Memorial of the Libyan Arab Jamahiriya

MEMORIALOF THE
LIBYANARABJAMAHIRIYA

MÉMOIRE
DE LAJAMAHIRIYAARABELIBYENNE INTRODUCTION

1. ~his Mernorial is filed in accordance with the Order made by the
Vice-Presidentof the Court in the presentcaseon 20 February 1979fixing
30May 1980as the time-limit for the filingof Mernorialsbythe Republic
ofTunisia (hereinafter referred toas "Tunisia") and the SocialistPeople's
Libyan Arab Jarnahiriya (hereinafter referred to as "Libya")'. The
Order was made having regardto Article 48 of the Statute of the Court
and therelevantArticlesofthe RuIesofCourt and taking intoaccount the
Special AgreementbetweenTunisia and Libya signedat Tunison 10June
1977bywhichthe Parties agreedto haverecourseto the Court concerning
the questionofdelimitationofthe areas ofthe continental shelfappertain-
ing to the two States.

2. TheSpecialAgreement was signedon OJune 1977and instruments
of ratification were exchangedin Tripoli on 27 February 1978. It was
ootitied to theCourt, in accordancewith Article 5 of the Speciai Agree-
ment. by letter dated 25 Novernber 1978 fromthe Minister of Foreign
Amairs of Tunisia which wasfiled inthe Registry of the Court on 1
December 1978. That letter alsotransmitted a copyoftheSpecialAgree-

ment in the Arabic language together witha translation into French. On
2 December 1978, Libya receiveda telegrarn fromthe Registrar of the
Court informingit of the notificationof the Special Agreement andon 10
January 1979 also receiveda letter from the Registrar to the same efiect.
3. Bya letter dated 14February 1979,the Secretary of ForeignAffairs

of Libya transmitted a copy of the Special Agreement in Arabic to the
Registrar together witha translation in English certifiedas accurate2. As
indicated in paragraph 3 of the letter, the original Arabic text is the
authentic text of the Special Agreement. It is the only authentic text.
Libya, however,has regarded the English translation enclosed withthat
letter asa true and correct translationand (in addition to the observations
set forth in paragraphs 5through 8 below) reiterates its reservation with
respect to any discrepancies between the English translation and the
French translation mentioned in paragraph 2 above. Unless a contrary
intention is expressed or appears from the context, references in this

Mernorialto the textofthe Special Agreementare to the Arabic text and,
as appropriate, to the English translation enclosed withthe letter of 14
February 1979.
4. The English translation of the Special Agreement readsas follows:

[See SpecialAgreement,pp. 26-27, supra]

The teim "Libya"refertothe State of Libya andils govern, hateverthe formof
govcrnmentat the relevanttime.aasmay appcartrornthecontcxalsototheterritory
whichnowbclongs tothe SocialistPcoplc'sLibyan ArabJarnahiriya.
'Copiesofthelettcrdatcd14Feb. 1979andthe original AttxtandEnglish translation
O-LtheSpccial Agreement arc attaascAnnex1-1.456 CONTINENTALSHELF [3-41
5. The role assigncdto the Court by the Special Agreement is defined

in Articles 1 through 3. In this connection, the Parties have agreed to
have recourseto the Court to facilitate the delimitation by thernselvesof
the area of the continental shelfappertaining to Libya and the area of the
continental shelfappertaining to Tunisiainaccordance with thejudgment
of the Court and with itsexplanalionsand clarifications (ifany should be
required).

6. Article 1of the Special Agreement requests theCourt to render a
judgment. Pursuant to Article 38 of the Statute of the Court and Article
1of the SpecialAgreement,that judgment isto reflectthe relevant princi-
plesand rulesof international lawfor the delimitation bythe Parties of the
areas referred to in paragraph 5 above.

In Article 1 the Parties also request the Court to take its decision-

"...accordingto equitable principles,and the relevant circumstances
whichcharacterise the area, as wellas the newaccepted trends in the
Third Conferenceon the Law of the Sea'."

This reference to "equitable principies" does not confer power on the
Court iodecidethe case ex aequoet bono,sincehere, asin the NorthSea

Continental Sheif Cases-

"[tlhere is ..no question in this case of any decision ex aequo et
bono,such aswouldonly be possibleunder the conditions prescribed
by Article 38, paragraph 2, of the Court's Statute2."

7. Althoughthe second paragraphof Article 1 of the Special Agree-
ment requeststhe Court "...toclarifythe practical method forthe applica-
tion of these principles and rules in this specificsituation..."it does not
transfer the task of delimitation from the Parties to the Court. The
expresspurpose of the request made !O the Court in that paragraph isto
obtain sufficientclarificationof the practical method forthe applicationof
these principies and rules to enable the experts of the two countries to
delimit the areas without any difficulties. Accordingly,there is no foun-
dation for the insertionof the words"avec précision"in the expression"de
clarifieravec précision tamanière pratique"inthe firstlineofparagraph 2
of Article 1 in the French translation3transmitted to the Court with the

Tunisian letter dated 25 Novernber 1978 since the original Arabic text
providesno justification fortheir insertion.

'Sec para. 82 below and fn. 2 at p. 35 bctow with regardto the Informal Composite
Ncgotioting Texr/Revision2.Third UnitedNationsConferencc LawtoftheSca. Any
rcfcrcnccsto thc workof theConferenccin the Special Agreementor in ihis Mernorialor
ihcx procccdingsgcnerallyshoubcwithourprejudicetoanyposition takcnorbctaken
by Libyainconntctionthtrewith.
'I.C.J.Reports 1969, p. 48, p88..
Sec Annex 1-2foracopyofthe FrcnchtranslationoftheSpecialAgreementassubmittedta
the Registrarby the TunisianMinisterof ForeignAflairs.[51 MEMORIAL OF LIBYA 457
8, If further explanationsor clarifications shouldbe required toenable
the Parties to determine the line of delimitatiof the continental shelf
areas, it is clear that they may be sought under Articleof the Special
Agreement. Atthe presentstage no issueturns onArticle 3,but it maybe
observedthat the power under that Article is not confinedto mere inter-
pretationof the judgment under Article 1. By virtue of Article 3, any
such explanations and clarifications-as wellas the judgment under Arti-
cle 1-will be binding on the Parties.

9. In cornpliancewith Article 49 of the Rulesof Court, this Memorial
is divided into the followingparts:
Part 1containsa statement of the relevant facts,includingthe histofy
the matter, the historical background of the area as a whole, and the
geologicaland geographical facts relating to the areaconcerned.

Part II contains a statement of the law.
Part IIIcontains the legal arguments developedby Libya in support of
its Submissions,together with application ofese arguments to the facts
of this case.
Part IV contains a summary of the Memorial.

The finalportion of the Memorial sets forth Libya's Submissions tothe
Court.
In addition, documentscitedin this Memorial, togetherwith Englishor
French translations ifthe text isnot in one of the officiallanguagesof the
Court, are filedherewith in Volume1of the Annexes. VolumeII of the
Annexes consistsof a geologicalStudy. PREFATORY NOTE
10. At the outset, imay be useful to point out that, as willbe evident
from the history of their discussions,the Parties have, to the present,
had occasionto definemajor factual and legal issueswhichmust form the
predicate of any dispute androvidea necessaryfocus for resolution. In
the presentcase, Mernorialsare beingfiledsimultaneouslyagainst a back-
ground of some uncertainty and confusion concerning facts and issues
upon which the Parties have relied or may intendtorely. Certain posi-
tions have been taken, and claims asserted, during a sporadic course of
discussions. These may, ormay not,continu toerefleccurrent views. It
is, accordingly, a prime function of the present proceedings to pro-
vide-for the firsttime-an occasion forthe mutual effortofthe Parties to
marshal facts and formulate issues which, from their respective view-
points,providea focusfor the Court's deliberationswithinthe framework

envisagedby the Speciai Agreement. ThisMernorialseeksta accomplish
this goal, with an economy intended toavoid an excess of anticipatory
rebuttal of unpredictable contentions,hile at the same tirne stressing
those preponderant considerationsof fact and law which, in the viewof
Libya, lead to and justify its Submissions. Libya reservesthe right to
supplement these considerations and its Submissionsin the light of the
Tunisian pleadingsand the further developmentof the issues betweenthe
Parties. PART1

THEFACTS

CHAPTER1

GENERAL HISTORICAL BACKGROUND
11. Part I of this Memorial is concerned with factual background
whichisofsignificanceto an examinationof TheLaw (Part II) and to the

Applicationof the Law to theFocis (Part III). It commences witha .
brief sumrnary of general historicai background.
12. Libya becamean independentState on 24 December 1951. Tuni-
sia became an independent State on 20 March 1956. Independence, so
recently achieved by bothiLibya and Tunisia, was the culmination of
centuriesof varying degrel of foreign domination. This had continued
from at least as earty asithe Seventh CenturyBC. The history of that

domination and the emergence of Libya and Tunisia to independence is
outlined verybrieflyin the followingparagraphs. (The positionof Libya
and Tunisia on the African Continent is portrayed byMap No. il.)
1.3. The traditional territory of Libya consofthree parts, Cyrena-
ica, Tripolitania and Fezzan, correspondingto the three provincesat the
date of independence. Cyrenaica and Tripolitania borderonthe Mediter-
ranean Sea and Fezzan is inland to the south. Cyrenaica was first colo-

nized by Greeks. and later came under the control of the Ptolernies
followedby the Romans. Tripoliwasoriginally aPhoenician colonyand
becamedependentonCarthage. It alsofellunderthe powerof Rome. In
the Fifth Century both Tripoli and Cyrenaica were conquered by the
Vandals, but in the followingcentury their power wasdestroyed by the
Byzantines.

14. In the middle of the Seventh Century the whole country came
under Arab control and Christianity gave placeto Islam. There followed
a period ofmany centuries during which the government of Tripoii was
linked withthat of Tunis. Inthe middleof the 16thCentury the territory
became a partofthe Ottoman Empire, whosepowersoon becameconsid-
erably weakened; between 1714 and 1835 Tripoli was practically inde-
pendent. In 1835the Ottomans took advantage of a civilwar to reassert
their direct authority, whichcontinuedntil the Italians occupiTripoli
in 1911.

15. The Italo-Turkish War of 1911-1912 ended with the Treaty of
Ouchy bywhichthePorte recognizedltalian sovereignty overthe province

-
1Map No. 1andtheotherspeciallypreparcdmapsincorporintothis Memorii.c..
@@ Mq Nos.2.3.4.and81wcrcprepareby theDcpartmcntfCartographieervicesthe
.Universityof MarylandwiththeassistDr.G. EtzctPtarcy.formerlyTheGeogra-
phcr, UnitedStates Departmcftatc.460 CONTINENTALSHELF [lo]

of Tripoli, but fightingcontinued between the Libyans and the Italians.
Bythe spring of 1914 the Italians had occupiedthe wholecountry. Dur-
ing World War1,however, Italy's control was limited tokeypoints on the
coastalarea. After a periodof uncertainty, Italy initiated fresh effortsin
1921to reestablishcontrol. Early in the 1930s,ltaly succeededinsubdu-
ing the entire country, and the administration becamealmost exclusively
Italian. In 1934 the colony was renamed Libya (the ancient name for
Africa) and, in 1939, the territory of Libya was incorporated into the
metropolitan Kingdomof Italy. WorldWarII brought reversesof fortune

for Italy in North Africa. Bythe springof1943,the Italo-German forces
were expelledfrom Libya. British forcesoccupied Cyrenaica and Tripoli-
tania and French forces occupied Fezzan;the entire area was accordingly
placed under Allied military administration.
16. Bythe Italian PeaceTreatyof 1947, ltaly formally renouncedtitle
to Libyaand the future of Libya wasreferredtothe United Nations. This
ledin December 1951to the establishmentof a united Libyaas a kingdom
with a federal constitution. Foreign troops remained present, however,
until the completionof the evacuationof British and United States forces
in 1970. Meanwhile, on 27 April 1963, the federal constitution was
abolishedand Libya became a unitary State. On 1September 1969,the

King wasdeposedand Libya was proclaimedthe Libyan Arab Republic.
On 2 March 1977 it was proclaimed the Socialist People'sLibyan Arab
Jamahiriya.
17. Asregards Tunisia, there is no need for the purposesof this brief
historical reviewto go further back than the establishment of Carthage
(now a suburb of Tunis) by the Phoenicians. The Romans, who sup-
planted the Carthaginians, held swayin Tunisia untilousted by the Van-
dais who took Carthage in AD 439. The provincewas recovered by the
Romans in AD 533-534and remained Roman until they weresupplanted
byArabs in the middleof the SeventhCentury. Latin culture and Chris-

tianity were replacedby Islamwhich wasreadily acceptedby the Tunisian
people.
18, During the 16th Century, the Ottomans established control over
Tunis and the surrounding areas. Up to 1705,politicalpower wasin the
hands of a "Dey" clected by the "janissaries" of the Ottomanarrny. In
that year, the ruling "Dey"was kiiled in battle. Powerwas assumed by
the Beys, whose rule continued until the 20th Century. Although the
Beyswere besetboth by frequent warswithAlgiersand byacute financial
problems, the powerof the Porte virtually became reduced to a claim of
suzerainty. Duringthe 19thCentury, France came to regard Tunisiaas a
natural adjunct to Algeria, and during the second half of the Century

mounted increasing pressure against the Beys.
19. In 1881, a French force crossed the Algerian frontier, quickly
captured the capital, and compeiledthe Beyto accept the French protec-
torate. In spite of serious Moslem opposition,especiallyat Sfax, Tunisia
was then brought completely under French control. In 1883, the new
situationunder the French protectorate was recognized by the BritishII Il MEMORlAL OF LIBYA 461

government. The other powersfollowedsuit, except Italy and the Porte.
Italy recognizedthe full consequencesof the French protectorate in896.
20. The Treaty of Bardo 1881 (as amplifiedby the Convention of Al

Marsa 1883) provided forthe transfer ofthe foreignrelationsand military
security of Tunisia to France. Otherwise,the Bey was in theory left an
absolute ruler, although in fact he was under French control. The posi-
tion of the French grew stronger, but in1907 began to meet opposition
from the Tunisian people. In 1920, nationalist Tunisians claimed the
emancipationofTunisia as a nation. This was,in effect,the beginningof
a long struggle for independence. EventuaHy,the Tunisian governrnent
secured Frenchrecognitionof Tunisia'sindependenceon 20 March 1956.
21. Tunisia and Libyahavehistoricallybeen bothdistinct and closely-
related. Apart from their geographic links as neighbours, they have
Arabic as a commonlanguage and the religionand culture of Islam as a
common heritage. Both countries, therefore, have strong incentives for
cooperation and unified action. CHAPTER II

SPECIFICHISTORY OF THEBOUNDARIES

22. The land boundary between Tunisiaand Tripolitania was deter-
rniriedby the Conventiso nnedon behalfof the Ernperorof theOttomans
and the Beyof Tunis on 19May 1910 (the "1910 Convention"). A copy
of the 1910 Convention is attached as Annex 1-3'. According to a recent
study by Professor lan Brownlie:

"During the period of Turkish rule in Tripoti, France and Turkey
entered into one or more agreements concerned with delimitation.
The status of these agreements is obscure and the results were less
than definitive'."

It is unnecessary at this stage to examine the question of these supposed
"agreements". On the other hand, it is important to note that, at least
prior to 1887,the Tunisian boundary with the Turkish vilayet of Tripoli
started atElBibanand ran inland froma pointat the middleofthe narrow
entrance to the Bahiret El Biban. The location wasat 33" 16'N, 11" 19'
E; ihis is nearly 32 kilometres in a westerly direction Jrom Ras Ajdir

(33" 10'N, 11 " 33'E)3,the point fromwhich the land boundary started
according to Article 1 of the 1910 Convention.
23. Indeed, a reviewof Libyan/Tunisian land boundaries in modern
timesdernonstrates that the leifmotifof that history is a continuing east-

ward movementof the boundary at the hands of coIoniaIpowers.
24. .There is in fact evidencethat early inthe 19thCenturythe bound-
ary between the vilayet of Tripoli and the territories of Tunis wasconsid-
ered 10 beevenmuch furlher to the West. This rnayhave beenas far West
as the town of Gabes (33" 53' N, 10"06' E)'. However, irrespectiveof

the weight ofthis evidence,it isan indisputable fact that the land bound-
ary reached the sea at El Biban (through Wadi Fessi), and maps prior to
1887so indicate5. Map No. 2 (facing this page) portrays the land bound-
ary and adjoining coastlines of Libya and Tunisia.

'Thelandboundaryterminahg at RasAjdir isdcscribedand discuinihis Mernoriin
terms of the 1910Conventionin thc conofthesc proceedingsonly.
AnnexN1-4. la.: African Boundaries.LondoC.Hurst& Company. 1979,p.141. Sce
'Coordinatcswntained inthis Mernorialarederivedfrom the followingsources:Mediterra-
neanPilot: 10thedition.Taunton, England,Hydrographerof the Navy, 191;Medi-
terraneanPilot:6th edition.Taunton.England,Hydrogrofthe Navy, 1976,Vol.5;and
separatc Gazetteers for Libya (1973) and Tunisia (1964) bythesBoard of Geo-
graphicNames,UnitedStates Departrncofthe Inlerior,WashingD.C. Inaccordancc
with Article,para.2of theRulesof Court,copiesof 1and 5oftheMedirerranePilor
and oftheGazetteershavebeendcpositcdwith theRegistrar.FortheconvoftheCourt.
a glosmryof placenamesis sct lorth as Annex1-28.
'Sec Annex1-6.photographiccopy of a rnap publishcd in London (1814). appcaring in
Pinkerron'sModernArlos.
'MARTELA . ndré:LesConfinsSahoro-Tripolitains de la Tunisie.Tome Premier. Paris,
PressesUniversitairesdt Paris. 1965.p. 374 (a copy of this pageisattachcd as Annex1-5);
and forcxamplcthe photographiccopiesof 1830and GerrnanmapsfoundinAnnexId. fi31 MEMORIAL OF LIBYA 463

25. The eastward shift of the boundary point from El Biban to Ras

Ajdir was due not to natural features, but rather to external political
forces: France desired to protect and expand its interests in Algeria and
Tunisia; the power of the Ottoman Empire, still nominal suzerain of
Tunisia and sovereign of Tripolitania, was on the wane; and Italy, with
reluctant support from the Austro-Hungarian Empire, Germany and
Great Britain, had well-known pretensionsagainst Ottoman possessions.
In this politicalatmosphere, France had nodifficulty withthe initial stages
of her intervention in Tunisia which began in 1881. France rapidly occu-
pied Tunis and the northern parts of the country and later extended her
grip to the south. Penetration to the south and east against Libyan
territory followed,the target of France being, not the adjacent maritime
areas, but the acquisition of territories, wells and caravan routes and
rnilitaryrtiads inland. Jt was only in 1887 and afterwards that France

succeeded in establishing defacto military contro1over the whole of the
Bahiret El Biban. Ottoman representations were ineffective to stop
French penetration, and large numbers of Tunisians crossed the tradi-
tional border and settled in Tripolitanian territory to the easDuring the
next two or three decades France was able to consolidate her position,the
Ottoman Empire being in a state of final decline, Italy being tooweak to
intervene and other European powersadopting an attitude of indifference.

26. Thus, France succeeded inobtaining legal confirmationof its de
facto position through the 19lOConvention between the Sultan and the
Bey ofTunis'. As appears from the preambfe of the 191OConvention, the
principal negotiators on the Tunisian side were French. There were no
Libyans in the Ottoman delegation. In 1910-1911, the .Tuni-
sia/Tripolitania boundary was demarcated in accordance with the 1910

Convention (seeparagraphs 27 and 28 below and the map accompanying
the 1910 Convention, attüched to this Mernorial as Anne.r 1-72). On
29 Seplember 1911, ltaly declared war on the Ottoman Empire. Having
protected her interestsby the 1910Convention. France adopted a "wholly
cordial" attitude towards Italy. French support wastooimportant for Italy
to try to reopen the territorial settlement secured by France. ltaly quickly
defeated the Ottomans and estahlished sovereignty over Tripolitania.
ltalian sovereigntyover the three provincesof ~ibyacontinued until iwas
renounced following World War Il(see paragraph 16abovr).

27. The express purpose of the 1910 Convention was,according to its
prearnble, to delimit the boundaries of Tunisia and Tripolitania between
the Mediterranean and the region ("le territoire dépendant") of the town

of Cihadames. The delimitation was confined to the land boundary start-
ingat Ras Ajdir on the Coastand running in a roughly southerly direction,
as isplain from the provisions ofArticles 1and 2. The 1910Convention
. makes no mention of any pre-existing agreement. On the other hand, it
does contain interna1 evidence of the motives which inspired itand the

'A copyof thc teof the1910 Conventionisattachcas Annex 1-3.
2 Nol reproduced.Seetheportion ofthismap Facingpage14. [Norehy the Regisiw.]464 CONTINENTALSHELF 1141

circumstances in which it was made. As indicated above, the French
target appears to have beento secure water resourcesand military routes
inland in order to link its northern colonial possessions withits colonial

possessionsto the south. The importance of wellsand water appears from
paragraph 2of Article 2, and Articles 1and 2contain interna1evidenceof
the significanceattached to communications,especially military roadsl.
28. The sub-commission forthe demarcation of the boundary, estab-

lishedin accordancewithArticle 3ofthe 1910Convention,carried out its
task betweenNovember 1910 andFebruary 1911. Its report was signed
on 1March 1911. For the purposesof demarcation, the sub-commission
used pillars (erected where necessary) andcertain natural features. The
first mark was pillar 31on the Mediterranean coast atRas Ajdir. From
there the boundary ran more or less south to the most southerly mark,
pillar 233 at Garet Hamel. (The last part of the boundary, between
pillars 220 and 221, in fact now forms the beginning of the boundary
betweenLibya andAlgeria.) The resulting land boundarybetweenLibya

and Tunisia was approxirnately460 kilometres long.
29. Sincethe 1910Conventioncontained no provisions forthe delimi-
tation ofthe territorial sea, the sub-commissionofcourse placedno marks
beyond pillar31 on the coast. The 1910Conventionis not explicitwith

respect to a maritime boundary. However, itdoes indicate in Article 1
that:
"The boundary between the Regency of Tunis and the Vilayet of
Tripoli shallstart at Ras Ajdir, on the Mediterranean, inngenerally
norrh-souihdirection2."

In light of the boundary direction establishedby Article 1 of the 1910
Convention, itrnaybeassurned,absent an agreement to the contrary, that
the boundary onthe seawardsideofRas Ajdir wouldcontinue,or couldbe

expectedto continue,in the same,that isa northerly, direction. Thereare
no natural features to lead to any different conclusion,and it wouldalso
accord with the configurationof the coastline at that point.
A portionofthe map attached to the 1910Convention (a copyofwhich

is attached as Annex 1-7) is reproduced opposite this page.

See Annex 1-3.
'Translationas includedInternational BoundaSiudy :ibya -TunisiaBoundary.'
7Apr.n1972,pp.1Oand2. Copiesof the relevantpagesare attachedAnnexa1-8. In121,
accordancewithArt.50,para2of the RulesCourt,a copyofthewholeofthis document
hasbccndepositedwith the Registrar. CHAPTERIII

CENERALHISTORY OF DISCUSSIONS
BETWEENTHE PARTIES

30. Having regard to the nature of the request made to the Court in
this Case, itwould not, in the viewof Libya, be of much assistance to the
Court to examine in any detail the history of "negotiations" betweenthe
Parties. As the history shows,there was virtually no discussion of the

questionof delimitation. Libya wasgenerally seekinga formula forjoint
exploitation, while Tunisia apparently was concerned mainly with estab-
lishingand extending its claims to areas of the continental shelf. Insuch
circumstances, there was no prospectof fruitful or "meaningful" negotia-
tions. Nevertheless, itmay be ofassistance to the Court to cal1attention
to some of the highlights of the discussions.

