems-Dollard Treaty) of 8 April 1960 (508 UNTS p. 64) p. 96
Treaty between the United States of America and the Union of SovietSocialist Republics on the Limitation of Anti-Ballistic Missile Systems of26 May 1972 (944 UNTS p. 14) pp. 470–471
Treaty of Arbitration and Conciliation between Germany and Denmarkof 2 June 1926 (61 LNTS p. 325) pp. 168–169, 172, 175–179, 181–182, 212
United Nations Convention on the law of the sea of 10 December 1982(1833 UNTS p. 396) p. 15
Vienna Convention on the law of treaties of 23 May 1969 (1155 UNTSp. 331) pp. 3, 65
instruments and legislation xxiii
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ABBREVIATIONS
AA Auswärtiges AmtAJIL American Journal of International LawB BundesarchivBIPM Bataafsche Internationale Petroleum MaatschappijCMS Counter-Memorial of Suriname (Guyana v. Suriname)CR Common Rejoinder of Denmark and the Netherlands (ICJ
Pleadings, North Sea continental shelf cases, Vol. I)DAEB Danish Embassy in BonnDCM Counter-Memorial of Denmark (ICJ Pleadings, North Sea
continental shelf cases, Vol. I)DEC Dutch Embassy in CopenhagenDEB Dutch Embassy in BonnDis. op. Dissenting opinionDNA Statens Arkiver; RigsarkivetDUC Dansk Undergrunds ConsortiumEms-Dollard Treaty Treaty between the Kingdom of the Netherlands and the
Federal Republic of Germany concerning arrangements forco-operation in the Ems Estuary of 8 April 1960
FM Foreign MinisterFO Foreign OfficeGEH German Embassy in The HagueGM Memorial of the Federal Republic of Germany (ICJ
Pleadings, North Sea continental shelf cases, Vol. I)GR Reply of the Federal Republic of Germany (ICJ Pleadings,
North Sea continental shelf cases, Vol. I)ICJ International Court of JusticeICJ Pleadings International Court of Justice, Pleadings, Oral Arguments,
DocumentsICJ Reports Reports of Judgments, Advisory Opinions and Orders; The
International Court of JusticeICLQ International and Comparative Law QuarterlyILC International Law CommissionK. I Proceedings of the First Chamber of ParliamentK. I (BH) Parliamentary Papers, First Chamber of Parliament
xxiv
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K. II Proceedings of the Second Chamber of ParliamentK. II (BH) Parliamentary Papers, Second Chamber of ParliamentLNTS League of Nations Treaty SeriesME Ministry for the EconomyMFA Ministry of Foreign AffairsMG Memorial of Guyana (Guyana v. Suriname)MiFA Minister of Foreign AffairsMS Memorial of Suriname (Guyana v. Suriname)NAM Nederlandse Aardolie MaatschappijNATO North Atlantic Treaty OrganizationNCM Counter-Memorial of the Netherlands (ICJ Pleadings, North
Sea continental shelf cases, Vol. I)OP Oral Pleadings (ICJ Pleadings, North Sea continental shelf
cases, Vol. II)PCIJ, Series A/B Permanent Court of International Justice; Series A/B,
Judgments, Orders and Advisory OpinionsRG Reply of Guyana (Guyana v. Suriname)RS Rejoinder of Suriname (Guyana v. Suriname)Sep. op. Separate opinionSpecial Agreements Special Agreement for the submission to the International
Court of Justice of a difference between the Kingdom ofDenmark and the Federal Republic of Germany concerningthe delimitation, as between the Kingdom of Denmarkand the Federal Republic of Germany, of the continentalshelf in the North Sea of 2 February 1967; Special Agreementfor the submission to the International Court of Justice of adifference between the Kingdom of the Netherlands and theFederal Republic of Germany concerning the delimitation,as between the Kingdom of the Netherlands and the FederalRepublic of Germany, of the continental shelf in the NorthSea of 2 February 1967
Stb. Staatsblad van het Koninkrijk der NederlandenUN United NationsUNCLOS I Off. Rec. United Nations Conference on the Law of the Sea; Official
RecordsUNLS United Nations Legislative SeriesUNRIAA Reports of International Arbitral AwardsUNTS United Nations Treaty SeriesYearbook ILC Yearbook of the International Law CommissionZaöRV Zeitschrift für ausländisches öffentliches Recht und
Völkerrecht
list of abbreviations xxv
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