The natural prolongation principle or principle of natural prolongation is a legal concept introduced in
maritime claims submitted to the
United Nations.
The phrase denotes a concept of
political geography
Political geography is concerned with the study of both the spatially uneven outcomes of political processes and the ways in which political processes are themselves affected by spatial structures. Conventionally, for the purposes of analysis, po ...
and
international law that a nation's
maritime boundary should reflect the 'natural prolongation' of where its land territory reaches the coast.
Oceanographic descriptions of the land mass under coastal waters became
conflated and confused with criteria that are deemed relevant in border delimitation. The concept was developed in the process of settling disputes if the
borders of adjacent nations were located on a contiguous continental shelf.
An unresolved issue is whether a natural prolongation defined scientifically, without reference to equitable principles, is to be construed as a "natural prolongation" for the purpose of maritime
border delimitation or maritime boundary disputes.
History
The phrase ''natural prolongation'' was established as a concept in the ''North Sea Continental Cases'' in 1969.
The relevance and importance of ''natural prolongation'' as a factor in delimitation disputes and agreements has declined during the period in which international acceptance of
UNCLOS III has expanded.
The ''Malta/Libya Case'' in 1985 is marked as the eventual demise of the ''natural prolongation'' principle being used in delimiting between adjoining national maritime boundaries.
[Highet, ]
The Bay of Bengal cases in the early 2010s (Bangladesh v Myanmar) and (Bangladesh v India) likewise dealt a blow to natural prolongation as the guiding principle for delimitation of the continental shelf more than 200 nautical miles beyond baselines.
See also
*
Equidistance principle
References
Sources
* Capaldo, Giuliana Ziccardi. (1995). ''Répertoire de la jurisprudence de la cour internationale de justice (1947-1992).'' Dordrecht: Martinus Nijhoff Publishers. ; ;
OCLC 30701545* Dorinda G. Dallmeyer and Louis De Vorsey. (1989). ''Rights to Oceanic Resources: Deciding and Drawing Maritime Boundaries.'' Dordrecht: Martinus Nijhoff Publishers.
OCLC 18981568* Francalanci, Giampiero; Tullio Scovazzi; and Daniela Romanò. (1994). ''Lines in the Sea.'' Dordrecht: Martinus Nijhoff Publishers.
OCLC 30400059*
Kaye, Stuart B. (1995). ''Australia's maritime boundaries.'' Wollongong, New South Wales:
Centre for Maritime Policy (
University of Wollongong).
OCLC 38390208
{{DEFAULTSORT:Natural prolongation principle
Borders
Maritime boundaries