31. On 21 April 1955, Libya issued Petroleum Law No. 25 of 1955
(the "Petroleum Law") which was published inGazette No. 4 on 19June
1955 and became effectiveon 19 July of that year. In accordance with

Article 24of the Petroleum Law, Petroleum Regulation No. 1thereunder
(the "Petroleum Regulation") was promulgated on 16 June 1955 and
published,together with an officia1mapof Libya entitled "Map No. 11",in
Gazette No. 7 on 30 August 1955. It came into force onthe sarneday as
the Petroleum LawZ.

32. The Petroleum Law and the Petroleum Regulation provide the
basisfor the explorationand exploitationof al1petroleum inLibya bothon
land and offshore. By Article 1 of the Petroleum Law, al1petroleurn in
Libya in its natural stateinstrata isthe property of the Libyan State and

no person shall exploreor prospect for, mineor produce petroleum in any
part of Libya unlessauthorized bya permit or concessionissuedunder the
Petroleum Law. For this purpose, Article 3 divides Libyan territory into
four Petroleurn Zones. The first of these Zones includes the regions of
Tripoli, the Western Mountains, Zawia, Al Khums and Misurata; the
other three Zonesare ofnoparticular concernforthe purposesof thiscase.

33. Paragraph (1) ofArticle 4 ofthe Petroleum Lawisof importance.
It providesas follows:

"This Law shall extend to the seabed.and subsoil which lie beneath
the territorial watersand the high seas contiguous thereto under the

'Referencesto "MapNa. 1"shouldnot beconfusedwith Map No.1 facing p. 8 above.
BoththePetroleumLawandthe Petroleum Regulatiohavenow bcenamendedbut iisnot
considcrcd that aof the amendmentsarc relevtatthe prcsentcase. CopiesArts.1
through9(8)inclusiveIO.19,23 and24of the PetroleumLawanArts.I through6 of the
Petroleum Regulation(togcther wiahreducedcopy of 'Map No. 1") are attachedas
Annexes1-9Aand 1-9Crespective. hecopiesarepresentedintheorigl rabic,asenacted
and publishedin955.TheofficialEnglishtranslationsof thePeiroleumLawandPetroleum
Regulationare attachedAnnexes1-9Band I-9D.InaccordancewithArt.50,para.2 of the
Rulesof Court.a copy of the wholeof each documhaçbeendepositedwith the Regis-
trar.468 CONTINENTAL SHELF Il61

control and jurisdiction of Libya'. Any such seabed and subsoil
adjacent toâny Zoneshall for the purposesof this Lawbe deernedto
be part of that Zone."

34. "Map No. I ".attached to the Petroleum Regulation, (see Annex
1-9B and paragraph 3 1above) indicates inter alia the international fron-
tiers.and the "Petroleum Zones". Article 2 of the Petroleum Regulation
definesthe four Petroleum Zones for the purposesof the Petroleum Law.
The First Zone is defined as follows:

"TheFirsi Zone -consistsof the Provinceof Tripolitania boundedon
the north by the lirnitsof territorial waters and high seascontiguous
thereto under the control andjurisdiction of Libya,and on the east by
18" 50'longitudeuntil it intersectsthe coastline. thence in a straight
line ia southeasterly directiontothe point where30" latitude inter-
sects 19' 5' longitude, thence in a straight line running in a south-
westerlydirectionto the point where18" 30'longitude intersects29"
40' latitude, thence directly south along 18" 30' longitude to the
iniersectionwith28" latitude, thenceina westerlydirection alongthe
28" latitude tothe intersection wit12O 15' longitude,thencedirectly
north along 12" 15'longitude to the intersection with3 1" latitude,
rhencedirectly West along 31 " laritude, to the border of Tunisia,
thence in a general norfherly direction along the international
boundary2."

35. "Map No. 1" showsa large area of "territorial waters and high
seas contiguous thereto" as included in the First Zone, but leaves the
northern boundary unmarked. Itdoes,however,showthe westernbound-
ary of the maritime area as running north from the termination on the
coast of the land boundary with Tunisiaat Ras Ajdir. To illustrate the
foregoing, a reduction of "Map No. 1" has been placed on the previous
page j.

36. Itwasentirely withinthe cornpetence if the Libyanauthorities, by
virtue of the Petroleum Law and the Petroleum Regulation, to grant
concessionsto explore forand exploit petroleurnresourceswithin thearea
definedinArticle 2of the Petroleum Regulationand shownby "Map No.
1": However,the Libyan authorities had not granted an offshoreconces-
sion prior to the time Tunisia granted, late in 1967. a concessionto a
Frenchcompany,SNAP-Aquitaine,withinan area tothe West of a stepped
(or zigzag) line which ran in a direction north/northeast at about 26
degreesfrom Ras Ajdir. Subsequently,on 30April 1968, acting upon an
application by Aquitaine, the Libyan authorities granted ConcessionNo.
137 to that company (together with another company known as
"Exwarb") within the First PetroleurnZone . The area covered by rhis
Concessionwas 6,846 square kilometres, lying to the castward ofa line

'Sec fnat p.1abovc.
'Sec Anncx1-9D.Art.2 ofthePctroleumRcgulation(ltalics added).
boldlineon ïhismap. theCourt,thewesiernboundaryof themaritimeareaisoutlinedbyail71 MEMORIAL OF LIBYA 469

runningsouth/southwest fromthe point 33"55' N, 12"E to apointabout
one nautical mile offshore. The point of origin viewedfrom Ras Ajdir is
at an angleof 26degrees. (The area of each concessionisshown by Map
No. 3 facing page 18 below;the eastern limits of the Tunisian concession
by SNAP-Aquitaineare shown by the stepped line onthe same map.)

37. Shortly after the Libyan concessionwas granted, Tunisia sug-
gested a meeting with representatives of Libya to discuss the respective
"maritime boundaries" of the two countries. Such meetings were held
from 17 to 21 July 1968but involvedonly an exchange of views. Rela-
tions between Tunisiaand Libya were good and themeetings took placein
an atmosphereof cordiality. The Tunisiandelegation expressedthe view
that agreement should be reached with Libya defininga point at sea ,
outside the territorial waters of the two States, and lying on a Iine
exlending from Ras Ajdir', as the beginning of the maritime frontier
between Libyaand Tunisia. Unprepared to consider discussingany line
demarcating their territorial waters, the Tunisian delegation took the

positionthat historical fisheryrights coupled withthe coastal configura-
tion established a lineextendingat an angle of45 degreetothe 50metre
isobath4. The Libyan delegationstated that the pointindicated by pillar
31wasthe beginningof the maritime frontier between Libyaand Tunisia,
and that the line extendingnorthwards from Ras Ajdir was the maritime
frontier demarcating the offshoreareas appertaining to the two States in
questiong.

38. During 1970, representatives of Libya and Tunisia held discus-
sions concerningthe question of the continental shelf.ose discussions
produced no progress. In December 1972,the question was raised to a
higher leveland was discussedbetweenpolitical leadersof the two coun-
tries in the context of closereconomicand political cooperation between
them. This resulted inagreement betweenthem astojoint exploitationof
the continental shelf,and the outcomeof their discussionswasthe forma-
tion ofa Supreme Committee chaired by the twoPrime Ministers. The
mandate of the Supreme Committee wasto followup the warkof special-
izd technical committees. Among these was a Continental Shelf Corn-
mittee, which met from 29 January to 1 February 1973and considered
that an appropriate formula should be found forthe achievement of al1
phases of joint exploitationof the maritime areas of the two countries.

39. Whenthe Continental ShelfCommitteemeetings were resumedin
March 1973,fundamental differences ofapproach emerged. The Libyan

membersproposedthe establishmentofajoint LibyanITunisian authority
for the utilization and exploitation of the continental shelf of the two
States, without specificlimitation of the area. This proposal was not

'The landboundariyaccordancewitthe 1910Convention.Secparas.22 through29
above.
'Sec Art. 3 of the 1963TunLawaset lorthat para.51 below.
'Thcrcisnoagrd recordof thismeeting.or in gcntralofthe meetingsbetweenthetwo
Parties. -470 CONTINENTAL SHELF [181

acceptable to the Tunisian mernbers,whoproposedjointexploitation of a
specified area. It was nevertheless agreed that the Committee should
reconvene.
40. During 1974 and 1975, however, relations between Libya and

Tunisia in this field beganto deteriorate. When the Continental Shelf
Committee resumed its meetings in August 1975, the Libyan members
continued to favour discussion of draft agreements concerning joint
exploitation, but theTunisian members wereintent on securing delimita-
tion. At further meetingsof the Committee in March 1976,the objective
of joint exploitationbecame unattainable because the Tunisian members
notonly insistedthat the maritime areas belongingto each State shouldbe
delimited, but also persisted in an attempt to prove the existence of an
agreed state of "dispute" betweenthem.

41. In the first half of 1976 there were incidents accompaniedby
protests and counter-protests. It was in these circumstances that, on 18
May 1976, Tunisia circulated a memorandum to diplomatic missions
accredited to Tunisiaother than the Libyan MissioninTunis. The text of
the memorandumisattached as AnnexI-IO. It may, however,be helpful
to set out in full belowthe Tunisian position with respectto the "problem
with Libya over the Continental Shelf", as stated in the 18 May
memorandum:

"1. A delimitation of sea boundaries between hnisia and Libya,
from the shore to the 50 metre isobath, has been established
since the early times.

2. That delimitation comprisesa 43" 21" linerunning in anorth-
east direction from Ras Ajdir to the pointof intersection with
the 50 metre isobath.

3. This delimitation, established a long time ago, has been
recognized, approved'and applied in a peacefu co,tinuous
and unambiguouç manner by Tunisia, Libya, France, Itaiy,
Great Britain, Turkey, Greece,the Austra-Hungarian Empire
and Holland.

4. Upontheir independence, both Tunisiaand Libya inherited the
delimitation described in paragraph 2 above.

5. On this basis, and according to the preamble and Chapter III
of the Charter of the Organisation of African Unity which
stipulate that African States should recognize the borden
reçulting from their independence, and the stability of such
borders, the sea boundaries' delimitation referredto in para-
graph 2 is unalterable.

'This figureappcarson a copyof the mcmorandumreccibydLibya. Howcvcr.sincc
Tunisiadidnot rurnishthis memoranduto theLibyanMission,the wrrcctncsof this
tigurcrcmaitabcverificd. Sealsthercferencto45 degrceinpara.37abovcandthe
tcxof Art3 of the1963TunisiaLaw seforthinpara.51 below. MEMORlAL OF LIBYA 471

On the other hand, international practices and jurisprudence
are unanimouçon that the newState which replacesthe colo-
nial power (as is the case withboth ,Tunisiaand Libya) is
bound, and shall continue to be bound, by any agreements
fixingboundarieswhich mayhavebeenconcludedbythe colo-
nial power.

Among the basic principles of law also is the one that states
that a change ofgovernmentdoesnot deprivethe state of any
of ils rights nor riitof any of its commitments.

Therefore, the Tunisian-Libyan sea border describcd in
paragraph 2aboveisconfirmed, establishedand unambiguous.

Proceeding from this, there remains the fixing of the sea
boundaries beyond the 50 metre isobath.'
This delimitation of the continental shelfbeyondthe 50melre
isobath shouldbeeffectedbyagreement between thetwocoun-
tries in accordance with international law and custom.

Accordingly,thisdelimitationshouldbebasedoninternational
lawand customand the internationally recognizedgeographic
and economic facts.

The 1958Geneva Convention on the ContinentalShelf, Article
6, stipulates that 'wherethe same continental shelfis adjacent
to the territories of two adjacent states, the boundary of the
continental shelf shall bedetermined by agreement between
them. Inthe absenceofagreement, andunlessanother bound-
ary line is justificd by special circumstances, the boundary
shall bedetermined by application of the principleof equidis-
tance from the nearestpoints of the baselines€romwhich the
breadth of the territorial sea of each state is measured.'

Anexaminationof maps revealsthat the general configuration
of the Tunisian and Libyan coastlinesis simple and does not
create any difficultin respect of the application of the stan-
dards and rules of international law and custom. Thus the
delimitation of the continental shelf between Tunisia and
Libya beyond the 50 metre isobath should be in conformity
with an equidistance line drawn in accordance with interna-
tional law, taking into account the geographical facts and the
zones of economic interests, the long-standing exercise of
which stands proof of their reality and importance.

Libya, on the contrary, did not agree to adhere to the
framework of international law and custom, as proposed by
Tunisia. It insisted that the delimitation of the continental
shelf coincided witbthelimitsofconcessionareaç it granted to
the petroleum companies. CONTINENTAL SHELF Pol

15. Wowever,the limits defined by the licences granted to the
petroleum companiesfor rniningexploration and exploitation
cannot, under any circumstances, replace the delimitation of
the continental shelf, whichcan only be efiectedby agreement
between the two states concerned in accordance with inter-
national law.

In addition, international custom stipulates that, in granting
16.
licencesinsideareas not yet delimited betweenadjacent states,
the limits ofsuch licences be that agreed upon by the states
concerned.

17. In view of this position by Libya, al1hopes for arriving at a
solution to this dispute through negotiations on the basis of
international law and custom, have been shattered. For this
reason Tunisia - having regard to good neighbourly relations -
proposed to Libya that they resort to arbitration.

18. Thus Tunisia stands prepared to accept the resolution of the
problernat the handsofanarbitrator betweenthe twoparties."

42. So far as the memorandurnof 18May 1976expressesthe viewof
Tunisia. Libya can onlyconsiderit as an officia1statement of the position
of Tunisia. So far as the memorandum refers to the views ofLibya, it is
notaccepted as an accurate reflectionof suchviews. Inaddition, as noted
above,paragraph 18of the memorandumstates that Tunisia wasprepared
10 accept the resolution of the problem at the hands of an arbitrator

between the Parties. The mernorandum thus made it abundantly clear
that there was no prospect of a solution being found by negotiation
between the Parties, and that resort to arbitration appeared to be the only
way of finding a peaceful solution1.

43. In these circumstances attempts to find a formula for joint
exploitation becameabortive and Libya saw noalternative to recognizing
the existence of a disagreement or dispute. Therefore, on 24 August
1976, after preparatory consultations, a joint communiqué expressing a .
decisionto haverecoursetotheCourt and tocontinue consultationsto find
an interim formula forjoint exploitationwas issuedin Tunisin the follow-
ing terms:

"ln seeking to strengthen the ties of good neighbourhood and close
cooperation betweenthe two fraternal countries, the Tunisian and
Libyan Governrnents havedecidedtosubmit the issue ofthe delimita-
tion of the continental shelf between Tunisiaand the Libyan Arab
Republic to the International Court of Justice and appeal to it in this
case.

'Thisattituditobecontrastedwith thatwhichwasexpressedbythejointcornmuniof~
24 Aug.1976 (see para.43 bclowaswell as by the SpecialAgreement. L21] MEMORIALOF LIBYA 473

Meanwhile, consultations continue between both parties to find an
interim formula for thejoint exploitationofthe area of the continen-
talshelf to bedelimited withinthe linesof a frameworkagreed to by

both countries, with a cornmitment to implement the decisionof the
International Court in the The Hague when handed down'."
44. Severalmeetings werethen held forthe purpoçeof givingeff'ectto
the provisionsofthe joint communiqué. The firstseries of meetings was
held in Tripoli in September 1976and the second serieswasheld in Tunis

in October 1976. At these meetings,draft proposals fora SpecialAgree-
ment were submitted by the experts of both Tunisia and Libya. Com-
ments on them were exchanged, but the experts did not succeed in
preparing an agreed draft.
45. ColonelMuammar Ghadaffi,the leader of the First of September
Revolution,ina publicstatement made onbehalfof Libya on 2June 1977,

confirmedthe willingnessofhiscountry to submit thequestionofdelimita-
tion of the continental shelf to arbitration or to the Court so as to clear
away dificulties between brotherly countries. At this stage, the Secre-
tary-General of the League of Arab States proposed meetings in his
presence in Cairo at which the two Parties would resume negotiations.
Libya suggestedthat the meetings be held in Tunis, and they wereheld
there from 7to I1June 1977. The delegationsof Tunisiaand Libya were
ledbytheir respective ForeignMinistersand al1the talks took placein the
presence of the Secretary-General of the League of Arab States. In a
finalmeeting,a Special Agreementwasreached providingforresortto the
International Court of Justice. The text of the Special Agreement was

drawn up inthe Arabic languageand signedon 10June 1977 (see Annex
1-1).
46. Asa result ofthe agreement reached by the twoParties during the
talks of 7-10 June 1977, as referred ta in a message from the Tunisian
Foreign Minister signedon 10 June 1977,and confirmedin a messageof
20 Decernber 1977 frornthe Secretary of Foreign Affairsof Libya tothe
Tunisian Foreign Minister2,it wasagreed that the words,durook fhassa,

in Article 1in theoriginal Arabic text shouldbetranslated intoEnglishas
"relevant circumstances". Apart from this, the Parties were unable to
agree upon the translation oftheArabic text into either Englishor French,
although Libya stated in a Note Verbaledated 20 December 1977(copy
attached as Annex 1-13) that it waswillingto try to reach agreementon a
translation.

'A copyof ihc joicommuniqu éaitachcdas Anncx 1-11.
'Copjtsofthe10 Junc1977and 20 Dec.1977mcssagcsarcattache asAnnex 1-12, CHAPTER IV

QUESTION OF MARITIME LIMITS

47. Libya considersthat some importance attaches to the question of
delimitation of the territorialeas between Libya and Tunisia. If two
adjoining States have a territorial sea of the same breadth which has
previously beendelimited by agreement, the normal starting point forthe
delimitation of the continental shelf wouldbe the point wherethe bound-
ary between theirterritorial waters reaches theouter limit of the territo-
rialsea. However, as far as Libya is aware, there has never been an
explicitagreementon delimitation of the territorial sea between Libya(or
Tripolitania) and Tunisia, although it is clear thal the territorial sea
boundary could well start from pillar 31 at Ras Ajdir.

48. Article2 of the Petroleum Regulation specified Libyanjurisdic-
tion as being bounded by a line-
"...directiy Westalong 31O latitude [wellsouth of the coastline], to
the border of Tunisia,thence in a general northerly direction alorig
the international boundary."

Nevertheleçs, Libyahas made nounilateral delimitation of the territorial
sea boundary as such with Tunisia'. However,the breadth of the Libyan
territorial sea wasextended to twelvemilesby Law No. 2 of 18 February
1959,which came into force on 31 March 19592. The operative part of
this Law is contained in Article 1 which simply States: "The Libyan
territoriai watersshall be fixed at twelvenautical miles."

49. The traditional breadth of the Tunisian territorial sea has been
three miles, measured frorn the low-water mark along the coast. How-
ever, Libya is aware that in the past there have been specialized types of
fixedfisheries(characterized by the useofnets fjxedto the seabed) offthe
coast of Tunisia. These have existed forexample, on the banks of the
Kerkennah Islands. Libya is also aware of special fishingregulations
issued during the French protectorate (for instance in 1892 and 1906)
concerning spongeand octopusfishing. In this cbntext, it is important to
note that theseregulations were applied to foreignas wellas to Tunisian

boats. Thus, it appears that the special fishing zoneoff the coasts of
Tunisiawas not apart of the territorial sea and that the fishingrights were
not reserved toTunisian citizens.
50. The first actual Tunisian law concerning the territorial sea of
which Libya is aware was Law No. 62-35 of 16 October 1962 (copy
attached as Annex 1-15). That Law attempted to deal with both mari-
time.fishing and the extent of Tunisianterritorial waters. Although it

seernedto beaimed at the establishment of a six-mileterritorial sea and a
twelve-milefisheryzone, the efiect of that Law was no1 completelyclear.

ThePctroleumLaw andRcgulation(ncverprotestcdbyTunisia)arcquotcddiscusscd
abovc inparas.31 through36.
A copy orthisLawisattachedasAnnex 1-14.1231 MEMORIALOF LIBYA 475
No doubt, the Law wasinspired by the "six-plus-six" proposal' which had
failed of adoption (by the narrowest possible rnargin) at the Second

United Nations Conferenceon the Lawof the Sea held at Geneva in 1960.
51. The Tunisian position was somewhat clarified by Tunisian Law
No. 63-49of 30 December 1963 (the "1963Tunisian Law")2, which was

no doubt alsodrafted with the provisionsof the 1958 Geneva Convention
on the Territorial Sea and the Contiguous Zone (the "1958 Convention")
freshly in mind, as wellas the proceedingsof the Second United Nations
Conference on the Law of the Sea. Article 3 of the 1963 Tunisian Law,
replacing previousenactrnents, reads as follows:

"(3) Estdénommée merterritoriale tunisienne: de lafrontièretuniso-
algérienneà la frontièretuniso-libyenneet autour desilesadjacenles,
la partie de la mer comprise entre la laisse de basse mer et une ligne
parallèletracéelisix millesau large, a l'exceptiondu Golfe deTunis
qui, à l'intérieurde la ligne Cap-Farina, Ile Plane, Ile Zembra et
Cap-Bon, est entièrement compris dans ladite mer.

'Une zone contiguë' ?Ila mer territoriale tunisienne telle qu'elle est
définie ci-dessus est réservéde,ns laquelle seulsles navires battant
pavillon tunisien pourront êtreautorisésApraiiquer la psche.

Cette zone est définie:

a) de la frontiéretuniso-algérienneà Ras Kapoudia par la partie de
la mer comprise entre la ligne des six milles et celle des douze
milles marins mesurés à partir de la laisse de basse mer;

b) de Ras-Kapoudia Blafrontièretuniso-libyenne: par lapartiede la
merlimitéeparune ligne qui,partant du point d'abourissementde
la ligne des douze milles marins mentionnéeau paragraphe a)
ci-dessus rejoint, sur leparallélede Ras Kapoudia, l'isobathede
cinquante mètres et suit cet isobathe jusqu'h son point de ren-
contre avec une lignepartant de Ras Aghadir [Ajdir]en direction
du Nord-Est ZV = 45"."

The apparent intent of the 1963 Tunisian Law is relatively clear.
52.
It was intended toextend the breadth of the territorial seaof Tunisia to six
miles from the low-water mark along the Coastfrom the Algerian to the
Libyan frontier and around the adjacent islands. An exceptionwas made
for the closure of the Gulf of Tunis, butnul for the '%u!fof Gobes '".

Thiswas acompromisepioposalon the pcrmissiblcbrcadthof iht icrrilorialsea which
would haveallowcdStatestohavca six-mileterritorials six-milecontiguous fishcry
zone.
'A copyof this Law is attachcAnnex i-16,
Corrcciusageof the tcrm"GulFofGabes"isdcfinedin para.78bclow. Inthecoofcxt
Tunisianclaimsandin theworafcertainauthorsmentionedinthisMernorialtermis
inaccuratelyusedand, thercforcbeicnclosedin quotation marksin suchcascs. 476 CONTINENTAL SHELF i241

53. The second paragraph of Article 3 purported to create a zone
contiguous to the territorial sea in which fishing was reserved toats
fiyingthe Tunisian flag. The validity in international law of this type of
attempt tu create a contiguous exclusivefishery zone was questionable,
and was not admitted by Libya. NevertheIess, the wording of Article 3
makes it quite clear that the references in its sub-paragraph to)the 50
metre isobath and to the line running northeast from Ras Ajdir were only
concerned with the definition of an assertedexclusivejîshery zone con-
tiguous to the territorial sea:

" 'Unezone contiguë' à la mer territoriale tunisien..dans laquelle

seuls les navires battant pavillon tunisien pourronttreautorisésà
pratiquer la pêche."
Article3 of the 1963Tunisian Lawdid not attempt any unilateral delimi-

tation of the territorial sea.

54. In 1973,five years after it had originally raised the issueof the
delimitationofthe continental shelf, Tunisiasuddenty adopted an entirely
different approach. This time Tunisia wasnot content with extending the
breadth of the territorial sea and claiming exclusive fishery zones; its
obviousairnwas toextend its territorial waters bythe deviceof atternpting
to establish previouslyunimaginedand unmentioned baselineswhichwere
not only extraordinarilygenerous to Tunisia, but alsowerenotnconform-
ity with international law. This plan was implemented by Tunisian Law
No. 73-49 of 2 August 1973 (the "1973 Tunisian Law") concerning
delimitation of territorial waters ("portant délimitationdes eaux territori-
ales") and Decree No. 73-527 of3 November 1973 (the "1973Tunisian
Decree") relating to baselines ("relatif aux lignesde base"), givingeffect
to Article 1 of the Law. (Copies of the 1973 Tunisian Law and Decree
are attachedas Annex 1-17;the baselines sopromulgated are portrayed by
@ Map No. 4 facing this page'.)

