II. | Substantive International Law - Second Partv |
1. | TERRITORY OF STATES |
1.2. | Boundaries |
1.2.2. | Maritime Boundaries |
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East Timor (Portugal v. Australia),
Judgment, I.C.J. Reports 1995, p. 90
[p. 110 S.O. Oda] In fact, Australia's original title to the
continental shelf in the "Timor Gap" cannot be challenged at all by
any State or by any people. Under the contemporary rules of international law,
Australia is entitled ipso jure to its own continental shelf in the southern
part of the Timor Sea but at the same time a State which has territorial
sovereignty over East Timor, and which lies opposite to Australia at a distance
of roughly 250 nautical miles, has the title with respect to the continental
shelf off its coast in the northern part of the "Timor Gap"
(see sketch-map: vertical hatching). How far each continental shelf extends is
determined not in geographical terms but by the legal concept of the
continental shelf.