Les frontières maritimes en droit international - Mutations et perspectives

The boundaries of territorial waters are not as stable as boundaries on land. Nowadays, indeed they are characterised by their very mobility. No doubt the reason for this is political. A state which sought to further her own interests by enlarging her domain within her own waters would encounter no sovereign opposition. Additonally, with the collapse of the traditional "understanding" regarding the conception of -and the criteria governing -maritime boundaries. nations chose the most effective methods of appeasing their own needs and appetites. This was achieved with the maximum ingenuity. The natural boundary myth was shaken sometimes before and sometimes simultaneously with, the cultivation of negotiating skills or, from a position of strength. the imposition of "political limits". Fruitful sources of approximation were provided by phenomena such as low-water mark, the continental shelf. the Humboldt current and so on. As for accuracy. however. this was obtained by the application of geometrical methods such as calculation on a straight line basis or by equidistance or. again. by numeric evaluation : expression of distance in nautical miles. The general effect of this medley of arguments - or pretexts - has been to add to the fluctuating nature of sea boundaries rather than contribute to their stability. In fact. the only way stabilisation of these boundaries is usually achieved is by confrontation between two or more adjacent and competing sovereign states once the question of demarcation has been hammered out. The ocean, "man's common heritage", seems to have entered a phase of parcelling out, of sharing. [NOT CONTROLLED OCR]