55. Articles 1 and 4 of the 1973 Tunisian Law read as follows:

"Article Premier-La mer territoriale tunisienne estconstituée,de la
frontiéretuniso-algérienne Iafrontièretuniso-libyenneetautour des
îles,des hauts-fonds de Chebba et des îles Kerkennahoù sont instal-
léesdes pêcheriesfixes et des hauts-fonds découvrants d'El Bibane,
par la partie de la mer qui s'étendusqu'à une limite fixéea douze
miIIesmarins a partir des lignes de base.

Leslignesde base sont constituéespar lalaissede basse merainsi que
par les lignes base droites tirées versles hauts-fonds de Chebba et
desîles Kerkennah où sont installéesdes pêcheriesfixes, et par les
lignes de fermeture desGolfes de Tunis et de Gabès.

@ the 1973TunisiaLawandDecrcecxtcndonlyto RasKaboudia. nd thatnorthfromRasdby
Kaboudiato Cape Bon the baselinesfollowthe naturalTunisiancoastline. Similarly,
bctwccnthe Islandof Djerba Ras Ajdirthecoastfiisfollowcd. i251 MEMORlAL OF LIBYA 477

Ces lignes de base seront préciséespar décret.

Art. 4- La souverainetéde I'Etat Tunisien s'étendà l'espaceaérien,
ainsi qu'au lit et au 'sous-solde la mer dans la limite de la mer
territoriale."
Article 1 of the 1973 Tunisian Decree reads as follows:

"Article Premier- Les lignesde base,à partit desquellesest mesurée
la largeur de la mer territoriale tunisienne, sont constituéesde la
frontièreTuniso-Algériennea lafrontièreTuniso-Libyenneet autour
des iles, des hauts-fonds de Chebba et des îles Kerkennah où sont
installéesdes pêcheriesfixes et des hauts-fonds dkouvrants d'El
Bibane, par la laisse de basse mer ainsi que par les lignesde base
droites tiréesversleshauts-fonds et par leslignesdroitesde fermeture
des golfes de Tunis et de Gabès.

Ces lignes de base sont définiespar:
1")-La laissede basse mer, de la frontièreTuniso-Algérienneau Cap
Sidi Ali El Mekki;

2O)-La laisse.de basse mer des écueils desSorelles,du Galiton de la
Galite, des Galitons de l'Est, des îles Fratelli, Cani et Pilau;

3")-La lignedefermeture du Golfede Tunisconstituéepar leslignesde
base droites joignant leCap Sidi Ali Mekki, l'îlePlane, la pointe
Nord de l'île Zembra et le Cap-Bon;
4")-La laisse de basse mer, du Cap-Bon à Ras Kapudia;

5")-La laisse de basse mer des îles Kuriates;
6")-Les lignesdebase droites enveloppant lespêcheriesfixesde Cheb-
ba et des îles Kerkennah et définiespar Ras Kapudia et par les
balises suivantes':

a)-Chebba No 1 .........................
b)-Maruka ...................................

c)-El Barani ................................
dl-El Mzebla ...............................
e)-Sakib Hamida No 1 ..............
f)-Sakib Hamida No 2 ..............
g)-ûued Bou Zrara No 1 ..........

h)-ûued Bou Zrara No 2 ..........
i)-Oued Mimoun No 4 ..............
j )-Oued Saadoun ........................
k)-Samoum ..................................

translationinto FrcnchtheoriginalArabitcxt.dinatsctforthMow intheofficial 478 CONTINENTAL SHELF Lw

7")-La lignedroite de fermeture du Golfe de Gabèsjoignant la balise
Samoum définie ci-dessuset Ras Turgueness;

8")-La laisse de basse mer, de Ras Turgueness à la pointe de Sidi
Garus;
-9")-~a ligne de base droite joignant la pointe de Sidi Garus à Ras
Marmor;

10")-La laisse de basse mer, de Ras Marmor à la frontière Tuniso-
Libyienne;
11")-La laissede basse mer, des hauts fondsdécouvrantsd'El Bibane."

56. Libya does not admit the validity of these baselines in interna-
tional law and alsoeniesthat they are opposableto Libya in the context
of the present case. Further comment on the baselines will be given in
paragraphs 128 through 142 below.

57. Neither the 1973Tunisian Law nor Decreepurports to,determine
the territorial sea boundary between Libya and Tunisia. Indeed, the
maritime limits between Libya and Tunisia have never been agreedl.
Nonetheless, in light of the boundary direction established by the 1910
Convention, it may be assumed that the maritime boundary between
Libya and Tunisia wouldcontinue seaward from Ras Ajdirin a northerly
direction2. PartIII of this Mernorial willdemonstrate that such a bound-
ary is entirely consistent with the appropriate and equitable delimitation
of the continental shelf, reflecting the natural prolongation northward
the land territories ofthe Parties as determined by the relevant geological
and geographical evidenceand in accordance with State practice.

'Sec para47 above.
"ec para.29abve. CHAPTER V
PHYSICAL CIRCUMSTANCES
CHARACïERIZING THE AREA

introduction
58. As stated in the North Sea ContinentalSheif Cases:
"The institutionof the continental shelfhasarisenout of the recog-
nitionof a physicalfac..[t] hecontinental shelf is,bydefinition,an
area physically exiendingthe territory of most coastal States into a
speciesof platforrn...'".

This "idea of extension",whichthe Court consideredto be "determinant",
was described in the judgment as-
"..the natural prolongation orcontinuation ofthe land territory or
domain,.or land sovereigntyof the coastal State, into and under the
highseaa, via the bedof its territorisea which is under.the full

sovereigntyof thai State2."
59. In view of .this language, it is apparent that the physical
facts-geology and geography-are of paramount importance in any
delimitationof the continental shelf. Thesefacts are therefore considered
in detailinthis Chapter of the Memorial.

SECTlON 1. Geologicaland Related Features
60. Libya is filingas AnnexII to this Memorial a geologicalStudy of
thearea ofthe continental shelfto be delimited. The technicalfindingsof
this Study are summarized briefiy below. They support the conclusion
that this area of the continental shelf is the natural prolongation north-
ward ofthe North African landmass to the south.

A. GEOLOGY
61. The continental shelfarea to be delimitedby the Parties belongs to
the PelagianBasinregionof the Mediterranean Sea. Plate 5ofAnnexII
indicates the clearly defined boundaries of the Pelagian Basin, which
constitutes a distinctgeologicalunit.he Pelagian Basin,like the Medi-
terranean Sea of which it is a part, lies between twontirely different
structural realms: to the north, the mobileAlpine belt; to the south, the
stable African platform. The Pelagian Basin is part of the African
platforrn.

62. The boundaries ofthe Pelagian Basinare important to note, again
with reference to Plate 5 of Annex IIThe Basin lies generally between
32" N and 36" N and IODE and 15"30'E. Its northern boundary runs
along the Pantelleria Trough.On the south, it is bundeby the Gafsa-
Jeffara fault, which aspartof a rift valleyrunning from thedgeof the
Gulf of Sirt in Libya to the longitude of Gafsa in Tunisia.Thus, the
Jeffara Plain, whichithe northern coastal plain of Libya and whichalso

I.C.J. Repo1969.p. 51,para.95.
lbid.p.31para. 43.480 CONTINENTAL SHELF [281

runs intosoutheastern Tunisia,is included withinthe Pelagian Basin. To
the east, the Pelagian Basin is cut off bya north/south fault zone at the
eastern edge of the Medina Bank,known as the Misratah-Malta Escarp-
ment. Tothe west,the Pelagian Basinterminates at the very pronounced
north/south fault zoneextending fromGabes in the south to Tunis in the
north, thus encompassingas part ofthe Pelagian Basinthe eastern part of
Tunisia. This western boundary is particularly significantsince itmarks
the division, notedabove, between the stable African platform and the

Atlas Mountain region,whichis part of the mobileAlpine region, aquite
differentregiongeologicailyfrom the geological unitcomprisingthe Pela-
gian Basin.
63. The Study (Annex II) sets forth in some detail the tectonic'
characteristics ofthe Pelagian Basin. Theyare ofprimegeologicalsignif-
icance since they relate to the basic structure of the area. The geomor-
phological and bathymetric characteristics of the Pelagian Basin result

frorn the tectonic eventsthat have occurred there. Within the Pelagian
Basin, the main tectonic trend is the Sirt Basin rift system which runs
northwest from the Sirt Basininto the Gabes-Sabratha Basin. A second
tectonictrend running west-northwest/east-sa ondtideaticaltothe
trend of the jefiara Plain in northwest Libya,appears tobe related to the
first and main tectonic trend from the Sirt Basin (a smaller basin within
the larger PelagianBasin). Thesetectonic trendsare clearly portrayed in
Figure 12 and Plate 5, Annex II.

64. Thus, the entire landmassof TunisiaWestof the Pelagian Basinis,
in tectonic terms, part of a totally different geologicaldornain from the
continental shelf off the Tunisian and Libyan coasts. This continental
shelf is part of a large rift system, the Sirt Basinrift system, which runs
from Libya into the Pelagian Basin. Moreover, it must be ernphasized
that thisrift systemisnot an incidentalfeature; it isthe dominant tectonic
feature (comparable to the Red Sea and the East African rift system,
further east) and it is this feature which illustrates beyond doubt the

fundamental continuity between the shelf area in the Gabes-Sabratha
Basin and the main Libyan landrnassto the southeast.
65. Inaddition,there isclear evidencethat theNorth Africanshoreline
haschanged radically throughout geologicaltime. As Plate 4 ofAnnexII
illustrates, that shoreline for a long period ran east/west, during the
CenozoicZera (Paleocene3to Miocene4),with mostof what isnowcentral

'The tcrm"tectonics"refcrstothcbranchofgeologydcalingwiththebroadarchitcctureof
theupperpartof theEarth'scrust,that is.thercgionalasscmblingofstructurcdordcforma-
tionalfeaiures.ectonictrends"refersto thcdirectionofsuchfeatures. Thedefinitionsof
geological terms in this Memorial arebascd uponGlossoryof Geology:Amcrifan
Gcologicallnstitute, Washing, .C., 1977;andthex tcrrnsarcdiscusscdingrcaicrdetail
in relevantcontcxtAnnexII.
'"Ccnozoic"refcrstothe latesttra of gcologicaltimeuiveringa spanof 70 millionycars.
"Paleoccnc"rcfcrstotheearlicstepochofthcCcnozoiccra.tht timcpcriodfrom70million
'"Mioctnt"rcfcrstoanepochduringthetirnepcriodfrom26million 107rmillion ycars
ago. 1~~1 MEMORlALOF LIBYA 48 1
and northern Tunisia and the whole shelflying immediately tothe north

submerged. During Early Eocenetimes', the wholeof the Sirt Basinwas
inundated, and the shoreline ran round the lirnitsof what is nowthe Sirt
rift system. This rift system and the Pelagian Basin were subrnergedat
the sarnetime. Thus, both developed geologicallyunder the same condi-
tions, leading to the geologicalidentity between the two.

46. The geamorphologyof the area is closelyrelated to the tectonic
trends. Throughout the Sirt rift system the fault lines run north-
west/southeast, roughly parallelto each other. Thesefaults havecreated
high areas (horsts) and lowareas (grabens) which,running parallei,have
resulted in formations that may be visualizedas parallel structural ridges
and valleys. These continue right through into the Gabes-Sabratha
Basin. During the Post-Miocene'and Pieistocene4epochs or times, the
Gabes-Sabratha Basin (and indeed the Pelagian Basin) was dry land.

Duringthis periodof time, the parallel seriesof ridgesand valleyscreated
by the tectonic trends were subjected toconsiderableerosion.As a result,
they became sculptured to give a surface profile, a geomorphological
pattern, of well-defined parallel ridgesand valleys. Subsequently this
area was submergedas the sea levelrose. The water depth wasçhallowin
the west and deeper in the east because the wholearea tilted downwards
towards the east, and the parallel series of ridges and valleys, now sub-
merged, became the seabed.

67. The sameseries of parallel ridgesand valleysappear on the bathy-
metric mapsand charts (see Plate 6and Figure 13ofAnnexII). Onecan
seeclearly the correlation betweenthe geomorphologyand bathymetry of
the continental shelf and the underlyingtectonic trends from Figure 13of
Annex II, which is a bathymetric overlay of a map showing the main
lectonic trends. It is clearlyapparent that the detailed bathymetric relief

of the Pelagian Basin is closely related to the topographic relief present
today in the Sirt Basin and that no equivalent topographic relief is found
anywhere in the present Tunisian landmass.

68. Finally,the Study attached as Annex II containsan analysisofthe
geologyof the area in the specificsenseof lithology (rock composition or
facies)'. Itshowsthat thisshelfarea may beidentified withthe adjoining
landmass tothe south especiallyin the Sirt Basinarea;as a result of the

' "Eocene"rcfcrsto an epwh from 53 millionto 37 millionago.s
'The tcrm"gcomorphology"rcfcrsta thatbranchof bothphysiographyand gcology which
dealswiththeformof theearth,thegcneralconfiguraofitsurlaceandthe changes that
takc placcin the evolutionof landforms.
'"Plcistoccnerelcrto the tirnepcriodsinccapproximatcly1.5miHionyearsago.
Scc ChaptcrII,Section2A oftheSiudy attachedas Annex II. 482 CONTINENTALSHELF i301

connection betweenthe rock formations (facies) found onshore and off-
shore. A detailed discussion of this point may be found in Chapter II,
Section 2A of the Study attached as Annex II-which also contains

figures and plates keyed to the text.

SECTION2. GEOGRAPHICAL AND RELATEDFEATURES

69. The African continent, the Mediterranean Sea and Southern
Europe are portrayed by Map No. 1 (facing page 8above). It isapparent
from this map that the whole trend of the North African coast (sorne
3,200 nautical miles) from the Suez Canal to the Strait of Gibraltar is
east/west. In the middle of the north-facing coast of Africa is a roughly
rectangular shaped indentation. This'indentation, however,does not alter
the general northward-facing direction of the coast. The primarily west-
facing coast of the indentation, in the vicinity of Benghazi, belongs to
Libya while the primarily east-facing coast belongs to Tunisia.

70. Libya lies approxirnately between 34"N and 19"N and between
11 "E and 25" E, and is roughly rectangular in shape. It has an area of
approximately 1,775,500 square kilometres and a coastiine of approxi-
mately 1,100 miles running in the same general direction as the North

African coast. The averagedepth of Libya southward from the Mediter-
ranean Sea is almost equal to the length of its northward-facing coastline
betweenits boundery withTunisia in the Westand its boundary with Egypt
in the east.

71. Libya ispart of thegreat North African plateau. Northern Libya,
with the exception of the Jabal al Akhdar (Green Mountain) in the east
and the Jabal Nefusa in the west, slopesgently toward the Mediterranean.
TheJabal al Akhdar, located in Cyrenaica, runs parallel to the Mediterra-
nean eastward frorn the Gulf of Sirt. In Tripolitania, the Jabal Nefusa
runs from Al Khums on the Mediterranean Seato the vicinityof Wazinon
the Tunisian border, a distance of some 360 kilometres. To the north of
the Jabal Nefusa lies the JeRara Plain. Though comparatively small in
area (approximately 18,000square kilometres), the Jeffara Plain contains
rnost of the population of Libya and includes Tripoli, the capital and
largest city of the country. To the south of the Jabal Nefusa lies a vast

desert (Harnadah al Hamra) which not only forms the greater part of
Libya, but extends into southern Tunisia as well. (These features are
shown on Maps 5 and 6 facing rhispage'.)

72. Tunisia liesapproxirnately between 30" N and 38" N and between
7"E and 12"E and resembles an elongated rectangle. For its compara-
tivelysmallsize (roughly 164,150square kilometres),Tunisia'sgeograph-
ical features are more complicated than Libya's. Unlike Libya, Tunisia
has a southeastward- and eastward-facing as wellas a north-facing coast.

'In accordancewith Art50,para.2 of the Rules of Court,tNarional Ariaofrhe
SocialisPeople's LibyonAraJumahiriyaFirstEdition, Trip,978.fromwhichMap
Nos. 5 and6 are taken,has been deposited witthhe Registrar. 483
1311 MEMOR~AL OF LIBYA
73. As shownby Mop No. 7' (facing page 32 below), Tunisiamay be
regard4 as fallingintothree regions: the southern,central and northern.
From the tripoint of Tunisia'sboundaries with Libyaand Algeria north-
ward to a linethat runs roughly westward fromGabes, the southernregion

is essentially desert, climatically and topographically related to the
Sahara. Indeed, this region may be considered tobe an extension ofthe
Sahara desert northward from the regionof Ghadames across the border
in Libya. Westof Gabes lie the salt marshes (chotts) of Fedjadj, Djerid
and El Rharsa. North of the sait marshes, incentral Tuniçia,isa transi-
tional region comprised of steppes. The central region becomes hilly
toward the north and mountainoustowardthe northwest. In the northern
region, there are two predominant physical features: mountain ranges
which cross the region and fan out westward in a general north-
east/southwest direction; and the Wadi Medjerda (valley). The moun-
tains in the northern region are an extension of the Atlas Mountains
which,in turn, are a continuation of the Alps formation of Sicilyand the
mainlandmassof Italy and notrelatedtothe great North African plateau.
74. The geography of southern Tunisiaand northwestern Libya dem-
onstrates that the predominant cornmon feature of these areas is the
northward thrust of the Sahara desert and the great North African pla-

teau. The predominant geologicalfeatures (discussed in paragraphs 61
through 68 above) demonstrate that the continental shelf is the natural
prolongation northward of this portion of the North African landmass.
Although large segments of the Tunisian coast face southeastward and
eastward, no areas of continental shelfappertain to thesesegmentsof the
Tunisian coastline. Rather, an examination of the predominant geo-
graphical and geologicaifeaturesestabiishesthat such areas of the conti-
nental shelf are, in fact, the natural prolongation northwards of the
African landmass to the south.
75. As notedin paragraphs 69 and 70above,the Libyancoast runsina
general east/west direction. For approximately190nautical miles,how-
ever,from the border al Ras Ajdir tothevicinityofthe western limitofthe
Gulf of Sirt, its general direction becomeseast/southeast.From Gabes
eastward to Ras Ajdir, roughly 100nautical miles,Tunisia's coast runsin
a similar direction. The directionofthis portionof the Tunisiancoastline
is broken onlybya relatively brief sectormarked by the projectionnorth-
ward of promontories at either end of the Bay of BouGhara.

76. The portionofthe tibyan coastfromRasAjdir to the western limit
ofthe Gulf ofSirt isvirtually withoutmarked irregularities.here are no
islands, baysor peninsulasof any significance. The only natural harbor
for seagoingvesselson this stretch of the coast is at Tripoli. In contrast,
Tunisia'scoast is irregular and contains gulfs, promontoriesand offshore
islands; forexample, the Island of Djerba, Gulf of Gabes, Kerkennah
Islands and the Ras Kaboudia promontory.
77. North of the Bay of Bou Ghara lies the Island of Djerba (500
square kilometres), looking as if it had been torn from the mainland,

'InaccardancewithArt50para.2oftheRulesoCourt,acopyoïtheentiremahaabccn
depositedwiththe Registrar.484 CONTINENTAL SHELF I321

leavingbehind the bay-the island and the bay beingof almost equal size.
Neither the Bayof BouGhara northe Islandof Djerbaaffect the generaliy
westward direction of the coastline from Ras Ajdir to the town ofGabes.
78. With regard to the Gulf of Gabes', there isan aspect which merits
attention. Asproperlydefined,the GulfofGabesrefers to the indentation
on the coast of Tunisia which liesshoreward of an irnaginary line between
Ras Yonga (lying at the northwest extremityof the Gulf) and BorjiDjilidi
(lying on the northwest coast of Djerba). According 10the Medigrra-
neanPilot: "The Gulf of Gabes is entered between Ras Yongaand Ile de
Djerba ..37 miles SE2. " his description accords with the descriptioin

editionsof the Instructions Nauiiquesever since 1899. For example, the
latest edition(1968) States: "Le goifede Gabès,l'anciennePetite Syrte,
s'ouvreentre le ras Yonga (Ungha) ...et l'extrémitNW de l'îlede Djerba
(33" 53'N - 10"5IJE)$." These are the "natural entrance points" to the
"bay" or indentation.
79. However,evenaccepting that the Gulf of Gabes does qualify as a
"bay" within the meaning of Article 7 of the 1958 Convention', it would
stiil notbe possible to close it by a line from Ras Yonga to the Island of
Djerba, since this line is approximately 40 nautical miles in length and,
under paragraph 4 of Article 7 of the 1958 Convention, a closing line
cannot exceed 24 nautical miless.

80. The Kerkennah Islands a1sornerit attention. They are Iocated
eastward of the port ofSfax (which is a little more than halfway alongthe
coast from Ras Kaboudia to Ras Yonga) and consistof two small islands,
Chergui and Gharbi, as well as some islets and offshore rocks. Chergui
and Gharbi are separated by a narrow channei. Chergui is the larger but
is low-lying;indeed. at spring tides Chergui is divided into three parts by
shallowlagoons. The area of the two mainislandsisa total of 180square
kilometres. The islands lieto the southwest of the Kerkennah Bank and
their axis runs northeast to southwest. These islands are separated from
the mainland by shallow water, but there is a natural navigable channel
which canbeused byvesselsdrawing lessthan three metres. The average
distance of the islands from the mainland is about 15 nautical miles,
although the distance isgreater at the northeast than at the southwestend.

81. The effect of the geographical configuration is that the northeast
tip of the Kerkennah Islands is almost exactly on the same north/south
rneridianas the entrance to the Bahiret El Biban,Le.,at about 11 O 19'E.
It shouid be noted alsothat the Kerkennah Islands do not havetheir own
continental shelf.

