@article{article_1517041, title={Geometry of Equitable Principles: The Role of Appropriate Base Points in the Three-Stage Delimitation Process}, journal={DEHUKAM Journal of the Sea and Maritime Law}, volume={7}, pages={155–188}, year={2024}, author={Sumer, Murat}, keywords={Three-Stage Delimitation, Appropriate Base Points, Provisional Delimitation Line, Equidistance Method, Equitable Principles}, abstract={UNCLOS neither indicates nor necessitates any specific methodology for the delimitation of the Continental Shelf and Exclusive Economic Zone. The Convention suffices to enshrine the ultimate goal of achieving an equitable result. Thus, the tedious task of developing methodological approaches is left to the international judicial bodies. The decisions of the ICJ, ITLOS and arbitral tribunals have indeed played a crucial role in the formation and elucidation of the methods of maritime boundary delimitation law. In this context, the 2009 Black Sea judgment marked a significant evolution in maritime boundary delimitation by extending the two-stage process to a three-stage approach. The said approach has been favoured as it offers more clarity and consistency. However, there seems to be a risk of treating this useful methodological approach for disguising the equidistance line as the mandatory methodology which has been consistently rejected by both the case and treaty law since 1969 North Sea Continental Shelf cases. The prioritization of the strict equidistance method as a mandatory delimitation line is problematic and it would not be compatible with the objective and purposes of Articles 74 and 83. Otherwise, the compromise and balance offered by UNCLOS would be undermined by giving equidistance methodology a more dominant role.
Against this backdrop, this article underscores the crucial role of the selection of the most appropriate base points as an initial step in the construction of provisional delimitation line. Such a selection is indeed instrumental in mitigating the any inequitable outcome that may result from the employment of strict equidistance method.}, number={1}, publisher={Ankara University National Center for the Sea and Maritime Law}