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Equidistance Principle
The equidistance principle, or principle of equidistance, is a legal concept in maritime boundary claims that a nation's maritime boundaries should conform to a median line that is equidistant from the shores of neighboring nations. The concept was developed in the process of settling disputes in which the borders of adjacent nations were located on a contiguous continental shelf: The equidistance principle represents one aspect of customary international law, but its importance is evaluated in light of other factorsDorinda G. Dallmeyer ''et al.'' (1989). such as history: History The United States used equidistance in the 1805 Act of Congress that divided public lands by measurements as close as possible to "equidistant from those two corners which stand on the same line." One of the most notable historical events regarding equidistance is the Argument between Germany, Netherlands and Denmark. All three countries laid claim to a specific area within the ocean. Germany claimed ...
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Legal Concept
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions ...
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Maritime Boundary
A maritime boundary is a conceptual division of the Earth's water surface areas using physiographic or geopolitical criteria. As such, it usually bounds areas of exclusive national rights over mineral and biological resources,VLIZ Maritime Boundaries Geodatabase General info retrieved 19 Nov 2010 encompassing maritime features, limits and zones.Geoscience Australia Maritime definitions retrieved 19 Nov 2010 Generally, a maritime boundary is delineated at a particular distance from a jurisdiction's coastline. Although in some countries the term ''maritime boundary'' represents borders of a maritime nation that are recognized by the United Nations Convention on the Law of the Sea, maritime borders usually serve to identify the edge of international waters. Maritime boundaries exist in the context of territorial waters, contiguous zones, and exclusive economic zones; however, the terminology does not encompass lake or river boundaries, which are considered within the context of la ...
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Equidistant
A point is said to be equidistant from a set of objects if the distances between that point and each object in the set are equal. In two-dimensional Euclidean geometry, the locus of points equidistant from two given (different) points is their perpendicular bisector. In three dimensions, the locus of points equidistant from two given points is a plane, and generalising further, in n-dimensional space the locus of points equidistant from two points in ''n''-space is an (''n''−1)-space. For a triangle the circumcentre is a point equidistant from each of the three vertices. Every non-degenerate triangle has such a point. This result can be generalised to cyclic polygons: the circumcentre is equidistant from each of the vertices. Likewise, the incentre of a triangle or any other tangential polygon is equidistant from the points of tangency of the polygon's sides with the circle. Every point on a perpendicular bisector of the side of a triangle or other polygon is equidist ...
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Border
Borders are usually defined as geographical boundaries, imposed either by features such as oceans and terrain, or by political entities such as governments, sovereign states, federated states, and other subnational entities. Political borders can be established through warfare, colonization, or mutual agreements between the political entities that reside in those areas; the creation of these agreements is called boundary delimitation. Some borders—such as most states' internal administrative borders, or inter-state borders within the Schengen Area—are open and completely unguarded. Most external political borders are partially or fully controlled, and may be crossed legally only at designated border checkpoints; adjacent border zones may also be controlled. Buffer zones may be setup on borders between belligerent entities to lower the risk of escalation. While ''border'' refers to the boundary itself, the area around the border is called the frontier. History In the ...
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Continental Shelf
A continental shelf is a portion of a continent that is submerged under an area of relatively shallow water, known as a shelf sea. Much of these shelves were exposed by drops in sea level during glacial periods. The shelf surrounding an island is known as an ''insular shelf''. The continental margin, between the continental shelf and the abyssal plain, comprises a steep continental slope, surrounded by the flatter continental rise, in which sediment from the continent above cascades down the slope and accumulates as a pile of sediment at the base of the slope. Extending as far as 500 km (310 mi) from the slope, it consists of thick sediments deposited by turbidity currents from the shelf and slope. The continental rise's gradient is intermediate between the gradients of the slope and the shelf. Under the United Nations Convention on the Law of the Sea, the name continental shelf was given a legal definition as the stretch of the seabed adjacent to the shores of a par ...
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United Nations Convention On The Law Of The Sea
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 countries and the European Union are parties. The Convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. It is uncertain as to what extent the Convention codifies customary international law. While the Secretary-General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the United Nations Secretariat has no direct operational role in the implementation of the Convention. A UN specialized agenc ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Status Quo
is a Latin phrase meaning the existing state of affairs, particularly with regard to social, political, religious or military issues. In the sociological sense, the ''status quo'' refers to the current state of social structure and/or values. With regard to policy debate, it means how conditions are, contrasted with a possible change. For example: "The countries are now trying to maintain the ''status quo'' with regard to their nuclear arsenals." To maintain the ''status quo'' is to keep things the way they presently are. The related phrase ''status quo ante'', literally "the status before", refers to the state of affairs that existed previously. Political usage Via social movements the status quo might be overhauled. These seek to alleviate or prevent a particular issue and often to shape social feeling and cultural expression of a society or nation. The status quo is at least in part rejected by their protagonists – progressives – leading the movement. Advocat ...
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Modus Vivendi
''Modus vivendi'' (plural ''modi vivendi'') is a Latin phrase that means "mode of living" or " way of life". It often is used to mean an arrangement or agreement that allows conflicting parties to coexist in peace. In science, it is used to describe lifestyles. ''Modus'' means "mode", "way", "method", or "manner". ''Vivendi'' means "of living". The phrase is often used to describe informal and temporary arrangements in political affairs. For example, if two sides reach a ''modus vivendi'' regarding disputed territories, despite political, historical or cultural incompatibilities, an accommodation of their respective differences is established for the sake of contingency. In diplomacy, a ''modus vivendi'' is an instrument for establishing an international accord of a temporary or provisional nature, intended to be replaced by a more substantial and thorough agreement, such as a treaty. Armistices and instruments of surrender are intended to achieve a ''modus vivendi''. Examples ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizing the actions of nations. It is the world's largest and most familiar international organization. The UN is headquarters of the United Nations, headquartered on extraterritoriality, international territory in New York City, and has other main offices in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and Peace Palace, The Hague (home to the International Court of Justice). The UN was established after World War II with Dumbarton Oaks Conference, the aim of preventing future world wars, succeeding the League of Nations, which was characterized as ineffective. On 25 April 1945, 50 governments met in San Francisco for United Nations Conference ...
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North Sea Continental Shelf Cases
''Germany v Denmark and the Netherlands'' [1969ICJ 1(also known as ''The North Sea Continental Shelf cases'') were a series of disputes that came to the International Court of Justice in 1969. They involved agreements among Denmark, Germany, and the Netherlands regarding the "delimitation" of areas—rich in oil and gas—of the continental shelf in the North Sea. Case context Germany's North Sea coast is concave, while the Netherlands' and Denmark's coasts are convex. If the delimitation had been determined by the Equidistance principle, equidistance rule ("drawing a line each point of which is equally distant from each shore"), Germany would have received a smaller portion of the resource-rich shelf relative to the two other states. Thus Germany argued that the length of the coastlines be used to determine the delimitation. Germany wanted the ICJ to apportion the Continental Shelf to the proportion of the size of the state's adjacent land, which Germany found to be 'a just and ...
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