'SR fn. 3 ap.23 above.
Mediterrantan Pilot. Vol.ci!.. 171,(a copyofthis pagcisaitachAnnex 1-18].
Imtruciionr NauriquAmue (CbteNord)-Levant. Paris,ServiceHydrographeela
Marine.1968;SétiD. Vol.VI,p. 189(a copyof this pagcis attacAnnex 1-19.)In
accordanccwithArt.50.para.2of theRulcsof Couacopyofthecntirc volumhasbeen
dtpositedwith theRcgistrar.
1-20. Sec also paras.136and 137 below.ntionedinthisparagraettachcdasAnnex
'Thcquestionofthe'+closline"witbcexamincdfurthcrinconnecfionwiththebasefines
drawnby Tunisiain 1973 (sce paras.136 and 137 below). PART II. THE LAW

CHAPTER1
BASICPRINCIPLES

82. The Special Agreement between the Parties, by virtue of which
the Court isseizedofthe presentcase,specifiesthe ambit within whichthe
Court is requested to render judgment'. Pursuant thereto, the Parties
have reservedto thernselvesthe actual delimitation of the areas of conti-
nental shelfappertaining to each ofthem, but have requestedthe Court to
determine the principlesand rules of international lawwhichare applica-
,ble to such delimitation. ThéCourt is further requested to take its deci-
sion according to equitable principles, the relevant circumstances which
characterize the area, and the new accepted trends in the Third United

Nations Conference on the Law of the Sea (which in Article 83 of
ICNTIRev. 2' also focuseson equitable principles).
83. In this Chapter, Libyawillset forth the principlesof international
law which, in its view,are applicable to this case.
84. The Court's principal decision with respectto the law governing
the delimitation of the continental shelf is its Judgment of 20 February
1969in the NorrhSea Continental Shelf Cases. In that case, whilethe
Court accepted the viewthat Articles 1through 3of the 1958Convention
may be "...regarded as refiecting, oras crystallizing, receivedor at least
emergent rules of customary international law relative to the continental
shelf',"the Court took thecontrary viewof Article 6of the 1958Conven-

tion dealing with deiimitation of boundaries between States abutting on
the same shelf and providing for the equidistance rule.
85. Having rejected Article 6 and the "rule" of equidistance as the
expressionof a rule of customary international law,the Court'sjudgment
proceeded to identify the applicable rules, as requested by the Parties.
TheCourt had nodoubt that there wasone fundamental rule to whichal1
other rules were subservient. In this connection the Court held that "...
the most fundamental of al1the rules of law relating to the continental
shelf...'"whichmust beapplied inaccordancewithequitableprinciples,is

'See Art. I of thc Spccial Agreement set forth in para. 4 above.
'All refcrencts inthe Mcmorial to "'ICNT/Rev.2"refer to the Informa1Camposile Ntgoii-
nting TextjRmision 2. A/CONF. 62/WP. 10/Rev. 2. 11 Apr. 1980. Articles of
ICNT/Rrv.2 referrcd to in this Mernorialarc attaasAnnex 1-21. It is important to '
notc, howevtr, that para. 10of Art. 76 of ICNT/Rev. 2 provides:'The provisionsof this
Articleare without prejudiccto the questionofdelimitationof the continentalshelfbctwecn
adjacent or oppositcStates", andin addition both Parties haveexptessedtheir rcscrvations
(as membersof the Arab group inthe Third United Nations Conferenccon the Lawof the
Sea) to the formulationof A76(1).other than to the words-"The continentalshcafof
coastalState comprisesthcsca-bedand subsoilofthe submarint areas that cxtendbeyondits
territoriala throughout the natural prolongation ofits land ter...".Libya also
reservcsalrights to its position(whcthcr individually oras a membcrofthe grco-of 29
further negotiationsorhei-wiscSeeaalso In. 1at p.abovc.3of ICNT/Rcv.2 as a basisfor
I.C.J. Reports 1969, p. 39. p.3.6
'Ibid..p.22. para. 19.486 CONTINENTAL SHELF [361

that the juridical basisin international lawofa State'sentitlement toareas
ofcontinental shelfoffitscoastsrestson "a physicalfact'" of "..a natural
prolongationof its land territory into and under the sea ...'because "...
the land is the legal source of the powerwhich a State may exercise over
territorial extensions toseaward a...".The areas of continental shelf thus

constituted are-
"...part of the territory over which the coastal State already has
dominion,-in the sensethat; although covered withwater, they are a
prolongation orcontinuationof lhat territory, an extensionof it under
the sea4."
86. In viewof.the foregoing,the Court found the first prerequisite for
delimitation of contested areas of the continental shelf lying in front of
adjacent States to be a good faith effort .to reach rnutual agreement

concerningthe areas appertaining to each. An agreement ondelimitation
should accord with equitable principles-
"...in such a way as to leave as much as possibleto each Party al1
those parts of the continentalshelfthat constitute a natural prolonga-
tionofits landterritory into and under the sea,without encroachment
on the natural prolongation of the land territory of the other ...6".
87. The conceptof the continentalshelfas the natural prolongationof

the State's land territory wasendorsedin its entirety by the Third United
Nations Conferenceon the Law of the Sea. In definingthe shelf,Article
76 (1 )of the ICNTIRev.2provida:
"The continental shelf of a coastal State comprises the sea-bed and
subsoilof the submarine areas that extend beyond ifs territorial sea
rhroughoutthe naruralprolongation of itsland territory ...'"(Ital-
ics added)
It thus explicitly~underscoresthe juridical significanceof the concept of
"natural prolongation".

88. The absence'of an agreement, necessitating the guidance of a
judicial or arbitral tribunal, leaves the fundamental principle of natural
prolongation unchanged. Thus, in the Arbitration between the United
Kingdom ofGreatBritain andNorthernIrelandandtheFrenchRepublic
ontheDelimitation of the Continental Shelf (the "Anglo-French Arbitra-
tion") theCourt of Arbitration' approvedthat principle forpurposesofits
awards.
89. The principle ofnatural prolongationmust necessarily be applied,

'I.C,J,Reports 1969.p. 51,para.95.
Ibid..p.22. para.19.
aIbid.. p. 51, para.96.
'Ibid., p. 31. para.43.
'Ibid.. p. 53. para.(C) (1) [dispositi/l.
'See fn.2 at p. 35 abovcandfn. 1at p. 4 abovc.
a Eiionsncof30tJunc1977and14Mar.1978. PrcscntodattoParliamenbt ytheStcrclaryof
Statcfor Foreign andCommonwealth Anairsby Command'of Her Majcsty.Mar. 1979.
Landon, H.M. StationtryOffice[1979]. Misc.No. 15,203 pages.(Cmnd.7438.): p. 51.
para.77;p. 52.paras.79 and80. [371 MEMORIAL OF LIBYA 487

not in .the abstract, but in relation to the geographical, geological and
other relevant,circumstances of the particular area. Thus, the questions
of geologyand geography become of decisive importance since, once the
natural prolongation of a State is determined, delimitation becornes a
simple matter of complying,with the dictates of nature. Therefore, if
proper effect is given ta the natural prolongation concept, no area of the
continental shelf couldreasonably be in contention between the Parties in
these proceedings, inasmuch as the delimitation of the boundary would
necessarily run in the direction of the natural prolongation away frorn the

Coast(in the presentcase northward). It followsthat no area ofoverlap-
ping claims would remain for the treatrnent envisaged in the dispositifof
the North Sea ConrinentalSheCfCases, which providesfor either agreed
division or joint use of the area of overlap or, failing agreement, equal
division of that area'.
90. The next Chapter, therefore, examines the legal significance of
physical features-geological and geographical-which serveto identify
the natural prolongations of the land territory of Libya and Tunisia
respectively. However, beforeturningto those physicalfactors, it rnust be
emphasized that in the Norih Sea ContinentalShelf Casesthe Court saw
no contradiction between the cardinal principle of natural prolongation .
and principlesof equity. The reason isclear. As the Court emphasized,
the rights or title ofa State over that area of shelf whichconstitutes the

natural prolongation of the land territory of that State "...existipso facto
and ab initia,by virtue of its sovereignty over the land ..y. There can
therefore be no possibleinequity in a delimitation which isconsistent with
the physical facts of natural prolongation. Indeed, it isentirely equitable
to recognizethe physical lirnitsof each State's natural prolongation in any
delimitation agreed between them, or, in the absence of.agreement, as
indicated by the impartial judgment of a tribunal.

I.C,J. Reports 1969, 53. para.IOl(C)(Z) [disposirin.
'Ibid.p. 22,para. 19. CHAPTERII

SIGNIFICANCEOF PHYSICALFEATURES
91. The legal doncept of the continental shelf necessarily takes into
account both the geology'and the physical and politicalgeography of the

area in question. In the North Sea ContinenralSheif Cases, the Court
spoke of the necessity "... to examine closely the geographical con-
figuration of the coastlines of the countries whose continental shelvesare
to be delirnited2."
92. For example, it is the geographical features of the coastline of a
State whichprovidethe basepointsemployedindelimiting the outer limits

of the territorial sea and, as proposed in ICNT/Rev. 2 ',of the continental
shelf as well. These same geographic features, used as base points, rnay
also be relevant in determining the boundaries between adjacent and
opposite States, if the equidistance method, or some variant of it, is used.
However, of far more fundamental importance is the concept that the
geographical features and general direction of a State's coastline deter-
mine the extent of the landmassand the direction of its natural prolonga-
tion. It is the actual coast-or for the purposes of delimitation the
relationship between two actual coasts-to which the legal principles
governing delimitation must be applied.

93. It was for this reason that the Court of Arbitration in the Anglo-
FrenchArbitration held as follows:
"The Court considersthat the method ofdelimitation which it adopts
for the Atlantic region must be one that has relation tothe coasts of

the Parties actually abutting on the continental shelf of that region'."
For the same reason the Court rejected the French contention based upon
prolongation of the lines of general direction of the Channel coasts
("lignes de lissage") far into the Atlantic Ocean. The Court observed

that such a contention-
"... detaches the delimitation almost compIeteIy from the coasts
which actually abut on the continental shelf of the Atlantic region,
and is thus not easily reconciled withthe fundamental principle that
the continental shelf constitutes the natural prolongation of a State's
territory under the sea5."

94. It is apparent also that the geographical configuration of a
coast-whether concave or convex, whether primarily regular or highly
irregular, containing gulfs, promontories or offshoreislandsor islets-may
determine decisively whether, in particular circumstances, the equidis-
tance method is equitable. The point is relevant to Tunisia's reliance

'See paras. 61 ihrough 68 abovefoasummary of the technical aspectsof the geological
Study attached as Annex II.
1.C.J. Reports 1969, p. 51, para.96.
'Sce fn.2 at p. 35 above.
'AngleFrench Arbirrarion, (Cmnd. 7438.),p.116, para. 248.
lbid.p. 115, para. 246.1391 MEMORIAL OF LIBYA 489

during discussions upon the equidistance method, discussed more fully in
paragraphs 126and 143through 153below. It supplies merely one more
example of the significance of the comment of the Court of Arbitration

that "...the validity of the equidistance method, or ofany other method ...
is always relative to the particular geographical situation1."
95. In sum, as the Court has expressIy noted with respect to the
physical factors which are necessarily involvedin consideringdelimitation

of the continental shelf, there can never be any question of completely
"refashioning naturee."

Anglc-FrenchArbitration(Cmnd. 7438.).p.54,para.84 (ltalicadded).
aI.C.J. Reports 196p. 49. para. 91. CHAPTERIII

EQUITABLE PRINCIPLESANDTHE
INEQUITABLE CONSEQUENCESOF
APPLYING THEEQUIDISTANCE METHOD

96. If. accepting the facts of geologyand geography, use of the natural
prolongation concept does not clearly iead to a decisive delimitation, the
problem then becomeshow"delimitation isto be eiïected by agreement in
accordance with equitable principles'." Inelaboraling the content of
these equitable principles it is important to note with the Court that in
applying equitable principles to reach an agreed delimitation-
"...it is not a question of applying equity simply as a matter of
abstract justice, but of applyingaule of lawwhich itself requires the
application of equitable principles..'."

As the Court concludes:
"On a foundation of very general precepts of justice and good faith,
actual rules of laware here involved whichgovern the delimitation of

adjacent continental shelves-that istoSay,rules binding uponStates
foral1delimitations2...[and again] ..it ispreciselya rule of law that
calls for the application of equitable principless".
97. As indicated above, the cardinal rule. so far as the Court was
concerned, is that of the legal consequences of natural prolongation.
Whether or not that rule isdescribed as an "equitable principle" islargely
a matter of semantics, for it is clear that the Court saw no contradiction
between "natural prolongation" and equitable principles. The physical
facts of natural prolongation haveto be accepted, and it isnot the function
of equity to disregard those facts and dictate a delimitation inconsistent

with those facts. However, where-unlike the present case-areas of
continental shelf may physically be consideredthe common natural pro-
longations oftwo States, sothat the physical facts of natural prolongation .
no longer açsist in defining the respective limits of the two shelf areas,
equitable principles, as a basis for evaluating the geographical and other
relevant circumstances, come into operation. Asis made apparent in this
Mernorial,the physicalfacts of natural prolongation doin fact indicate the
appropriate delimitation, which isone reflecting the character of the shelf
as an extension northwards of the land territory of Libya and of the
southern Coastof Tunisia. It would be only on a contrary view of the
physical facts that, treating the wholeshelf area as one to whichverlap-
ping claims are made, one would need to have recourse to the other
equitable principles elaborated by the Court.

98. Amongthe equitable principles listedbytheCourtas factors "to be
taken account of" in applying the equidistance method inthe delimitation
of areas of continental shelf was the concept of "proportiona1ity"-a
concept which requires careful analysis.
I.C.J. Reports1969, p.para.85.
'lbid., p46 and 47, par85.
aIbid.p,48, para88. MEMORIAL OF LIBYA 49 1

99. "Proportionality", in the sense of "apportionment'" of "just and
equitable share[s]'" of adjacent continental shelf on the basisof a princi-
ple of distributive justiceP,was decisively rejected by the Court when
advocated by the Federal Republicof Germany in the North Seo Conri-
nental Shelf Cases because it was "whollyat variance'" with the funda-

mental rule of legal entitlement to areas of the continental shelf.
100. A second conceptof "proportiona1ity"-the sense in which the
Court regarded "proportionality"as a possiblypertinent "factor" inego-
tiations between the three States before it-was expressed as-

"... areasonable degree of proportionality which a delimitation
effecied according to equitable principles ought to bring about
betweenthe extent ofthe continental shelf appertaining to the States
concerned and the lengthsof their respective coastlines.measured
according to their general directio...'".

This "factor" would accord with the factual correlation that, generally
speaking,the longerthe general direction of the coastline,the greater the
appurtenant continental shelf,

101. In determining the propriety of any method of delimitation of
continentai shelveseffectedaccording to equitable principles,this concept
of proportionality rnust therefore be considered. Pointingout how, in
certain geographicalcircumstances; particularly with respectto adjacent
States, the equidistance methad "leads unquestionably to in-
equity", the Court in the North Sen ContinentalShelf Cases made an
observation highlypertinent to the emphasis placed by Tunisia on the
equidistance method in its discussionswith Libya:

"The slightest irregularity in a coastline is automatically magnified
bythe equidistancelineas regards theconsequences forthe delimita-
tion of the continental çhelf. Thus it has been seen in the casof
concave or convex coastlines that if the equidistance method is
employed, then the greater the irregularity and the further from the
coastline the area to be delimiied, the more unreasonable are the
results produced. Sogreat an exaggeration of the conscquencesof a
natural geographicalfeature rnustberemediedor compensated foras
far as possible,beingof itself creativeof inequityb."

102. In rejecting the contention advancedin the North Seo Confinen-
rai Sheif Cases that the equidistance method had attained obligatory
status, the Courtemphasized-

"..that the essential reason whythe equidistancemethod isnot tobe
regarded as a ruie of lawis that, if it wereto becompulsorily applied
in al1situations, this wouldnot be consonant with certain basic legal
notionswhich ...have fromthe beginning reflectedthe opiniojuris in
'I.C. J.ports 1969p. 22para18.
'Ibid ..21,para. 17.
'Ibid .,22,para.19.
'Ibid ..52,para. 98; asee p54.para.101(D) (3) [dispositv].
'Ibid .,49,para89(a).492 CONTINENTAL SHELF (421

the matter of delimitation; those principles being that delimitation
rnust be the object of agreemeni betweeh the States concerned, and
that such agreement must be arrived at in accordance with equitable
principles'".

The Court had earlier observed:
"These two concepts, of delimitation by mutual agreement and
delimitation in accordance with equitable principles, have underlain
al1the ..history of the subject [subsequentto the Truman Proclama-
tion of 28 September 1945Ie".

103. The comment of the Court to the effectthat, in the application of
equitable principles, "... the equidistance method can be used, but other
methods exist .. .3",is10be read inthe light ofthe fate ofacontention by a
party to the North Sea Continental Shelf Cases that the equidistance prin-
ciple is by definition an "equitable principle" of delimitation. The Court
rejected the contention on the ground that it "... involvesa postulate that
clearly begs the whole question at issue 4."

104. A consideration which led the Court to the conclusion that the
equidistance method is not expressiveof customary law was "...the part
played by the notion of special circumstances relative to the principle of
equidistance as embodied in Article 6 [of the 1958 Convention]
The intimate and inseparable relationship issumrned upin the hyphenated
term "equidistance - special circurnstances rule", a phrase employed by
the Court of Arbitration in its Judgment6. Since Article 6 of the 1958
Conventionisin nosenseobligatory uponthe Parties, the "special circum-
stances" componentof the rule doesnot fa11tobe considered in this case as
such. Itrnust be noted, however,that inview ofthe circumstances of this
case in which natural prolongation isthe controlling principle, the equidis-
Lancemethod has no valid applicalion.

--
'I.C.J.Reporis 1969. p46, para85.
'Ibid.. p. 33,para.47.
'Ibid., p. 24. para. 24.).
Ibid..p.42, para. 72.
'Angla-FrenchArbirrarion.(Cmnd. 7438.), p48, para.70. CHAPTER IV
STATE PRACïICE

105. The inescapable conclusion fromthe foregoing,as this Court has
held, is that thereisno single methodof delimitation, the useofwhich is in
al1circumstances obligatory'. Moreover, as the Court concIuded in the

North Sea ConrinentolShelf Cases-
"...the international law of continental shelf delimitation ...permits
resort to various principles or methods ..providedthat, by the appli-

cation of equitable principles, a reasonable result is arrived at2".
106. This conclusion iç confirmed by State practice. Whatever the
undoubted convenience of the equidistance method in many situations,

practice disclosesthat there are ather situations in which-for reasons of
equity and becauseofthe geographical configurations inquestion- States
have adopted someother method of delimiting their maritime boundaries.
(See, e.g., paragraphs 117 through 119 below and illustrative maps
accompanying these paragraphs.)

107. These methods includethe varying or modificationof strict equi-
distance. Such a method was adopted by the Court of Arbitration to
produce an equitable delimitation in the South-West Approaches or
Atlantic area3. Another example is the IndonesianjMalaysian Agree-
ment of 27October 1969' whichmodifieda lateral, equidistance boundary
off Borneo and Sarawak so as to give reduced effect to the Indonesian
island groups of Kepulauan Natuna Selatan and Kepulauan Natuna

Utara, on the basis that their effect diminished in proportion to their
distance offshore.

108. There are also situations in which ihe parties haveused methods
which are consideredjustified in their own right, and which do not derive
from the equidistance principle. There are numerous examples of these
methods, which usually involvethe projection ofa line so as to produce an
equitable delimitation of the maritime area.

(a) For example, in the Senegal/Guinea Bissau Agreement of
26 April 19606 equidistance is not used, nor do the islands offshore
afieci the boundary. The boundary is in fact a straight line pro-
iected seawards from the land boundary along,the 240" azimuth.

'I.C,J. Reporf1969.p. 53, para. 101(A) and (B) [disposirijl.
'Ibid.p. 49. para.90.
aAnglo-FrenchArbitrotion. (Cmnd.7438.)
Geographcr,UnitedStates DepartmcntofStatc. SericsNo.W1.21 Jan. 1970. Inaccord-.he
anccwiihAri.50.para.2of theRulesofCourt.acopyhasbccndcpositedwiththeRcgistrar.
Itshouldbc notcdthatcertainpapcrinihisscritsbcarihc lorcgoingtitle, whileothersare
entitled, "Limirsin the Seas".
Limits iniheSeas: Washingto..C. ,fficeofTheGcographerU, nitedStatesDepartment
ofStatc.No.68,15Mar.1976. InaccordancewithArt.50.para.2oftheRules ofCourt,al1
papcrsinthcLimitsintheSeas scricsrcfcrrcdto inthisMcmorialhavebecndrpositcdwith
the Rcgistrar. CONTlNENTAL SHELF [al

(b) The Colombia/Ecuador Agreement of 23August 1975lis a
straight line projecting from the land boundary along the parallel
of latitude. It makes no useof equidistance norof the Ecuadorian

straightbaseiine.
(c) Another agreement involving Colombia is the Colom-
bia/Panama Agreement of 20 November 1976'.This involvestwo
separate boundaries. The boundary in the Pacific, though using
rnodifiedequidistance for part of its course, uses for the latter part
of itscoursea straight iineof some70to 72nautical milesin length
along the5" parallel. The boundary in the Caribbean Sea consists
of a series of straight lines which-while using rnodifiedequidis-

tance for part ofits course-develop into a step-likeconfiguration
where they becomea boundary between thePanarnanian coast and
the srnallColombian islands or cays of Albuquerque and Sudeste.
Its basis is simplicity and not equidistance.
(d) Yet a further Colombianagreement is that with Costa Rica
of 17 March 1977'. This continues to the Westthe line agreed

between Colornbiaand Panama. It consistsof twostraight lines,the
first along theparallel of latitude 10"49' N, and then a line due
north alongthe meridian 82O 14'W.With respecttothisAgreement.
The Geographer of the United States Department of State has
observed :
"The delimitation appears to have been negotiated on the basis of

equitable principles established by agreement between the two
states4".
(e) The Brazil/Uruguay Agreement of 21 July 197Z5,a bound-
ary between adjacent States, consists of a single rhumb line
extending seaward along a 128"azirnuth.

fl Finally, the recent (and unpublished) Nether-
lands/Venezuela Agreement of 31 March 1978,which specifically
recites the aim of the parties to apply equitable principles, adopts
twostraight linesto the east and Westof the islandsofBonaire and
Aruba oii the Venezuelancoast. These incline inwards in a nar-
rowing "funnel", to form a semi-enclave round the islands; the
boundary lines do not depend on equidistance.

109. Thus, State practice confirmsthat applicationof the equidistance
method isneither mandatory nor inevitable. Indeed, in a nurnberof
recently negotiated agreements States have utilized straight lines drawn
on equitable principles to resolve questions of delimitation.

'LimitsintheStas.No. 69. 1Apr.1976.
'fimirsintheSeas.No. 79. 3Nov.1978.
LimitsintheSeas.No. 84.15 Fcb.1979.
'Ibid ..5 (awpy ofthipageis attachcd.Aannex 1-22).
LimirsinTheSeas. NO. 73.30Sep. 1976. PARTIII

APPLICATION OFTHE LAW TO THE FACTS

CHAPTER 1

APPLICATCONCEPTOFTHIN THEATPRESENT PROCASEATION

Introduction

110. As has been demonstrated in paragraphs 85through 87above,it
is a settled principle of international law that-

"...[theegal] institution ofthe continentalshelf hasarisen out of the
recognitionofa physicalfac..[and is...y definition,an area physi-
cally extendjng the territory of most coastal States into a speciesof
platform ...'".
As stated by the Court:

"What confersthe ipsure title whichinternational \awattributes to
the coastal State in respectof itscontinental shelf,is the fact that the
submarine areas concerned maybedeemed to beactually part of the
territory over which the coastal State already has dominion-in the
sense that, although coveredwith water, they are a prolongation or
continuationof that territory, an extensofit under the seae."

SECTION 1. GeologicalandGeomorphological Featur es theArea

111. In the drds of the Court:"[t]he appurtenance of the shelf to
the countries in front of whosecoastlines it lies, is therefo...'".act
Inasmuch as itisa fact, it followsthat-
"..it can beuseful toconsiderthe geologyofthat shelfinorder to find
out whether the direction taken by certain configurational features
should influencedelimitationcause,incertain localities, theypoint-
upthe wholenotionofthe appurtenance of the continental s;Othe
State whoseterritory itoes in fact prolong3."

112. The geoIogica1Study filcwiththis Memorial as Annex II, the
technicalfindingsof which are briefly summarized in paragraphs 61
through 65 above, demonstrates that the areas of continental shelf "in
frontof" the Libyan coastline appertain to Libya as a matter of fact.
Therefore under the natural prolongation concept these areas of shelf
must necessarilyappertain to Libya as aatter of law as well.

1 13. The essential pointsin the geologicalSt(Annex II) that lead
to and confirm this conciusionare these:
'I.C.J.Reports 1969,ppara95.
lbid., 1, para. 43.
aIbidp.51.para. 95.496 CONTINENTAL SHELF t431

(a) The area of continental shelf concernedis part of a distinct
geologicalunit, the PelagianBasin,whichispart ofthestableAfrican
platform lo the south. Thisarea isgeologicallydifferentand distinct
from the Atlas Mountain region of Tunisia Westof the north/south

fault line running fromGabes to Tunis. Thus, al! of Tunisia westof
this line is part oa different geologicaldomain.
(b) Within the Pelagian Basin,and therefore the continental shelf
in question, there is a dominant tectonic trend, the Sirt Basin rift
systern,runningfromthe Libyan landmass to the southeast into the
Gabes-Sabratha Basin to the northwest. This rift system, which is
associatedcloselywiththe Libyanlandrnass,hascaused the principal

geomorphologicaland bathymetric characteristics of the shelf area
under consideration. This connectioncan be seen clearly from the
bathymetry and the bathymetric overlay to the tectonic trend map
included in Annex II (Plate 6 and Figure 13).
(c) Analysisof the rock formationsand compositionfurther under-
scores the connection between the North African landrnass to the
south and the area of continental shelf to the north.

In sum, scientificfindings basedon the geologyof the area lead to the
inescapable conclusionthat the continental shelf in question constitutes
the natural prolongation northward of the North African landmass.

SECTION 2. GeographicalAspects

114. The most prominent geographic configurationof the land area
from which the North African continentalshelf projects northwardis the
general easl/west directionof the North African coasttine. Asindicated
in paragraphs 158and 159 below,an anomalous variancein the general
east/west trend of the North African coast isthe turning northward ofthe
Tunisiancoastline, forming aclassicalexampleof "...an incidentalspecial
feature fromwhichan unjustifiabledifferenceoftreatment couldresult'."

115. Indeed, the evidenceadduced in paragraphs 61 through 68 and
74 aboveleads to the conclusionthat, in the relevantcircumstanceswhich
characterize the area ofthis case,the directionof the natural prolongation
is determined by the general geologicaland geographical relationshipof
the continental shelf to the North African landmass, and not by the
incidental or accidental direction of any particular partof the coast.

116. Yet further support for a method of delimitation which refiects
the natural prolongationnorthward of the North African landmassis the
fact thatsuch delimitation wou1drepresent a projection northward of the
terminalpointofthe territorial landboundary between finisia and Libya.

'I.C.J.Report1969,p. 50,para91 (Italics added) MEMORIAL OF LIBYA 497
i491

The use of a lineoflongitude (or latitude) drawn from the terminal point
of the land boundary ofadjacent coastal States, and projected seawardsas
a maritime boundary, iswell established by State practice.
1 17. For example, the Gambia/Senegal Agreement of 4 June 1974'
continues the land boundary along the line of latitude:

(Set forth above is a reduction of a map portraying the Gambia/Senegal
Agreement'.)

'LimirsintheSeas.No. 85.23 Mar. 1979.498 CONTINENTALSHELF

118. Anotherexample ofthe continuation ofa landboundaryalonga
lineoflatitudeis theColombia/Ecuador Agreement of 23 August 1975':

(Setforth above is areductionof amap portrayingtheColombia/Ecuador
Agreement l.)

Lirniis theSeasNo. 69.1 Apr.1976. 499
[s11 MEMORIAL OF LlBYA

119. Onsomewhatsimilar principles,theBrazil/UruguayAgreement
of 21 July1972' usesa rhumblineperpendicularto thegeneralline ofthe
Coast.

(Set forthaboveis a reductionof a map portrayingthe Brazil/Uruguay
Agreement'.)

Limiis theSeas,No.73, 30 Sep.1976.500 CONTINENTAL sHELF 1521

120. In this case, it is far from unreasonable to imply. on historical
grounds, the consent of the Parties to the prolongation seaward of the
terminal point demarking their boundary. Such a prolongation north-

ward corresponds directly to the result of applying the method-justified
by whoIlyseparate considerationç-of refiectingthe northward prolonga-
tionof the North African landmass. It would be difficultto finda more
equitable processthan such a doubly-based methodof delimitation. As
indicatedinparagraphs 24and 25above,the TunisianGovernment andits
predecessors have causedthe Tunisia/Libya boundary to move steadily
eastward since the 19th Century. The resutt of this Tunisian eastward
expansion is that the land boundary' now terminates at Ras Ajdir,and
that Tunisia thus benefitsfrornthe natural prolongationnorthward of the
landmass lyingto the Westof that point. Anydelimitation resulting in a
shelf boundaryyet further eastward-r other than northward frorn Ras
Ajdir-would both compoundany historical injustice inherent in the pre-
sent land boundary, and be inconsistent withthe applicationof the funda-
mental legal principle which requires giving effect to the natural
prolongation northward of the North African landrnass.

Scefn.1atp. 12abavcrcgardingtheland bounyscstablishbythe 1910Convcntion. CHAPTERII

APPLICATION OFTHE EQUiDlSTANCE METHOD
WOULDBE INEQUITABLE AND lNAPf ROPRIATE

Introduction

121. In view of the delimitation which would be consequent upon
application of the settled principles and rules of international law
described above to the facts and circumstances which characterize the
area, it may appear redundant to dwell upon the reasons why application
of the equidistance method, or any variation thereof, must bring about an
inequitable and inappropriate delimitation in this case. It is, of course,
setlled that the equidistance method is not obligatory'.

122. Nonetheless, even though the law as applied to the facts of the
present case invalidates, per se, an automatic application of the equidis-
tance method, it may beconvenient forthe Court to have beforeit particu-
lar considerations directly relevant to this case which make clear that
application of the equidistance method would resu1tina disproportionate
delimitation of the continental shelf and would beinequitable and inap-
propriate. This would be true even if the pertinent geological and geo-

graphical factors did not in and of themselves cal1for a delimitation of
areas of the continental shelf appertaining to each Party such as would
refiect the direction of the prolongation northwardthe termina1pointof
the land boundary between Tunisia and Libya.
The question to be examined is in reality two-fold: first, it
123.
involvesan examination of the baselines from which Tunisia apparently
proposes to draw an equidistance line;and second, it calls for an enquiry
into the inequityesulting from an application of the equidistance method
inthe circumstances characterizing the area. Significantly, this inequity
would exist without regard to the baselines unilaterally promulgated by
Tunisia in 1973 or any other baselines.

SECTION 1. The TunisianClaims

124. As indicated in paragraph 41 above, Tunisia has distinguished
between two different sectors of alleged maritime boundary in claims
which it asserted in 1976.

125. The first line claimed by Tunisia is from Ras Ajdir out to the 50
metre isobath. In this sector Tunisia apparently aileges thaa delimita-
tion isalready established, onistoricgrounds, along the43'21' (or 45°)2
line running in a northeasterly direction.

126. The secondsector, beginning al the 50metre isobath, constitutes
the major portion of the maritime boundary. In this sector,unisian
reliaoce during discussions was grounded upon strict application of the

'I.C.J. Repor1969. p53.parasIOI(A) and (B) [disposiiijl.
SccTrialp. 18above. 502 CONTINENTALSHELF P4]

equidistance method, based uponthe 1973Tunisian baselines. In terms
of Tunisia'semorandum circulated to diplornatic missionsaccredited to
Tunisia on 18 May 1976:

"Thus the delimitation of the continental shelf between Tunisiaand
Libya beyond the 50 metre isobath shouldbe in conformity with an
equidistance line drawn in accordance with international Law...'".

This phrasingdoes not rely uponthe 1973baselines expressly, but itmust
beassumedthat Tunisiaregards itsbaselinesas being"in accordancewith
international law" and would,accordingly,wish to draw the equidistance
@ boundary from those baselines. (Map No. 8 facing this page portrays
what is assumed to bethe lines drawn according to the 1976 Tunisian
Memorandum2.)

127. As wilf be apparent, Libya does not accept the division of the
maritime boundary into the two sectors identifiedby Tunisia. Nor does
Libyaaccept the validity of the supposeddelimitation out tothe 50 metre
isobath orof the "historic"rounds uponwhichthe 43" 21' (or 45°)a line
isalleged to rest. It is the purpose of this Chapter therefore to demon-
strate the inequitable results of the equidistance method as appltodthe
continentalshelfboundaryasa whole,and notmerelythat part beyondthe
50 metre jsobath. Moreover, whereas paragraphs 82 through 109 above

have demonstrated that the equidistance method is not obligatory as a
matter of general international law,it isthe purposeof the present Chap-
ter further to demonstrate that, when applied to the circumstances and
facts of this particular case,it wouldin fact producean inequitable result.

SECïION 2. TheTunisianStraight Baselines of 1973

128. Asisapparent from the facts setout in paragraphs 51through 53
above,the 1963TunisianLaw leadsto threeimportant conclusions. First,
that, with the one exception of the Gulf of Tunis, the baselines for the
territorial sea wereto bethe normal low-watermark; second,that onlythe
Gulfof Tunis (and not the Gulf of Gabes) merited closureby a straight
closing lineon the basis that was an "historic" bay;and, third, that the
area beyond the territorial sea betweenRas Kaboudia and Ras Ajdir, and
out to the 50 metre isobath, was a fishing zone and not part of the
territorialea.

129. In the light of those conclusions,the pretensions inherent in the
later 1973Tunisian Law are quite exlraordinary'. Libya does not contest
Tunisia'sdaim to a 12-mileterritorial sea, but it does contest the 1973

'Sec para. 13oAnnex 1-10 attachcd,also set fp.t19 abovc.
Sincenomapscitingforththeprccircclaim hasevcrcornetothcattention ofLibya,itisnot
certainwhatthepreciseboundarylineswcreintcndtdbyTu10be.Forexample.it isnot
clearwhat line is intended afterjuncturewith the50 metreisobaih to connect with the
equidistanceliOnMapNo. 8thesepointsofjunctureareconnectedhyalinedrawnalongthe
'Sec fn.al p. 18 abovc.
'Sec paras.5and 55abovt. i551 MEMORIALOF LIBYA 503

baselines because of their intrinsic illegality and the illegitimacy of their
use forthe purposesof drawing an equidistance boundary-strict or rnodi-
fiednf the continental shelf.
130. The 1973 Tunisian Lawand Decree (Annex 1-17) posit a system
of straightbaselines around the Kerkennah Islands and a straight closing
line in the "Gulf of Gabes" which joinsRas-Es-Sarnun and Ras Turgue-t
ness. (The precise lines are specifiedin th1973 Tunisian Decree. See

@ Mop Nû. 4 facing page 24 above.) Neither the 1973 TunisianLaw nor
Decree provide any legal justification fortheselines; there is no indica-
tion whether these baselines are to bejustified by reference tothe Rules of
Articles4 or 7 of the 1958 Convention', or by reference to an "historie"
claim. Of necessity,therefore, each of these separate legal basesrequires
examination and comment.

A. STRAICHT BASELINES A:RTICLE 4
131. This Article of the1958 Convention was designed to codify the
1951Judgrnent of the Court in the Anglo-NorwegianFisheries Cas8 and,
as in that case, wasdirected towards a coastline of an exceptionalarac-

ter. It is a baseline system warranted only "[iln localities where the
coastline is deeply indented and cut into, or if there is a fringe of islands
along the coast...'".Lest it be thought that this basic condition for this
type of baseline system hasbeen rnodifiedinrecent years, it isnecessaryta
point out that Article7 of the ICNT/Rev. 2 is in identical terms.
132. It is obvious that the Tunisian coastline is not of this character

and does not conforrn to khiscondition. Unlike the Norwegian coast, it is
not deeply indented. Nor are the Kerkennah Islands part of an island
fringe. On the contrary, lhey are two localized and isolated islands.
133. Even if the coastline were appropriate for a system of straight
baselines, both Article(3) of the 1958Convention and Article 7(4) of
theICiVT/Rev.2 specify that straight linesshould not be drawn from low
tide elevations. The 1973 Tunisian Decree adopts straight baselines

around the Kerkennah Islandsdrawn from the followingbeacans listed on
the next page':

'AlthoughTunisiahasnotratifiedtConvcntionArt.4 thereofis, in essecodifica-
tion of the 1951 Judgmeofthis Court in tAngh-Nomegian FisherieCase,I.C.J.
Reports1951,and Art.7is gtnerallyrcgardcdas a codification ofcustornarylaw.
'I.C.J. Reports 1951.
' 1958ConventionArt.4(1).
'Sec fn.atp. 25 above. CONTINENTAL SHELF

Chebba No. 1 ...............................
Maruka ........................................
El Barani .....................................
EI Mzebla ...................................
Sakib Hamida No. 1 ....................
Sakib Hamida No. 2 ....................
Oued Bou Zrara No. 1 ................
Oued Bou Zrara No. 2 ................
Oued Mimoun No. 4 ....................
Oued Saadoun ..............................
Samoun ......................................

Significantly,current French marine charts do not even mention beacons

(a) (f) (h) or (k) Moreover, not a single base-point upon whichthe
1973Tunisian Decree reliesisabovethe sea levelat al1times. In fact, al1
suchbase-pointsare lowtide elevations,the useof which,as base-points,is
prohibited by law. For example, Maruka (b) is covered at al1times by
between 1 and 1.3 metres of water; Barani (c) by between 1.2 and 1.3
metres; Mzebla (d) by between 1.6and 2 metres; and Sakib Hamida No.
1 (e) by between 0.2 and 1 metre.

134. It may also be added that arguments based upon traditional
fisheries or "economic interests" can have no significance because such
arguments could at bestjustify parlicular baselines if a system ofstraight
baselines were in general legitimate. Howevcr, in the present case, the
Coast we are concerned with does not conform to the type for which
straight baselines are appropriate in general, so that an "econornic"
justification forparticuiar baselines is in any event irielevant.

135. The conclusion rnust be, therefore, that a system of straight
baselines is not legally justified on this basis. This is, of course, the
conclusion which had previouslybeen reached byTunisia itselfin its 1963
Law1.

136. Article 7 of the 1958 Convention and Article 10 of the
ICNT/Rev. 2 are in virtually identical terms. Asto the characterization
of an indentation as a legal "bay", the rule requires the construction of a
semicircle upona diameter consistingofa line drawn between its"naturai
entrance points". The Tunisian baselinein factjoins the Island of Djerba
and the Kerkennah Islands, and certainly the latter can in no way be
considered as a natural entrance point for the Gulf of Gabes2.

'See also fn. atp. 24 abovt. inwhich attentionis drawnto thc fact thatforthe smallarea
immcdiately adjacentto thebyanfrontier(from RasAjdirwcstto the Islandof Djerba)
and forthe largeareamoreremote from the arof the Mediterraneanunderscrutinyin
thestproceedings(from Ras Kaboudianorthto Cape Bon)Tunisia hasbcen conthaveo
its baselinesfollowthc natural coastline.
'See para.78abve. i571 MEMORIAL OF LIBYA 505

137. In any event,evenwherean indentation doesqualify as a bay, the
maximum permissible length fora closing line is 24 miles: the Tunisian
line drawn between the Kerkennah Islandsand Djerba purporting toclose
the so-called "Gulf of Gabes" is some 46 miles in length, and is clearly

illegal byreference to the normal rules forbays (as more fullydiscussedin
paragraphs 78 and 79 above).

138. There is no doubt as to the existenceof this category of bays sui
generis. Where a bay fallsinto this category, the State in effectclaims on
the basis of a prescriptive right, evidencedby long usage and the acquies-
cenceof other maritime powers,to treat the waters behind the closing line
as internal waters.

139. The Tunisian assertion of an "historie" title to the "Gulf of
Gabes" is,sofar as can be ascertained, relatively newalihough discussion

of the status of the Gulf is to be found in academic writings. Gidel, for
example, treated the regime of the "Gulf of Gabes" with caution.
Although he expressed no doubt as to the nature of the Gulf of Tunis as
"eaux historiques'", he treated the "Gul f f Gabes" in quite différent
terms, as a zone of sponge fisheries limitedby the 50 metre isobath, and
subject toTunisianjurisdiction2. It isapparent that Gidel was fullyaware
of the difference betweena fishery zone, basedon proprietary rights in a

sedentary species,and a claim to internal waters. François, in his Report
to the International LawCommission,displayed sornewhat lesscaution in
assimilating what he recognited to be a fishing zone with "eaux histori-
ques," although even he noted that the limits of the zone-the 50 metre
isobath-were based upon "...l'usage quiétaitfait de ces eauxa." Thus,
François sawthem essentially as a fisheryzone,and his subsequent asser-
tion that Tunisia was entitled to treat the waters as territorial waters-a

claim never in fact made by Tunisia-shows an unfortunate confus;on
between three different concepts, namely internal waters (eaux histori-
ques), territorial waters, and fishery zones. The difference between a
fisheryzoneon the one hand and both internaland territorial waterson the
other hand was quite firmly established in international law. Itwill be
recalled that the compromise formulae at the 1958 and 1960 Geneva
Conferences on the Law of the Sea-the various versionsof the "six-plus-

'GIDEL .ilbertC.:LDroit IniernationPublicdela Mer. Pari1934.VolIII, p.66(a
wpy ofthispageisattachcdasAnnex 1-23).STROHL M,itchellP.TheInicrnaiionalLaw
ofBays.The Hague. The Netherlands.MartinusNijhoff, 1963p.263(a copyof this
page isattachedaAnnex 1-24)rnisreadGidelinassumingthatGidelrreatsthe Gulfof
Tunisand the Gulfof Gabes on thesamebasis,as histoncwaters,7he correctview,
regardingthezonepurely asa fishjngzone,is&en inBOUCHEL Z,oj.:TheRegime of
Bays in InrernarionaLaw. Leyden,The Neiherlands. A. W. Sythoff-Leyden.1964,
p.221 facopy of lhispage isaltachedas Annex1-25),althougheven helapsesin10
confusingrecognitionof fisheriesjurisdictwithrecognitionof sovereignty.
'GIDEL ,p.cil.
aAnnuairedela Commission deDroit InlernaiionDocumentAJCN. 4/42, 1951;Vol.II.
p.97 (a copyofthis pageisattachcdasAnnex E26).506 CONTINENTAL SHELF

six" formula-all depended upon this important distinction. Indeed,
Tunisia voted forsuch a formula1. And, as has been seen, the 1962 and
1963 Tunisian Laws proceeded on the same basis, by adopting a clear
distinction betweenthe territorial sea and fisheryzonesbeyondthe territo-
rial sea2.

140. As the earlier examination of the Tunisian practice has demon-
strated, the mostthat Tunisia everclaimed in the "Gulf of Gabes" waa
property right in certain species of fish, sponges and coral: it waa
property right to certain resourcinan area of high sens. At no stage
prior to 1973,did Tunisiaclaim the "Gulf of Gabes" as territorial waters,
let aloneinternal waters. Indeed,there isno evidenceof a Tunisiandenial

of innocent passage or even a claim that passage existed by right of
innocent passagerather than by right of freedom ofnavigationonthe high
seas. The 1963Tunisian Law in fact treated the "Gulf of Gabes" as a
contiguous fishery zone, lyingbeyond the territoriala.
141. There is,in particular, no evidenceof any acquiescenceby Libya
in the Tunisian claim to treat these large expanses of water as internal

Tunisianwaters oras territoria1,waters. On the contrary, whenthis clairn
wasmade manifest in the 1973TunisianLaw, Libya tookthe opportunity
of reserving its positionwith regard to the 1973Tunisian Law, and al1its
implications,inthe discussions betweenthe Parties which were currently
being held. This reservation wasreiterated by the Libyan Note of 20
January 1979 to Tunisia (attached as Annex 1-27).

142. The foregoing analysisof the Tunisian versionofstraight base-
lines introduced in1973clearly establishes those baselines to be contrary
to settled rulesand principlesof international law. It is equallyclear that
Tunisia'sapparent insistence uponstrict application of the equidistance
method3couldleadonlyto whollyinequitableand inappropriate results,as
shown by the followingSection of this Memorial.

SECïION 3. THE ASSERTED "RULE" OF STRICT
EQUIDISTANCE INVOKED BY TUNISIA
DURINGDISCUSSIONS

143. The expositionof the applicable law and of the equitable princi-
plesrelevantto a continental shelfdelimitation aiready set Forthin Part 11
above enables this examination of the status of the so-called "rule" of
equidistancetobemadequite briefly. Asthis Court has made clear, there
is nosuch mandatory rule in customary international law. Indeed, in the
view of the Court of Arbitration, there is no rule of equidistance per se
even under Article 6 of the 1958 Convention.

AfCONF. 1918.p. 32.SessiooftheSecondUnitedNatioConfercncontheLaw of
theSca.
aSee paras.41 and42 abovc.. i591 MEMORlAL OF LIBYA 507
144. in the present case, by the terms of the Special Agreement, the
Court is directed to take account of the newaccepted trends of the Third
Lawofthe Sea Conference;and insofaras Article 83ofthe /CNT/Rev. 2

reflects these trends there, too, equidistance is not a "rule" but only a
method to be applied, where appropriate, to produce a delimitation in
accord withequitableprinciples'. There isnoquestionthat, àsa matter of
law, equidistance issimplyone possible methodof givingeffectto equita-
ble principles. Inal1cases,however,the useofequidistance-whether in
strict or "modified" form-is subject to the overridingobligationto reach
an equitable result.
145. Whether a result is equitable can only be determined in the

circumstances of the particular case. However, boththis Court and the
Court of Arbitration found utility in the application of the factor-or
guide-of "proportionality" as evidence of the equity or inequity of a
particular result. The Court referred to the justifiable expectation that
there should be-
"..a reasonable degree of proportionality'.betweenthe extentofthe
continental shelf [areas] appertaining to the States concerned and
the lengths of their respective coastlines...measured according to

their general direction...*".
146. It is difFicult,in the face of the relevant circumstances which
characterize the general area of concern in this case, to conceiveof an
appropriately definedor demarked space which, if delirnited by the equi-
distance method, would not allocate to Tunisia a disproportionately large
area of the single shelfcharacterizing this area and which, accordingly,
would notencroach upon areas appertaining to Libya upon the basis of
settled principles and rules of international law.

147. If,forexample, an area were to behypotheticallyprojected from
the two adjacent coasts of Tunisia and Libya and enclosed by a line of
latitude from a point on the east-facing portionof the Tunisiancoast (Say
Ras Kaboudia, solely for illustrative purposes) and a line of longitude
from any point on the Libyan coast of roughly equal distance from the
terminal point of the land boundary betweenTunisia and Libya, an equi-
distance line drawnfrom Ras Ajdir in such an arbitrarily enclosed area
wouldcut sharply across the Libyan coastal front and producean area of

shelf,attributable to Tunisia,of approximately 42,000 square kilometres,
or nearly 70per cent.ofthe total area; whilethe area attributable to Libya
wouldapproximate 20,000square kilometres,or some 30 per cent. of the
totala.
148. On this hypothesisTunisiawouldclaim,usingequidistanceonthe
basis of its 1973 baselines, more than two-thirds of the shelf area (and

'Seefn. 2atp35,abovc andfn.3 at p61 bclow.
'I.C,J. Rcpor1969. p.52,para.98.
'InihishypothesisthearcasoftheIslandof Djerbaandthe KcrkcnnahIs(500sq .m.
+ 180 sqkm. = 680$9.km.) arcexcludcd,so ththeFiguregivcnart of maritimeartas
cxclusively,and tfiguresarcroundcoff.508 CONTINENTAL SHELF [601

evenmorethan that under the Tunisiandaim to the 45"' lineout to the SO
metre isobath). This aoalysis maywellexplainwhyTunisia announceda
claim based on strict equidistance, made even more inequitable by the
1973baselines. It goesfar toexplain, also,whyTunisia lostinterest inthe
idea of joint exploitationof the area, which was discussed betweenthe

Parties during the period from 1972to 1975.

149. Nor doesthe inequityof the equidistancemethodarise only when
the Tunisian 1973 baselines are posited. Even when one sets aside the
1973baselinesand draws the equidistanceline from the Island of Djerba
and the Kerkennah Islands the result remainsgrosslyinequitable. These
islands,projccting from the coast, distort the broadly equal lengthsof the
two coastlines, thus.producing a correspandingdistortion in the equidis-

tance line. The inequity is only rnarginally abated if the Kerkennah
Islands are ignored as basepointsand equidistance is measured from the
mainland coasts. Tunisia then wouldclaim 62 percent. of the shelf area
on the foregoing hypothesis. It willbe seen, therefore, that any of these
accidental and incidental coastal configurations are such as to create
results grosslyinequitable to Libya oncethe equidistance method is used.
In the next Section we shall examinein detail the geographical features
whichproducethis inequity,such as the slopingaway of the Libyan coast
to the east, the concavity of the Gulf ofGabes and the convexityof the
Tunisian mainland in the Ras Kaboudia area. It is greciselysuch "rele-
vant circumstances which characterize the area" in terms of Article 1of
the Special Agreement that should be taken into account by the Court in
rendering judgment and in the contentionof Libya wouldeliminate appli-
cation of the equidistance method as inequitable and inappropriate.

150. Although comparative figures-being based upon hypothe-
sis-are necessarilyapproximate and conjectural, theytend to support the
uncontrovertible factual evidence and applicable legal principles which
clearlydernonstrate the inequitableand inappropriate resultsof the equi-
distance method, while, at the same time, confirming the validity and
fairness ofthe method reflecting the direction of the prolongation north-
ward of the terminal point of the land boundary between Tunisia and
Libya.

151. It willalsobe apparent that indernonstratingany suchhypothesis
comparing the areas of continental shelf attributable to the two adjacent
States, the entire area of seabed and subsoil beyond the low-water mark
must be taken into account. The 1963 Tunisian Law (referred to in
paragraph 51 above), with the exception of its treatment of the Gulf of
Tunis, correctly took the normal low-watermark as baselines for the
territorial sea. The continental shelf, likewise, must be regarded as
embracing the entire seabtd area-beyond the low-tide mark along the

'Scc fn.atp. 18above.Coastof the landmass. This conclusion is compelled by the Court's con-

cept ofthe shelf asthe "...natural prolongation of [the] land territory into
and under the sea ...ln.
152. Moreover, this viewissupported by a number of cogent, practical
considerations: First, the inclusionof the area of the territorial seâ avoids
the difficulties of making the comparisons required by equity in cases

where twoStates adopt different breadths of territorial sea. Second, and
on similar reasoning, the area must be measured from the mainland low-
tide mark soas to avoida distortion of any comparison dueto the fact that
oneState adoptsa systemofstraight baselines,or closing linesacross bays,
which may be highly controversial and which would tend to exclude large
areas of seabed frorn the comparison.

153. This is not to dispute the importance of baselines, or the limits of
the territorialsea, forjurisdictional purposes. The concept that the conti-
nental shelf extends beyond the lirnitof territorial sea is important in a
jurisdictional sense because ofthe full sovereignty whichthe coastal State
exercises in the territorial sea' as compared with the lirnited sovereign
rights of the coastal State over the soi1and subsoilof its continental shelf.
However, present considerations are concerned not withthe general ques-
tion ofjurisdiction but with the proposition that, for purposes of effecting
an equitable comparison, the entire area must be considered and not
simply that part which is artificially separated by either baselines or the

lirnitsof the territorialsea.

154. As bolh this Court and the Court ofArbitration have stated, what
is an equitable delimitation must be determined in the light of al1 the
relevant circumstances3.

155.In the Norrh Sea ConrinentnlShel/ thasC ourt established as
factors relevant to an equitable delimitation-

"...the general configuration ofthecoasts ofthe Parties, as wellas the
presenceofany specialor unusuat features; [and] ..the physical and
geological structure, and natural resources, of the continental shelf
areas involved ,,.'".

In referring to natural resources the Court was apparently prirnarily con-
cerned with the situation where "...the same deposit lies on both sides of

'ICNT/Rev.2.. Art.2.. 53,para.IO1(C)( 1) [disposilil].
Ibid.Art. 77.
'I.C.J. Reports1969,p. 5para.101 (C)(I) Anglo-FrenchArbitrarion(Cmnd. 7438.).
p. 59. para.97See also Art.83 oICNT/ Rcv. 2whichcontainsthe followingphrase"...
iakingaccountof althecircumaancesprcvailingin the arcaconccrncd." Inthiconna-
iion,secfn.1 aip.4 and fn.2 ai p35 abovc.
'I.C.J.Rt-porrs1969p. 54, para.101 (D)(l)and (2) [dfspositifl. 510 CONTINENTAL SHELF [a

the linedividinga continental shelf betweentwoSta..."in which event
this unity of deposit of resources constitutesctual element which it
isreasonableto takeinto consideration in the course ofthe negotiations for
a delimitation'."

156.In the sarne vein the Court of Arbitration ernphasized the need to
determine "..the geographical and iegal framework for its decision ...'"
and stated that-

"..the validity of the equidistance method, or ofany other method, as
a means of achieving an equitable delimitation of the continental
shelf is always relative toparticular geographical situation3."
157. It istherefore necessaryto identify thosefeatures ofthearea, both
geographical and geological, which produce the disproportionate results
illustrated by the hypothesis set oute.

C. ANOMALY OF THE EAST-FACINT GUNIS~AC NOAST IN
RELATION TO THE PREDOMINANTL NYORTH-FACING
NORTH AFRICANCOAST

158. As described in paragraph 69 above, the coast of North Africa,
from the Suez Canal to the Strait Gibraltar, is predominantly north-
facing. It has also been shownin the geologicalStudy attached as Annex
II and surnmarized in paragraphs 61 through 68 above that the North
African coastportra~ed by Map No. 2 (facing page 12 above) has its
nalural prolongation to the north, in the Mediterranean. That portion of
the Tunisian coast which faceseast isan anomaly and runs counter both to
these general geographical and geological trends and to the generally
north-facing direction of the extensive southern sector of the Tunisian
coast itself.

159. The result isthatan equidistance line projected from the terminal
point of the land boundary between Tunisia and Libya produces a line
which cuts diagonally across the natural prolongation of Libya.n
@ be seen from Map No. 8 (facing page 54above). Such a result obviously
transgresses the fundamental requirement that delimitation should-
"..leave as rnuch as possible to each Party al1 those parts of the

continental shelfat constitute a natural prolongation of its land
territory into ander thesea, without encroachment on the natural
prolongation of the land territory of the other.
D. GEOGRAPHICA RLELATIONSH O~P TUNISIA AND
LIBYA AS "ADJACENT" STATES

160. Both this Court and the Court of Arbitration have drawn atten-
tion to the fact that an equidistance boundary is more susceptible to
distortion by coastal irregularities when drawn between adjacent States

'I.C.J. Reports 1969.pp. 51para97.
aIbidp.,54. para.84.(Cmnd.7438.); p. 88, para. 181
'f.C.J. Reporrs 1953,para. IO1(C)([disposiri/l.1631 MEMORIAL OF LIBYA 511

than between opposite States1. In the case of opposite States, coastal
irregularity will control thedian line over a relatively short distance
simply because other points on the coastline will take over as controlling

points. However,in the case of lateral boundary delimitations between
adjacent States, exceptional configurationsuch as promontories or off-
shore islands willoften controlthe direction of an equidistance lover
great distances.
First, the Island of Djerba, jutting
161. So it is inthe present case.
abruptly out frornthe coastline,swingsthe equidistance line in a marked
northeasterly direction.Then the Kerkennah Islands take over the con-
trolofthe line, causingan evenmore marked deviationeastwards. These
island features might well, in any geographical situation. cal1for some
abatement of their effect in equity. But in a situation of adjacent States
the distortion which they produce is more exaggerated and this highly
relevant circurnstance must be taken into account in any equitable
delimitation.

E. SPECIAL G EOGRAPHICAL FEATURE OF THE RESPECTIVE
COASTLINES

162. Although the coast of Libya is devoidof any marked irregulari-
ties, it has one pronounced feature-from the terminal point of the Lib-
yan/Tunisian boundaryat Ras Ajdir, it fallsaway tothe eastofRas Ajdir
ina southeasterly inclination overa distance of 125nautical miles. This
feature has the efect of pulling back any strict equidistance line upon
itself. Clearly, this operates to the disadvantage of Libya.

163. The Tunisian coastline has four specialfeatures, which will be
examined in turn. (See Map No. 2 facing page 12 above.)

(i) Island O] Djerba

164. First. there is the Island of Djerba.Its abrupt protuberance
begins to control the equidistance boundary some38 nautical milesout
from Ras Ajdir, and Ras Turgueness, the rnost easterly point on this
island,remains the controlling point over the equidistance boundary for
soma 64 nautical miles,until the control point switchesto the Kerkennah
Islands. The effectof the Island of Djerba is to distort the equidistance
lineevenfurther, by accentuatingthe easterly swingof the lineacrossthe
front of the Libyan coast.

(ii) GuiJ oJGabes

165. The second specialfeature is the Gulf of Gabes, a highly concave
indentation. Against the backgroundof the North Sen ConfinenialShelf
Casesone is inclinedto think of a concavecoast as a feature operating to
the disadvantage ofthe coastal State. In the present case this is not sol

'I.C.J. Reports 1969. ppand37. paras57 through59:Anglo-FrenchArbi~ralion,
(Cmnd.7438.). p. 112,par239.512 CONTINENTAL SHELF [641

sincethe coastai State with the concavecoast here benefitsfrom substan-
tial extensionsof its coastlineto the east and to the north of such concav-
ity. It isessential to note that the Gulf of Gabes has no effect on the
equidistanceboundary. In other words,the controlofthe lineshifts from
the Island of Djerba to the Kerkennah Islands; and at no point on the
equidistance line is that line influencedin any way by any part of the
coastline in the Gulf of Gabes. It may be added, in passing, that what
Tunisia has sought to achieve by the 1973 baselineacross the "Gulf of
Gabes'" isa fictionaishift eastwardsofthe Tunisiancoast-by a distance
of 51 nautical miles at the point of greatest concavity of the "Gulf of
Gabes9'-so as to make this fictionallocationof the coast of the "Gulf of

Gabes" influencethe equidistance line. But the true coastof the Gulf has
no influenceat all.
(iii) KerkennahIslands

166. The third outstanding feature of the coast is the Kerkennah
Islands. These are two islands,of minimal site ( 180square kilometres),
and lying at an average distance of15 nautical miles fromthe mainland.
It is these islands which begin tocontrol the equidistance line at a point
33' 57' N, 12"04' E,and theycontrol thelinethereafter. Asdrawn from
the 1973 Tunisian baselines around the islands, on the basis of the area
hypothesizedin paragraph 147 above, the Tunisian-claimedequidistance
line attracls to Tunisia some 1,936square kilometresof continental shelf
by virtue ofthese twosmall islandsof 180square kilometres,as compared

withan equidistancelinedrawn from the low-watermark offthe Tunisian
mainland coast. These figures highlight the inequity of the Tunisian
equidistance claim and the baselines upon whichit is predicated.
(iv) Ras Kuboudia Promontory

167. The fourth specialfeature ofthe Tunisiancoast isthe promontory
at Ras Kaboudia. North of Sfax,the coast inclinesgradually northeast-
wards untilit reachesRas Kaboudia. In practice, ofcourse, solongas the
Kerkennah Islands are allowedto control the equidistance line the prom-
ontory at Ras Kaboudia has no effecton the line. However, itshould be
made clear that, even disregarding totally the Kerkennah Islands, the
promontory at Ras Kaboudia would influencethe equidistanceline in an
inequitable way. The general direction, north/south, of the Tunisian

coast mighi be said to liealong the Iineof 10"43' E;this wouldallowfor
treating the Gulf of Gabes and the Gulf of Hammamet as indentations,
and the projectionsat Cape Bonand Ras Kaboudia as promontories. By
reference to such a general line of direction for the Tunisian coast, Ras
Kaboudia would lie some 22 nautical miles east of the line of general
direction of the coast. Thus, even Ras Kaboudia can be described as a
speciaifeature, capableofinfluencingthe equidistanceline inan inequita-
ble manner, should the equidistance line be meaçured from the coast
rather than from the offshore Kerkennah Islands.

'Seefn.3 at p23 above. i651 MEMORIAL OF LlBYA 513

168. The lawconcerningsuch special geographicalfeatures is,in prin-
ciple, tolerably clear. Bearing in mind the fact that the Island of Djerba
and the Kerkennah Islands produce what is in effect a convexity in the
Tunisian coastline, the followingdictum of this Court is highly relevant:

"The slightest irregularity in a coastline is automatically magnified
by the equidistance lineas regards the consequencesfor the delimita-
tion of the continental shelf. Thus it has been seen in the case of
concave or convex coastlines that if the equidistance method is
employed, then the greater the irregularity and the further fromthe
coastline the area to be delirnited, the more unreasonable are the
results produced. So great an exaggeration of the consequencesof a

natural geographical feature must be remedied or compensated foras
far as possible, being of itself creative of inequity'."
169. It may also be recalled that the Court of Arbitration saw the
Cornish peninsulaand the offshore Scilly Islesas, in effect,a prornontory

which produced an inequitable result in the equidistance line. The anal-
ogy withthe promontoryof Ras Kaboudia and the Kerkennah Islandsisso
striking that special attention of the Court is respectfully directed to
paragraph 244 at page 114 of the Anglo-FrenchArbitration2.

170. State practice readily confirmsthe validity of the reasoning inthe
passage mentioned in the preceding paragraph. States have recognized
the inequityof allowingfulleffect,forequidistance purposes,to promonto-
riesor islands whichdistort the general relationship of two coasts and, as
such, have agreed to abate or modify that distortion.

171. For example, the IndonesianjMalaysian Agreement of 27 Octo-
ber 19693 provides for a boundary between the adjacent territories of
Indonesia (Borneo) and Malaysia (Sarawak) where, offshore, agroup of
Indonesian islands-the Kepulauan Natuna Selatan and Kepulauan
Natuna Utara-are sosituated that, had they been givenfull effect,they
wauld have shifted the equidistance line eastwards. That result was
avoided. Even though the islands are large and lie behind a system of

straight baselines,their effect was modifiedon the general principie that
their eflect decreased with their distance offshore. The furthest islands
had little more than half effect4.
172. The Agreement of 20 March 1969 between Abu Dhabi and

QataP virtually ignoresthe Abu Dhabi island of Dayyinah for purposesof
the modifiedequidistance boundary, ailowingto the island no morethan a

I.C.J. Reports 196p.49, para89(a).
'AngleFrench Arbitration(Cmnd. 7438.).p.114,para. 244.
'I.B.S.(Limits in Seas).Serin A. No. 1.21Jan. 1970. Scepara.107 above.
'Set thecal~ulationof HODGSON R,obert D.:"IslandsNormal ond SpecialCircum-
stances"BureauofIntclligcnand Rcscarch, niteStatesDepartmenotfstatt, Washing-
ton,D. C., RGES-3. 10 Dcc.1973.
'I.B.S. (Limits in the Seas). StriNo. 18,29May 1970.5 14 CONTINENTAL SHELF [661

three-mile arc of territorialsea to cause a "bulge" in the boundary line.
The Italo/Tunisian Agreement of 1971'is itself an agreement between

opposite,notadjacent, States, but it substantially modifies"equidistance"
(indeed virtually abandons equidistance) in relation tothe ltalian islands
of Lampedusa, Lampione, and Linosa (although those islands, of course,
are in the category of islands moreproximate to another State's mainland
coast).
173. The Colombia/Ecuador Agreement of 23 August 19752is a lat-
eral boundary of considerable interest because; though not influencedby
ofi'shoreislands, it demonstrates two adjoining coasts where the one (the

Colombian) falls away to the north, whereas the other (Ecuadorian)
protrudes outwards to the promontory of Punta Galera. It is in a real
sensecomparable to the situation of the Libyan coast fallingaway to the
southeast, and the Tunisian coast movingoutwards to the island, or prom-
ontory, of Djerba: the axis is north/south rather than east/west, but
otherwise the broad efi'ectis the same. The agreed Colornbia/Ecuador
boundary is in no sense an equidistance boundary. Such a boundary
wouldhavebeeninclined sharply northwards bythe combinedeffectof the
falling-back of the Colombian coast and the protuberance of Punta
Galera. Instead, the parties agreed ona lateral boundary along the lineof
latitude from the land boundary terminal8.

174. It should therefore be apparent why Libya has been unable to
accept Tunisian clairns thus far advanced. These begin witha claimed
maritime boundary (the 43" 21' or45" line' ) for whichthere is no legal
basis; they proceed by pretensions resting upon baselines unilaterally
announced in 1973, which are totally devoid of legal foundation; and,
finally, they cap the scheme with insistence upon application of the equi-
distance method to a geographical situation predetermined to produce a
grossly inequitable and wholly inappropriate result.

175. Al1these claims, moreover, have been advanced in the face of
geologicaland geomorphologicalfactors, together withgeographicconfig-
urational features, whichestablish thatthe continental shelfconcernedoff
the coast of North Africa isa prolongation tothe north of the conthenta1
landmass, and hence that the most appropriate and equitable method of
delimitation is one which would reflectthe northward direction of the
terminal point of the land boundary between Tunisia and Libya.

'tirnirs in ihr Seas,No. 89. 7 Jan.1980. ThisAgrcisundcrsioodbyLibyato have
Tunisia'ofarcaofnshdfwhichmayby lawbelongto Libya. Libyarcscrvcsits position.nd
'Lirniisin rhcSeas, No. 69, 1 Apr. 1976.
'Sm rcduccdmap.para.118 abovc.
'Sec fn.atp.18 abovt. PART IV

SUMMARY

176. In this case the Parties seek the guidance of the Court on the
principlesandrulesofinternational lawto be appliedto the delimitationof
the areas of continental.shelf appertaining to each of them because, in
their discussions, they wereunable to agree on what were the relevant
principlesand rules.

177. The differences between the Parties, as revealed during their
discussions,are not only on issues of law,but also on issuesof fact.
178. So far as Libya is concerned, the overriding principleof law, as
laiddownby the Court itself, isthat the area of shelf whichconstitutesthe
natural prolongationof Libyan territoryappertains to Libyasojure and
ab inirio. The same principle applies to Tunisia. Al1 the evi-
dence-geological, geomorphologicaland geographical-points inescap
ably to the conclusionthat the shelfoffthe North African Coastconcerned
is a projectionothe north of the land territory. This remains true in the
area offeither the Tunisianor the Libyan coasts,and has been so demon-
strated in this Mernorial. It therefore foliows that the Parties must
respect the physical facts and adopt a boundary which projects in a
northerlydirectionfrom the terminal poinof the landboundary at Ras

Ajdir. In so doing, theywill produce an equitable result because itais
result which respectsthe inherent title, the ipsojure rights, of each State.
Moreoverany other method ofdelimitation proves,on examination,to be
inequitable in its result.
179. The Tunisian approach apparently is quite different in that it
seeks to set aside the cardinal principle of natural prolongation and to
elevateintoan absolute principlewhat isin fact nomorethan a methodof
delimitation-that is the method of equidistance. Moreover, this is a
metbod which in the particular circumstance is inequitable in its result.
The method is inequitable not onlybecauseit ignoresthe ipsojure title of
Libya, butbecause it cannot, in the particular geographical configuration
of the two coasts,roducean equitable result. That wouldbe truc of any
application of the equidistance methodn the present case. The inequity
of the actual method proposcdby Tunisia is compoundedby the Tunisian
reliance on baselines which are indefensible,and on basepoints such as
offshoreislands and promontorieswhich aggravate the distortion caused
by an equidistancelinedrawn between coastsat right angles.

180. The differencesbetween the Parties are therefore, in the viewof
Libya, quite fundamental and can only be resolved onthe basis of the
authoritative guidanceof the Court. In view ofthe factsset fortin Part 1of this Memorial, thestatement of
the law contained in Part 11,and the arguments applying the law to the
facts as statedin Part III othi s emorial;

Considering that the Special Agreement between the Parties requests
the Court to renderitjudgment as to what principlesand rulesofinterna-
tional law maybe applied for the delimitation of the area of the continen-
tal shelf appertaining to the Socialist People's LibyanArab Jamahiriya
and to the area of the continental shelf appertaining to the Republic of
Tunisia, and requeststhe Court to take itsecisionaccordingto equitable
principles,and the relevant circumstanceswhichcharacterize thearea, as
wellas the newacceptedtrends in the Third Conferenceon the Lawofthe
Sea;

May it please theCourt, onbehalfofthe Socialist People'sLibyanAra b
Jamahiriya, to adjudge and declare:

1. The concept of the continental shelf as the natural prolongation of
the land territory into and under the sea is fundamental to the juridical
concept of the continental shelf and a State is entitled iacto and ab
initioto the continental shelf whichis the natural prolongationof its land
territory into and under the sea.

2. Any delimitation should leaveas much as possibleto each Party al1
those parts of the continental shelf that constitute such a natural
prolongation.

3. A delimitation whichgiveseffectto the principleof natural prolon-
gation isonewhichrespecisthe inherent ipsojure rights ofeachState, and
the assertion of such rights is therefore in accordance with equitable
principles.

geological and geographical relationship of the continental shelf to the

~ontinentallandmass, and not bythe incidental or accidental direction of
any particular part of thecoast.
5. In the present case the continentalshcoffthe coastof North Africa
is a prolongation to the north of the continental landmass,and therefore
the appropriate method of delimitation of the areas of continental shelf
appertaining to each Party in this specificsituation is to reflect the direc-
tion of this prolongation northward of the terminal point of the land

boundary.
6. Application of the equidistance method isnot obligatory on the
Parties eithery treaty or as a rule of customary international law.

7. Whether the applicationof aparticular method of delimitation is in
accordance with equitable principles is to be tested its results.VI1 MEMORIAL OF LIBYA 517

8. The equidistance method isin itself neither a "rulen nor a "princi-
ple" and is not necessarily "equitable"sinceits application under particu-
lar circurnstances rnay lead to inequitable results.

9. A principle or methoofdelimitation whichdisregards theipsojure
title of a coastal State to the continental shelf constituting the natural
prolongation of its land territory is, ipso facto, illegal and necessarily
inequitable.
10. In the present case, given the particular geographical configura-
tion, the equidistance method would resula delimitation of the conti-
nental shelf which wouid be inequitable, inappropriate, and not in
conforrnity withinternational law.

11. The baselines promulgatedbyTunisiain 1973are not opposableto
Libya forthe purposesofthe delimitation andthe resultsofgivingeffectto
them would in any event be inappropriate and inequitable.
12. Forthe purposeofachievingan equitabledelimitation,the wholeof
the seabedand subsoilbeyondthe low-watermark along the Coastof each
Party is to be taken into account.

(Signed)
KAMEL H. ELMAGHUR
Agent of the Socialisf People's
Libyan Arab Jamnhiriya. ANNEXES TO THE MEMORIALOF THE
LIBYAN ARAB JAMAHIRIYA

ANNEX1

DOCUMENTS

Annex1-1

LETTERDATED14FEBRUAR 1979FROMTHESECRETAR FORFOREIGNAFEAIRS
OF THESOCIALISPEOPLE'LIBYANARABJMAHIRIYA TO THE ~GISTRAOF
THE ~NTERNATIONCOURT OFJUSTICE,HEHAGUE

COPYOF THESPECIALGREEMEN T ARABIC

TRANSLATI ONTHESPECIALAGREEMEN NTO ENGLISHCERTIFIEAS
ACCURATE

[See SpecialAgreement,pp. 21-27,supra]

Annex1-2

COPYOF THEFRENCHTRANSLATIOONTHESPECIALAGREEMEN TSSUBMITTED
TOTHEREGISTRAR BY THTUNISIAN INISTEFORFOREIGNAFFAIRS
,

[See Special Agreement,pp. 9-10, supra]

Annex1-3

TEXT OF THE191CONVENTIO OF DELIMITATIOBETWEENTUNISIAAND

TRIPOLITANIA

[See Memurialof Tunisia, Annex94, supra] ANNEX 1TO MEMORIAL

Annes1-4

[Nor reproduced]

Annex 1-5

[Nor reproduced]

Annex1-6

"NORTHER AFRICA",PHOTOGRAP HIPYOFA MAPPUBLISH ENLONDON

(1814)APPEARING IN ~NKERTONMODERN ATLAS; "MIITELUND NORD-
AFRICAUNA DRABIE- WESTLICH BESA~"(1830AND"MIITEL -NDNORD-
AFRICA-WESTL.THEIL 1867)PHOTOCOP OFGSERMAMNAPSAPPEARIN CN
STIELERHAND ALAS

[Nor reproduced]

Annex1-7

MAPAITACHED TO THE191CONVENTI ONDELIMITATI ETWEEN
TUNISI AND TRIPOLITANIA

/Nor repraduced.For u portion of this map, see MernoriArab the Libyan
Jarnahirip.14,supra]

Annex1-8

PAGE S AND2 OF
INTERNATIONB ALUNDAR YTUDY:LIBYA-TUNISBIAOUNDARY WASHING-
TON.DC, OFFICOEF THE GEOGRAPHEUS DEPARTME OF STATEN.O.121

[Nor reproduced] CONTINENTAL SHELF

Annes 1-9

The Senate and the flouse of Representatives have passed the following law,
which,
We,IdristheFirst,Kingof the United Kingdom of Libya havesanctionedand
do hereby promulgate :

Article 1

PetroleumProperty aJ State
(1) All petroleum in Libya in its natural state in strata is the property of the
Libyan State.

(2) No person shallexploreor prospect for, mineor produce petroleum in any
part of Libya, unless authorized by a permit or concession issued under this
law.
Article2

(1) There is hereby established a public autonomous juridical Petroleum
Commission,having a separate budget annexed tothe budget of the appropnate

Ministry, which shallconsist of a Chairman and at least threeother members to
be appointed and removed from officeby decree on the submissionof the Prime
Minister with the agreement of the appropriate provincial authorities. A repre-
sentativeappointed by the Minister mayattend meetingsol the Commission,but
shall have no vote in the proceedings.
(2) Members of the Commission shall, as far as possible, be persans of
experience in finance, econornics,commerce, law or engineering. NOMinister,
Nazir or Member of Parliament or of any Legislative Assembly shall be
appointed 10the Commission and any member who is elected or appointed to
one of these posts shall irnmediately cease to be a member of the Commis-
sion.
(3) The Commission shall, in the name of each and every province, be
responsible for the implementation of the provisions of this law under the

supervision of the Minister.
(4) Al1decisions in respect of the grant, assignment, renewal, surrender or
revocation of any permit or concession under this law shall be made by the
Commission and shall be irnmendiately submitted to the Minister for approval
or rejection.Alldecisionsofthe Minister and of theCommissionshallbenotified
in writing without delay to al1interested parties. ANNEX 1 TO MEMORIAL 521

(5) The Commission shal1determine its own rules of procedure which shall
provide that the quorum shall consist of three-quarters of its rnernbers,that its
decisionsshall be by a twethirds rnajorityvote of those present at any meeting
and that in case of an equal division the Chainnan shalI have a casting vote.
(6) The Commission shall appoint a Director of Petroleurn Affairs (here-
inafter called "the Director") wlioshallcarry out such duties as are assigned to
him under thislawand the two scheduleshereto and suchother duties as may be
assignedto hirn byregulations issuedunder thislawor by the Commission.The
Commission shallalso appoint such other officials as may be necessary.
(7) Al1expenditures approved by the Governrnent and incurred bythe Corn-
missionincluding the remuneration of itsmernbersand staff shall be paidout of

the federal budget.

Article3
PetroleurnZones

For the purposes of this law, thetemtory of Libya shaHbe divided into four
petroleum zones :

the First Zone shall consist of the province of Tripolitani;
theSecondZone shallconsist of that part of the provinceof Cyrenaica which
lies north of the 28th parallel of latitud;
theThird Zoneshallconsistof that part of theprovinceofCyrenaicawhichlies
south of the 28th parallel of latitude ;
the Fourth Zone shall consist of the province of the Fezzan.

Article4

(1) This law shall extend to the sea-bed and subsoil which lie beneath the
territorial waters and the high seas contiguous thereto under the control and
jurisdiction of the United Kingdorn of Libya. Any such sea-bed and subsoil
adjacent to any Zone shall for thepurposes of this law be deemed to be part of
that Zone.
(2) If ihere is doubt as to the boundary of any Zone the Commission shall
determinetheboundary ofsuchZone forthepurposesof this lawoniy ;and ifby
reasonofsuchdetetrnination itbecornesnecessaryfor theapplicant toarnend his
application, orto makeanewapplication,he shallbeallowedonernonth todo so
after receipt of a request so to do, without lossof priority.
(3) Ifa subsequent determination of theboundanes leads toan adjustrnentof

the boundaries as determined by the Commission, such adjustment shall not
affect the validityor extent of permits or concessionsgranted within the area or
areas affected by the adjustment.

Article5

(1) The Commission shallconsider applications for permits or concessions
submitted by eligibleapplicants only, and in determining the eligibilityof any
applicant, the Commission shall have regardto the following:

(a) the furtherance of the public interest;
fb) (i)the applicant's cornpliance with relevant lawsand regulations ; 522 CONTINENTAL SHELF

(ii) his previous activities in the petroleum industry ;
(iii) his previous experiencein the conduct of similar operations ;

(iv) his financial and technical capacity to conduct the conternplafed oper-
ations.
(2) In determining the eligibility of an applicant who is a subsidiary of a
Company or a member of a group of companies, there shall be taken into
consideration the possession of the aforesaid qualifications by the parent com-
pany or group of companies of which he is a rnember and the extent of the
availability to the applicant of such qualifications.

Article6

(1) Applications for permits shall be submitted in tnplicate to the Commis-
sion which shall fonvard a copy to the Minister. Separate applications shall be
submiited in respect to each petroleurn zone.
(2) The applications shall show the area the applicant desires to work, and
contain short particulars in respectof the matters referred to in Artic5eof this
law. The applicant shall, at the Commission's request, furnish any further
relevant information. Al1 information submitted under this paragraph shall
be treated as confidential.
(3) The Commission rnay grant a permit in the form set out in the first
schedule to this law and not otherwise, provided that the permit rnay contain
such minor non-discriminatory variations as rnay be required to meet the cir-
cumstances of any particular case.

(4) Such a permit rnay be granted in respect of any areü and shall entitle the
holder thereof to carry out the operations permitted therein within the specified
area and in accordance with the tems of the permit ; provided, however, that
nothing in this paragraph shall entitle the holder of the permit to impede in any
way the work of any concession holder, or to enter into prospecting and devel-
opment sites without the express permission of the concession holder.
(5) The grant of a permit does not of itself entitle the holder thereof to a
concession in respect of any area.
(6) A permit shall be granted on payment of the Teespecified in the first
schedule hereto.
(7) Apermit rnaybe granted for a period of one year and rnaybe renewed on
payment of the specified fee.

Article 7

Appiicationsfor Concessions

(1) Applications for concessions shall besubmitted in triplicate to the Com-
mission which shall fonvard a copy thereof to the Minister.
(2) The application shall showby reference to the official rnap of the Corn-
missionthe area theapplicant desiresto work, whichareashall conform asfar as
possible to the grid linesof the officia1rnapof the Commission and shal1contain
short particulars in respect of thematters referred to in Artic5of this law.The
applicant shall, altheCommjssion' sequest, furnishany further relevani infor-
mation. Al1information submitted under this paragraph shall be treated as
confidential.
(3) No single application shall relate to more than one petroleum zone. ANNEX 1TO MEMORIAL

Article 8

ConflictingApplications

(1) Ifmore than one person submit applications for concessions over areas
whichoverlap in wholeor in part, preference shall be givento the first person to
apply to the Commission, provided that the lollowing applications shall be
deerned tu be simultaneous :
(CI) al1applications for concessions received by the Commission before rnid-
night of the seventh day after the corning into force of this law ;

(b) thereafter al1applications submitted on the same day.
(2) A11simultaneous applications for concessions overareas whichoverlap in
whole or in pari shall be dealtwith as follows :
(a) the Commissionshall cal1togetherthe representatives of the applicants and
invite them tosettle theirconflictingapplications between themselveswithin

thirty days or such longer period as the Commission rnay deem necessary
and to arnend their applications accordingly within the sarneperiod. Appli-
cations rnay be amended by the addition of other areas provided that the
maximum areapermitted under this lawis not exceededbut suchadditional
areas rnay not overlap any area then included in any application submitted
simultaneously with the original application. Any arnended applications
shall be deemed to have been submitted on the date of the original appli-
cation ;
(b) if the applicants fail to agree, the Commission shallmediate between them

and in thecourse of the rnediation, theapplicants andthe Commission shall
together consider al1methods of settlement proposed by each of them ;
(c) inorder to facilitate settlement under this paragraph, the Commission shall,
subject to Article 2 (4) of this law, allow without delay an increase in the
maximum nurnber of concessions unless this is contrary to the public
interest;
(d) ifan agreement bymediation cannot be reached, theCommissionmayeither
require the applicants to pool the overlapping area or areas, divide the

overlapping area or areas into blocks and distribute such blocks by lot, or
rnay adopt such objective solution as it deerns appropriate.

Arricle 9

Grantof Concessions
(1) The commission rnaygant concessions in the fom set out in the second
schedule to this law and not otherwise, provided that they may contain such
minor non-discriminatory variations as rnay be required to meet the circurn-

stances of any particular-case.
(2) Before the gant of a concession, the Commission rnay require the appli-
cant to furnish a written undertaking to abstain from al1political activity in
Libya.
(3) An applicant rnaybe required beforethe grant ofaconcessiontodeliver to
the Commission aguarantee byway ofbond or banker'sguarantee in a sufïicient
sum not exceeding fifty thousand Libyan pounds (£L50,00t0 o)secure the due
performance of hisobligations under al1concessions heldby him in Libya. Such

bond or bsnker's guarantee shall be maintained at a constant figure throuj$ouî
thelifeof the concession,and such bond or banker'sguarantee shal1be accepted
by the Director ofCustornsin Lieuof anybond hernayrequire under thecustoms
law.5 24 CONTINENTAL SHELF

(4) Concession shall be granted for the period of time requested by the
applicant provided that suchperiod shall not exceedfiity (50)years.A conces-
sionrnaybe renewedforanyperiodsuchthatthetotal of thetwoperiods does not
exceedsixty (60) years.
(5) No concession may be granted in respect of any area included in any
existing concessiongranted hereunder.
(6) The Commissionrnayhowevergrant concessionscoveringadjoiningareas
lying in two or more zones.
(7) The boundaries of every concession granted hereunder shallconform as
far as possible to thegrid linesof the official map of the Commission.
(8) The maximum number of concessionsand the total areas which maybe
held at one time by any person are as follows:

(a) three concessions in each of the First and SecondZones and four conces-
sions in each of the Third and Fourth Zones provided that :

(i) the Commission may grant concessions in excessof the maximum
nurnber perrnitted hereunderand shallgivereasonable consideration to
applications submitted for that purpose ;
(ii) no concession in whichthere is an oil ogas well shall be included in
computing the number of concessions held by a concession holder ;
(b) 30,000 square kilornetrcsin each of the First and SecondZones and 80.000
square kilometres in each of the Third and Fourth Zones.

Article10

Surrender
(1) Within a periodoffive yearsfrom thedate of aconcession,theconcession
hoider shall reducethe concessionarea to75 percent of its original size; within
eight years from the said date, the concession holder shall further reduce the
concession area to 50percent of its original sizeand within ten years from the

said date the concessionholder shall further reduce the concession area to 33Y3
per cent of its original sizein the case of areas located in the First and Second
Zones and to 25 per cent of its original size in the case of areas located in the
Third and Fourth Zones, provided howeverthat in no case shall the concession
holder be required at any time to reduce the concession area to less than 3,000
square kilometres each in the First and Second Zones and to less than 5.000
square kilometres each in the Third and Fourth Zones.
(2) The concessio honlder shall be eniirled ai any tirne,by giving three
months'notice in writing to the Commissionto surrender the wholeor anypart
ofa concession area.
(3) The areas whichtheconcessionholder givesup under paragraphs (1)and
(2) shallbe freelychosenbytheconcessionholderinoneor moreblocksprovided
that the block or blocks retained by the concession holder shall eachbe reason-
ably compaci and be bounded as far as possibleby the grid linesof the officia1

rnap of the Commission.The concessionholder shall continue to enjoy the full
rights granted to hirn under the respective concessioncontract over the areas
retained by him.
(4) Noticeof surrender shallbeaccompanied byarnapreferringto theofficial
map of the Commission and a description indicaiing the precise extent of the
land surrendered and the land retained. ANNEX I TO MEMORIAL 525

(5) The concession holder shall in respect of any lands he gives up as afore-
said, exceptas provided in Clause 26of the Second Scheduleto this law.ceaseto
enjoy anyof the rights conferred upon him by the concession and to bear any of
the responsibilities thereby irnposeduponhim exceptas may relate to the action
of the concession holder in the said lands before they were given up. without

prejudice to the rights of the concession holderto the easements he rnayexercise
over the surrendered areas.

Notice of the grant, renewal,assignment, revocation, termination or surrender
of the whole or any part of any permit or concession shall be published in '
the Oflici aazette of the United Kingdom of Libya and of the appropriate
province.

Article23

In this law :

"Minister" rneans the appropiate Minister ;
"permit" means a preliminary reconnaissance permit issued under this
law ;
"wncession" means a petroleum prospecting, rniningand producing conces-
sion issued under this law ;
"person" includes any body corporate or other juridical person ;
"oil or gaswelt" rneansa wellcapableof producing oiland/or gasinquantities
suscepiible of rneasurements ;
"petroleum" meansal1natural hydrocarbons,liquid or gaseous p,roducecior
producible frorn the ground and al1asphalt and other solid hydrocarbons suit-

able for the production of liquid petroleum or gas. Petroleum does not include
coal ;
"direct control" means the control of any company exercised by any other
company or companies holding shares carrying a majonty of votes at a general
meeting of îhe first-mentioned company ;
"indirect controi" means the control of any company (hereinafter in this
subparagraph called "the particular company") exercisedby any other company
or wmpanies (hereinafter in this subparagraph called "the parent wmpany or
cornpanies") where a series of cornpanies can be specified, beginning with the
parentcompany or companies and ending with theparticular company,in which
eachcompany of the series,exceptthe parent company or companies, isdirectly

controlled by one or more of the companies in the series;
year" rneans a calendar year according to the Gregonan calendar ;
"barrel" means forty-two (42) gallons US or 158.984Litresof Liquidpetro-
leurn ;
"prtrcessing"rneansanyoperation connected withthe treatment of petroleum
with the exception of fractional distillation. CONTINENTAL SHELF

Article24

The Commission shall prepare such regulations as may be necessary for the
implementation of this law, including regulations for the safe and efficient
performanceofoperations carried out under thislaw.and fortheconservationof
the petroleum resources of Libya, and shall subrnit such regulations to the
Minister for approval and promulgation provided that no regulation or altera-
tion thereof shabe contrary toor inwnsistent with theprovisionsof this lawor

adversely affect the contractual nghts expressly granted under any permit or
concession in existence at theme the regulation ismade or altered.

[Not reproduced.For themap, see Mernorial ofthe LibyanArab Jamahiriya,

p.16, supra]

ENGLISH TEXT OF ARTICLES 1 THROUGH 6 OF 1955 LIBYA PNETROLEUM
REGULATION NO. 1

The Minister of National Economics,

Having seen Article24of the Petroleurn Law No. 25 of 1955,
And acting on what has ben submitted to him by the Petroleum Commis-
sion,
Promulgates thefollowing regulation:

PART 1

ArticleI
Thereshall be anofficia1map of Libyafor the purposes of the Petroleum Law
1955to a scale of 1:2,000,0 called Map No. 1,which isattached asthe First

Schedulehereto. On this map the international frontiers, Petroleum Zones and
the grid shall be indicated.

Article2
For al1purposes of the Petroleum Law No. 25 of 1955and the regulations

issued thereunder the Petroleum Zones shall be as follow:
The FirstZone - consists of the province of Tripolitania bounded on the
North by the limits of territorial walers and high seascontiguous thereto under
thewntrol andjurisdiction of the United Kingdom of Libya,and on theeast by

18"50'longitudeuntilitintersectthecoastline,thenceinastraight linerunning
in a South-Easterly direction to the point whe30" latitude intersects 19' 5'
longitude, thence in a straight line running in a South-Westerly direction to a
point where 18' 30'longitude intersects 29' 40' latitude, thence directly south ANNEX 1TO MEMORlAL 527

along 18" 30'longitude to the intersectionwi2ga latitude, thencein a westerly
direction along the8' latitudeto the intersection with 115'longitude,thence
directly north along 12' 15' longitude to the intersection with 31' latitude,
thence directly Westalong 31 O latitude, to the border of Tunisia, thence in a
general Northerly directiondong the international boundary.
7Ae Second Zone - consists of that part of Cyrenaica north 28' latitude,
bounded on the Westby theeastem boundary of Zone 1described above,on the
north by the limitsof the temtorial waters anhi& seasunder the control and
jurisdiction of theUnited Kingdomof Libya,andontheeast bytheintemational
boundary with Egypt.

The Third Zone - consists of the part of Cyrenaica south of 28" latitude
bounded on the west by 18" 30' longitude, on the south by the international
boundary with French Equatorial Africa and on the east by the international
boundary with Egypt and the Sudan.
The FourihZone - wnsists of the province of the Fezzan bounded on the
north by thesouthern border of theFirst Zone describedabove, bounded on the
Westbythe internationalboundary with Algeriaand Tunisia, on thesouth by the
international boundary with French East Afnca and French Equatonal Africa
and on the east by 1830' longitude,whichisthewestern boundary of theThird
Zone.

The grid to be used in conjunction with the officia1map shall consist of
longitude and latitude lines five minutes apart commencing from any full
degree.

Boundaries of concessions shallconform as far as possible to the gridlines
specified above with the fotlowingexceptions :

(a) theretoeunder the control and jurisdiction of the United Kingdom ofous

Libya,
(b) where they followthe coast line of Libya,
(c)where they followthe boundaries of the petroleum zones,
(d) where they follaw the international frontiers.

Article5
(a)Concessionareasapplied forshall becompact and freefrom narrow inden-

tations, except in exceptional cases as the Commission rnay deem fit. An
applicant shall not be permitted to unify distinct concession areas by con-
necting them with an insubstantial link. The Commission may require any
applicant who failstocomplywiththeprovisionsofthisparagraph toamend
his application.
(b) The greatest length ofaconcession shall not exceed six times its weighted
meanaveragewidth. However theCommission may permit adeviationfrom
the aforementioned ratio of width to length whereit deems it necessary. In
determining the above ratio contiguous and adjoining concessionsshall be
considered as a unit, notwithstanding that they may cross zona1 boun-
daries.
(c) The above provisionsshall not apply if the Commission deemsit necessary
for the settlement of overlaps.5 28 CONTINENTALSHELF

Article 6
For all purposes of the Petrofeum Law 1955 and the regulations issued
thereunder the area of eachx5'5'block of thgridshallbe deemed to be asset
out hereunder :

Each 5' x 5'block between 33" - 34' of Latitude 71.57 sqkrns.
Each 5' x 5'block between 32' - 33" of Latitude 72.37 sq. kms.
&ch 5' x 5' block between 31" - 32Oof Latitude 73.15 sq. kms.
Each 5' x 5' block between 30" - 31° of Latitude 73.91 sq. kms.
Each5' x 5' block between 29" - 30° of Latitude 74.64 sqkms.
Each 5' x 5' block between 28" - 29" of Latitude 75.35 sq. kms.
Each 5' x 5' block between 27" - 28' of Latitude 76.04 sg.kms.
Each 5' x 5' block between 26O- 27" of Latitude 76.70 sqkms.
Each 5'x 5' block between25" - 26" of Latitude 77.34sq. kms.
Each 5'x 5'block between 24" - 25' of Latitude 77.96 sq. kms.
Each 5' x 5'block between 23" - 24" of Latitude 78.56 sqkms.
Each 5' x 5'block between 22O - 23" of Latitude 79.13sq.kms.
Each 5' x 5'block between 21" - 22' of Latitude 79.67 sq. kms.
Each 5' x 5'block between 20" - 21° of Latitude 80.20 sq. kms.
bch 5' x 5'block between 19" - 20" of Latitude 80.70sq.kms. ANNEX 1TO MEMORlAL

Annex 1-10

[Arabic Texnofreproduced]

(Sec Memorialof Tunisia,Annex34, undMemorofthe Libyan Arab
Jamahiriya, para.supra]

Annex 1-11

JOINTCOMMUNIQ OFLIBYA ANDTUNISIA ISSUED N24 AuGuU 1976

[Arabicrext norreproduced]

[SeeMemorialof Tunisia, Annex39, undMemorialof the Libyan Arab
Jamahiriya.para. 43, supra] CONTINENTAL SHELF

Annex 1-12

[Arabic tex[ not reproduced]

/See Mernorial of TunisiuAnnex68. supra]

(Arabieiext noi reproduced]

(Translation)

Ref. No.: 1/7/7/751
THE HONOURABLE BROTHER
HABIB CHAT?Y

Minister of Foreign Affairs of the Tunisian Republic

I have the honour torefer to the agreement concluded between our two
delegationswhichled to the signingof the SpecialAgreement forthe submission
of the dispute concerningthecontinental shelf beiween Ourtwocountriesto the

International Court of Justice, on 2 Jumada Athani 1397H., corresponding to
10June 1977.
1am pleased to.confirm to Your Excellencymyapproval of translating the
phrase, "Duroof Khassa", mentioned in Article I of the said agreement, into the
following phrase in English: "relevant circumsiances".

(Signed) Dr. Ali Abdussalam TREKI

Secretary of Foreign Affairs d the
Socialist People's Libyan Arab Jamahiriya. ANNEX 1 TO MEMORlAL

[Arabictext notreproduced]

(Transhzion)
Ref.: 117/7/750.

The Secretariat of Foreign Affairs of the Socialis~People's Libyan Arab
Jamahiriya presents its compliments to the Office of TunisianComrnis-
sioner-General in Tripoli, a-dreferring to the Note Verbale of the Tunisian
Ministryof Foreign Affairs No.41/L/ 11,dated 1I November 1977.conceming

theSpecialAgreement betweentheJamahiriya and Tunisia to the International
Court of Justice, signedby the twocountries inTuni3Jumada Athani 1397
H., corresponding 1010 June 1977 - has the honour to inform it thal the
Secretariat of Foreign Affairsof the SocialistPeLibyan Arab Jamahiriya
also finds that the phrase "Duroof Khassa", mentioned in the text of the first
article of the aforementioned agreement, is "Relevant Circumstances" in
English.
The Secretariat of Foreign Affairs of the Jamahiriya proposesting be
convened between the experts of the two countries, for the translation of the
entire agreement into English, in order to correspond totally to the Arabic
teirt.

To: THETUNISIAN COMMIÇSIONER-GEN OFRFILC'ES
TRIPOLI. CONTINENTALSBELF

Annex 1-14

LIBYAL NAW NO.2 OF 18FEBRUAR 1959CONCERNING THE
DELIMITAT IO NIBYANTERRITOR IALTER S

[Arabitex1not reproducedj

(Translation)

The Senate and the House of Representativeshave passedthe flaw,wing
which,
We, IdristheFirKingoftheUnited Kingdomof Libya. havesanctionedand
do hereby promulgate.

Articl(1)

The Libyan Territorial Waters shafixedat twelvenautical miles.

Article(2)
The PrimeMinister and the Ministerseachwithin the area of his cornpetence
shallexecutehislawwhichshalltakeeffectfrom thedateof itspublication inthe

OfficialGazette.

lssuedatDar as-Salem Palace on 10 Shaban 137H.,corresponding to
18Febmary 1959.

By Order of the King

Abdel MajeedKHABAR Prime Minister and the MiniofeForeign
Affairs.
Ibrahim BENSHABAN Minister of Defence
lsmail BENLAMEEN Minister of Finance
NasserAL-KHESA Minister of Communication
Wahbi AL-BOORY Ministerof Staie
Abu Bakr NAAMA Minister of Education
Abdel Hamjd EDDIBANI Minister of Justice
Abu Bakr AHMED MinisterofHealth
Rajab Ben hoo Minister of National Economy

17iOjficiGazette theUniteKingdomofLibyaNo.7,31March1959-22Ra-
madan1378H.,Year IXp.3. ANNEX 1 TO MEMORIAL

Annex 1-15

[Arabicrext not reproduced]

LOINo 62-35 DU 16 OCTOBRE. 1962( 18JOUMADA 1 1382),MODIFIANT LE DECRET
ou 26 JurLtn 1951(22 CHAOUAL 1370) PORTANT REFONTE DE LA LÉGISLATION
DE LA POLICEDE LA P&CHE MAR~T~M ET D~LIMITATIONDES EAUX TERRITORIALES
DE LA RÉPUBLIQUETUNISIENNE 1

Au nom du Peuple,

Nous, Habib Bourguiba. présidentde la Républiquetunisienne,
L'Assembléenationale ayant adopté,

Promulguons la loi dont la teneur suit

Articleunique- L'article3du décret d26 juillet 19(22 Chaoual 1370)est
abrogéet remplacépar les dispositions suivantes :

u Article3(nouveau) - Est dénommtemer territoriale tunisienne:
a) de la frontiéretuniso-algériennA Ras Kapoudia et autour des îles
adjacentes, la partie de la mercomprise entre la laissede merset une
ligneparallélelracéeA6millesau large,1il'exceptiondu golfedeTunisquB,

l'intérieurde la ligne cap Farina, ile Plane, île Zembra et cap Bon, est
entiérernentcomprisdans ladite mer.
Au large de la mer territoriale délimitkeci-dessus,une zone est réservée
dans laquelle.is pourront étre autorisésà pratiquer la pêcheles navires
battant pavillon tunisien,
Lazonedepêche est fixéii12millesApartir de lalignede basequisert de
point dedépartpourmesurer la largeurde la merterritoriale tellequ'elle est
déterminéeau paragraphe a) ci-dessus ;

b) de Ras Kapoudia Ala frontiéretuniso-libyenne. lapartie la mer
limitéepar une lignequi,partant du point d'aboutissementde la Lignedes
12milles décriteci-dessus, rejoint sur le parallèRaseKapoudia l'iso-
bathe de 50métres etsuit cet isobathejusqu'h son point de rencontre avec
une tigne partantde Ras Aghdiren direction du nord-est ZV = 45O.n

La présenteloi sera publiéeau Journalofficide la République tunisiennet
exécutéewmme loi de I'Etat.

Fait ATunis le 16octobre 1962(18 Joumada 1 1382).

Le présidentde la République tunisienne,

Habib BOURGUIBA.

1 Journaloflciede laRépubliqu eunisienneLoiset règlements(traduction fran-
çaise),106cannk-. o53,vendredi12-mardi16octobre1962 (14-18Joumada 1 1382),
p. 1224. CONTINENTALSHELF

Annex1-14

TUNISIA NAW NO.63-49OF 30DECEMBE R963

[Arabic rnot reproducedf

[See Mernorialof TunAnnex85,supra] ANNEX 1 TO MEMORlAL

Annex1-17

TUN~SIAL NAW NO. 73-49 OF 2 AUGUST 1973

[Arabic text notreproduced]

[See Mernorialof Tunisia,Annex 86, supra]

[Arabie tex! noireprodured]

NOUSH , abib Bourguiba, présidentde la Repubiique tunisienne,

Vulaloi no73-49du 2 août 1973,portant délimitationdeseauxterritorialeset
notamment son articlepremier ;
Vu l'avis des ministres des affaires etrangeres, de la défensenationale, de
l'économienationale, de l'agriculture etdes travaux publics et de l'habitat ;

Décrétons :
Articlepremier.- Leslignesde base, Apartir desquelles est mesuréelalargeur

de la mer territoriale tunisienne, sont constituéesde la frontière tuniso-algé-
rienne à la frontiére tuniso-libyenne et autour des îles, des hauis-fonds de
Chebba et des îles Kerkennah ou sont installéesdes pêcheries fixes etdes
hauts-fonds découvrantsd'El Bibane,parla laissede basse mer ainsique par les
lignes de base droites tirées vers leshauts-fonds et par les lignes droites de
fermeturedes golfes de Tunis et de Gabès.
Ces lignes de base sont définiespar :

4) la laisse de basse mer. de la frontière tuniso-algérienneau cap Sidi Ali el
Mekki ;
2) la laisse de basse mer des écueilsdes Sorelles,du Gnliton de 1; Galite, des
Galitons de l'est. des îles Fratelli, Cani et P;lau
3) la ligne de fermeture du golfe de Tunis constituéepar les lignes de base
droites joignant le cap Sidi Ali Mekki, I'ilePlane, la pointe nord de I'ile
Zembia et le cap Bon ;
4) la laisse de bassemer, du cap Bon I Ras Kapoudia ;
5) la laisse de basse mer des îles Kuriate;
6) leslignesde basedroitesenveloppant lespêcheries fixesde Chebba et des iles

Kerkennah et définiespar Ras Kapoudia et par les balises suivantes:
a) Chebba no 1 ..... 35" 08'40" .... 11 12'43"
b) Maruka ....... 35" 01'20" .... 1l 29' 11"
c) El Barani ...... 34" 55'21 " .... 11 33'09''

1 Journal of/icieldIdRkpuhltquerunisienneLois etréglements (traductioIran-
çaise).116~année.n" 41, vendred2-mardi 6novembre 1973.p. 1697-1698,536 CONTINENTAL SHELF

El Mzebla ...... 34O51'27" .... 1le 38' 14"
Sakib Hamida no 1 ... 34O45' 17" .... Il0 33' 58"
Sakib Hamida no2 ... 34O43' 48" .... 11" 33'23"
Oued Bou Zrara no 1 .. 34' 42' 36" .... 1l0 29'03"
OuedBouZraran02 .. 34"41122" .... 11°26'42"
Oued Mimoun no4 ... 34" 40'25" .... 1l0 19'40"
Oued Saadoun ..... 34' 39' 10" .... Il0 14'14"
Sarnourn ....... 34" 34'54" .... Il0 03' 38"
7) la ligne droite de fermeture du golfe de Gabésjoignant la balise Samoum
définie ci-dessuset Ras Tourgueness ;
8) la laisse de basse mer, de Ras Tourgueness à la pointe de Sidi Garus ;
9) lalige de base droite joignant la pointe dSidiGanis ARas Marrnor ;
10) la laissede basse mer, de Ras Marmor h la frontièretuniso-libyenne ;
11) la laisse de basse mer des hauts-fonds découvrantsd'El Bibane.

Article2.- Le ministre des travaux publicset de l'habitat est chargéd'établir
les cartes marines indiquant les nouvelles lignesdbase ipartir desquellesest
mesurée la largeurde la mer territoriale tunisienne et d'assurer Aces cartes la
publicité suffisante.
Arricle3. - Les ministres des affaires Ctrangéres,de la défensenationale, de
l'économienationale, de l'agriculture etdes travaux publics et de l'habitat sont
chargés,chacun en cequi le concerne,de l'exkcutiondu présent décretqui sera
publié au Journal oficielde lnRkpubliquetunisienne.
FaitA Tunis, le3 novembre 1973.

Pour le présidentde la République tunisienne
et par delégation,

le premier minisire.
Hedi NOUIRA. CONTINENTAL SHELF

Annex 1-19

PAGE 189 OF
!NSTRUCTIONS NAUTIQUES, AFRIQUE (CÔTE NORD)-LEVANT

AUTRE IIIOUILLAGE. - Mahnrès (34'31' N - 10.30' Est)l.
Devant Maharès un trouvi:riiabri suffisint contre les vents dc l'Ouest

au N E cn 1i;israiiipIc Nord. La icnui: y cst Lionnc.On pt-ut mouiller
sur le rclévcineii1l3GOo du borilj ou du minaret (pagc 186).
-5 Uiie voii*frrrEriJi?Maliarkç P Sfa*. Rurrau tleposte,

GOLFE DE CARÈS~

Le golfe de C;ii,cI',nncii~niichilSyrte,S'OUVIC enire le raY8ngo
(Utigfia) [page 1851 et I'exirkrnitéN WdtbI'ile de Djerba (33053'N-
IOv51'E). On y 1ruul.e un lionabri soit dans In pnriic N\V - liaie

IO de La Skliirra ou des Sur-Kénis - soit dûrisla particSud, sur Iras
bancs qui s'éteiidrnt devaiil l'eiitrécrlu caiial d'iidjim.
Zone. - Une zone dangereuse où di,s travaux portuairessont rn
cours est portée silr la carte no ~$24, 1,sM ai1 Norrl [Irl'cntrét:du

portde Cab&$.
15 C~IAM ne:TIR.- Un champ de tir est ins~alléle long illaciite ni1
Suil ilt: I'i~iitrécilu port dc Gabès et s'étriivers It.Inrge jusqu'i
2500 rn ait N 1: de l'~n~lioiiclirirede l'oiirrl rs-Soiirrng. I.'rxériiiioiide
iirr cst ni~iirinc~cIiar ut1Ilinioii roiige, hicMi.niiSSE du plinte

il,: lii Doiiarie.

21) COTE ET AMERS. - nana I'Oiirsi du golfc dc Gabès s'i.l~vriit
de3 rnoniaFiies doni c.ert;iitieswiit relativemeni tiaiitrs (larcarie
ii" 921G). Au NN\V 25' M, fa cliainr: du d;ljelii.l 1foti.H~~drna
'i3in 30'N- 9*31 E) nioiiirIcsdeux graiidr srimmeis (1,.roii c6ié KSI
1.1un somrnrt plus petit qui, vue ilu Sud, a le profil tl'uti cûiic

25 (planche 12, page 1.04).Plus prés de la côte, ii6 M mi NNW de
Galiés,se trouve Ic massifdcs djebelr ~r-Rournana et Tel>ogoFoinassa
(illeida) qui, vu (le l'Est, offre l'aspect caractéristiquiIruxtables
Iiorizontales et, vil du Sud, crtlii de drux lrics aigus. Près, ci dans
l'ouest ile Gabès, on voiIrdjebel cd-Di$sacoiironnépar une cniiGtrur-

30 [ion ri.marqunble et plussu Sud, le Zernlc~.el-CtirlotiaIrljsh[,l Hnliiiiga).
Au S W la partie Surl du golfe, la chainr il~sAlarmata yoric
tl'Oiiesi eEst les .vonrmefrKaloa Matrnnta (Ballon), Lelln Tr1koirrissi.f
(sonrinet A) et (fans l1Argoi~b-ez-Zmertrr(Snierten). le signal dke/
.i.N.sniira (71rn). Pliis art Siid, kt? .If:rm-4!zcri(Di-mn~t) et le
35 djilhel l7ir,ljt.rahh'liir ITndjeroi, siirmontérl'uii nostr. ciptiqor, t<*rrniiietii

1i.clininec1chauteur vers le S K.
A 18 M nu Siirl du ras Yonga (Un&) r~t inouilléc unc bouée
c-linrlriq~e i banili~s verticales roirnrt Iilanclicset vnyrint 2 X
suprrl>nG+. luminv.ii;ri à rtfltxtrur rarlar. C'est la bnuéi. d'aiirtris.

'Carte n4239.
*Coricno4.316. ANNEX 1 TO MEMORIAL

Annex 1-20

Article 4

1. In localitieswhere thecoastline isdeeplyindented and cut into, or ifthereis
afringeof islandsatong thecoast initsimmediatevicinity, the method of straight
baselinesjoining appropriate points may be employed in drawing the baseline
from which the breadth of the territorial sea is measured.
2. The drawing of such baselines must no[depart to any appreciable extent
from the general direction of the coast, and the sea areas lying within thelines

must besufficientlycloselylinked to theland domain to be subject to the régime
of internal waters.
3. Baselinesshallnot be drawn to and from low-tide elevations,unless light-
housesor similar installations whichare permanently above sea levelhave been
built on thern.
4. Where the method of straight baselinesisapplicable under theprovisionsof
paragraph 1, account may be taken, in determining particular baselines, of
econornic interests peculiar to the region concerned, the reality and the imp'or-
tance of which are clearly evidenced by a long usage.
5. The system of straight baselines may not be applied by a State in suca
rnanner as to cut off frorn the high seas the territorial sea of another State.
6. Thecoastal Statemust clearlyindicatestraight baselineson charts, to which
due publicity must be given.

Arricle5

1.Waters on the landward sideof the baseline of the territorial sea form part
of the internal watersof the State.
2. Where the establishment of a straight baseline inaccordance with Article4
has the effect of enclosing as intemal watersareaswhich previously had been
considered as part of the territorial sea or the high seas, a right of innocent
passage, as provided in Articles 14to 23, shall exist in those waters.

The outer limit of the territorial sea is the line every pofnwhich is at a
distance from the nearest point of thebadine equal to the breadth of the
territorial sea.

Article7

1. This article relates only to bays the coasts owhich belong to a single
State.
2. For the purposes ot thesearticleabay isawell-markedindentation whose
penetration is in such proportion to the width of its mouth as to contain land-
locked waters and constitute more than a mere curvature of the coast. An
indentation shall not, however,be regarded as a bay unlessits area is as largeas,
or larger than, that of the semi-circlewhosediameter is a line drawn across the

rnouth of that indentation. 540 CONTINENTAL SHELF

3. For the purpose of measurement, the area of an indentation is that lying
between the low-water mark around the shore of the indentation and a line
joining the low-water marksof itsnatural entrance points. Where,because of the
presence of islands, an indentation has more than one mouth, the semi-circle
shall bedrawnon a line aslong as the sum total of the lengths of the lines across
the different mouths. Islands within an indentation shallbe included as if they
were part of the water area of the indentation.
4. If the distance between the low-watermarks of the natural entrancepoints
of a baydoes no1exceed24miles, a closingline rnaybe drawn between these two
low-water marks,and thewaters enclosed thereby shall beconsiderd as interna1

waters.
5. Where the distance between the low-water marks of the natural entrance
points of a bay exceeds 24 miles, a straight baseline of 24 miles shalf be drawn
within the bay in such a manner as to enclose the maximum area of water that is
possible 'witha line of that length.
6. The foregoing provisions shallnot apply to so-called"historie"bays, or in
any case where the straight baseline system provided for in Article 4 is
applied.

Article8

For the purpose of delimiting the territorial sea, the outermost permanent
harbour works which form an integraipart of the harbour system shall be
regarded as forrning part of the Coast.

Article9

Roadsteads whichare normally usedfor the loading,unloading and anchoring
of ships, and which would otherwise be situated wholly or partly outside the
outer tirnit of the territorial sea, are included in the temtosea. The coastal
State rnust clearly demarcate such roadsteads and indicate them on charts
together with their boundaries, to which due publicity mus1be given.

1. An island isa naturally formedarea of land, surrounded by water, whichis
above water at high tide.
2. The temtorial sea of an island is measured in accordance with the provi-
sions of these articles.

Article 1I

1. A low-tide elevation isa naturally formed area of land whichissurrounded
by and above water at low-tide but submerged at high tide. Where a low-tide
elevation issituated whollyor partly at a distance not exceeding the breadthof
the territorial sea from the mainland or an island, the low-water line on that
eievation maybe used as the baseline for measuring the breadth of the territorial
sea. ANNEX 1 TO MEMORIAL

Annex 1-21

ARTICLE 2THROUGH 13,ARTICLE S6THROUGH 79AND ARTICLE 8S3THROUGH

85 OF THEINFORMA COMPOSI NTEGOTIAT~ NEGXT(REv.2)

PARTII. TERRITORIALSEAAND CONTIGUOUS ZONE

SECTION 1.GENERAL

Articf2

JuridicalStatu ofthe TerritorialSea,oftheAir SpactheTerritorial and
ofilBed and Subsoil
1. The sovereignty of a coastal State extends beyond its land territory and
interna1waters, and in the case of an archipelagicState, its archipelagic waters,

over an adjacent belt of sea describede territorial sea.
2. Thissovereigntyextends to theair spaceover thetemtorial seastowell
its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subjCon-to this
vention and to other rules of international law.

SECTION 2.LIMITSOF THE TERRITORIALSEA

Articl3

Breadthof the Territorial Sea
EveryState has the right to establish the breitterritorial upaIOa

limit not exceeding 12 nautical miles, measured from baselines determined in
accordance with this Convention.

Article4
Ower Limit ofthe Territorial Sea

The outer limit of the territorial sea isthe line every point of which is at a
distance from the nearest point of the baseline equal to the breadth of the
territorial sea.

Articl5

NormalBaselirre

Eucepiwhere otherwiseprovidedinthisConvention, the normal baseline for
rneasuringthebreadth ofthe territorial seaisthelow-waterlinealong thecoast as
rnarked on large-scalecharts officially recognized by the coastal State.

Article6

Reefs
Inihecaseof islandssituatecion atollsor of islands having fringingreefs,the
baseliriefor measuring thebreadth of the terriisthe seaward low-water
line of the reef, as shownhe appropriate symbol on official charts. CONTINENTAL SHELF

Article7

1. In localitieswherethecoastline isdeeplyindented and cut into, or if there is
a fringeof islandsalongthe coast inits immediatevicinity,the method ofstraight
baselinesjoining appropriate points may be employed in drawing the baseline
fsorn which the breadth of the temionai sea is measured.
2. Where because of the presence of a delta and other natural conditions the
coastline is highly unstable, the appropriate points rnay be selected along the
furthest seaward extent of the low-waterline and, notwithstanding subsequent

regression of the low-water line, such baselines shall rernain effective until
changed by the coastal State in accordance with this Convention.
3. The drawing of such baselines must not depart to any appreciable extent
from the general direction of the coast, and the sea areas lying within the lines
must be sufficiently closelylinkedto the land domain to be subject to the régime
of interna1waters.
4. Straight baselines shall not be drawn to and from low-tide elevations,
unlesslighthousesor similar installations whichare permanently abovesea level
have been built on them or except in instances where the drawing of baselinta
and from such elevations has recieved general international recognition.
5.Where the method of straight baielines is applicable undeCparagraph I
account mav be taken. indetermining ~articularbaselines,ofeconomicinterests
pecuiiar to ihe region concerned, th;e'realityand the importance of which are

clearly evidenced by a long usage.
6, The systern of straight baselines maynot be applied by aState in such a
rnanner as to cut off from the high seas or the exclusive economic zone the
territoriasea of another Srate.

Interna1Waters
1. Except as provided in Part IV, waters on the landward sideof the baseline
of the territoriasea from part of the internai waters of the State.
2. Where the establishment ofa straight baseline in accordance with Article 7
has theeffect of enclosingas intemal waters areaswhichhad not previouslybeen
considered as such, a right of innocent passageasprovided in this Convention
shall exist is those waters.

Article9

If a river flowsdirectly into the sea, the baseline shalstraight lineacross
the mouth of the river between points on the low-tide line of its banks.

Article10

1. T'lisarticle relates only to bays the coastç of which belong to a single
State.
2. For the purposes of this Convention, a bay is a well-marked indentation
whosepenetration is in such proportion tothe width of its mouth asto contain

land-locked watersand constitute more than amere curvature of the coast. An ANNEX 1 TO MEMORIAL 543

indentation shallnot, however,be regardedas a bayunlessits areais as largeas,
or larger than, that of the semi-circlewhosediameter is a line drawn across the
mouth of that indentation.
3. For the purposes of measurement,the area of an indentation is that lying
between the low-water mark around the shore of the indentation and a line
joining the low-watermark of its naturalentrance points. Where,becauseof the
presence of islands, an indentation has more than one mouth, the semi-circle
shallbedrawn on a line as longas the sumtotal of thelengthsof the linesacross
the different mouths. Islands within an indentation shall be includedas if they
werepart of the water area of the indentation.
4. If the distancebetweenthe low-watermarksof the natural entrancepoints
of a baydoes not exceed24milesa closing lin meay bedrawn betweenthesetwo
low-watermarks,and thewatersenclosedtherebyshall be wnsidered asinterna1

waters.
5.Where the distance between the low-watermarks of the natural entrance
points of a bay exceeds24 milesa straight baselineof 24 milesshall be drawn
within the bay in sucha manner as to enclosethemaximum areaof water that is
possible witha line of that length.
6. The foregoing provisionsdo not apply to so-called"historic" bays. or in
any case where the systemof straight baselines provided for inArticle7 is
applied.

ArticleII

Ports
For the purpose of delimiting the territorial sea, the outerrnost permanent

harbourworks which forman integralpart of theharbour systemareregardedas
forrningpart of theCoast.Off-shore installationand artificialislands shallnot
be considered as permanent harbour works.

Article12

Roadsteadswhichare normallyused for the loading,unloading, and anchor-
ing ofships,and whichwouldotherwisebesituated whollyor partly outside the
outer limit of the territorial sea, are included in the temtorial sea.

Article13

iow-ride Elevations

1. A low-tide elevatioisa naturallyformedarea ofland whichis surrounded
by and above water at low tide but submerged at high tide. Wherea low-tide
elevation issituated whollyor partly at a distance notceedingthe breadth of
the territorial sea from the mainland oran island, the low-water lineon that
elevationmaybe usedasthebaselinefor measunng thebreadth of the territorial
sea.
2. Where a low-tide elevationis whollysituated at a distance exceedingthe '
breadth of the territorial seafrom the mainlandor an island, it hasno territonal
sea of its own. CONTINENTAL SHELF

PART VI. CONTINENTAL SmLF

Article76

Definirionoj fheContinenzal Shelf
1.Thecontinental shelfof acoastal Statecomprisesthe sea-bedand subsoilof
the submarine areas that extend beyond its temtonal seathroughout the natural
prolongation of its land territory to the outer edge of thecontinental margin, or
to a distance of 200nautical milesfrom the baselines from which the breadth of
the territorial sea is measured where theouter edge of the continental margin
does not extend up to that distance.

2. The continental shelf of a coastal State shall not extend beyond the limits
provided for in paragraphs 4 to 6.
3. The continental margin comprises the submergedprolongation of the land
rnassof the coastai State, and consists of the sea-bed and subsoilof the shelf,the
slopeand the rise.1tdoes not includethedeep ocean floor with ilsoceanicridges
or the subsoil thereof.
4. (a) For the purposes of this Convention, the coastal State shall establish
the outer edge of the continentalmargin wherever the margin extends beyond
200nautical milesfrom the baselines fromwhichthebreadth of the temtonal sea
is measured, by either :

(i) a line deiineated in accordance with paragraph 7 by reference to the
,outermost fixedpoints at eachof whichthe thicknessof sedimentary rocksis
at least 1per cent of the shortest distance from such point to the foot of the
continental slope ; or,
(ii) a iine delineated in accordance with paragraph 7 by reference to fixed
points not more than 60 nautical miles from the foot of the continental
slope.

(& In theabsence ofevidenceto thecontrary, thefoot of theconfinenta1slope
shall be determined as the point of maximum change in the gradient at its
base.
5. The fixed points cornprising the line of the outer lirnofthe continental
shelf on the sea-bed, drawn in accordance with paragraph 4 (a) (i) and (ii),
either shdl not exceed 350 nautical miles from the baselines from which the
breadth of the territorial sea is measured or shall not exŒe100 nautical miles
from the 2,500metre isobath, which is a line wnnecting the depth of 2,500

metres.
6. Notwithstanding the provisions of paragraph 5,on submarine ridges, the
outer limit of the continental shelf shaHnot exceed350 nautical miles from the
baselines from which the breadth of the temtorial sea is measured. This para-
graph does not apply to submarine elevationsthat arenaturalcomponents of the
continental margin, such as its plateaux, rises, caps, banks and spurs.
7. The coastal State shall delineate the seaward boundary of its continental
shelfwherethat shelfextends beyond 200nautical rnilesfrornthe baselinesfrom
which the breadth of the territorial sea is measured bystraight lines not exceed-
ing o(1nautical milesin length,connecting fixedpoints, suchpoints to be defined
by ceordinates of latitude and longitude.
8. Information on the lirnitsof the continental shelfbeyond th200 nautical
mile exclusive economic zone shall be submitted by the coastal State to the

Commissionon the Limitsof theContinental Shelfset up under Annex 11on the
basis of equitable geographical representation. The Commission shall rnake ANNEX 1 TO MEMORlAL 545

rwomrnendations tocoastal Stateson matters related to theestablishment of the
outer lirnits of their continental shelf. The limits of the shelf established by a
coastal State taking into account these recommendations shalI be final and
binding.
9. The coastal State shall deposit with the Secrelary-Generaf of the United
Nations charts andrelevant information, including geodetic data, pemanently
describing the outer lirnits of its continental shelf. The Secretary-General shall
give due publicity thereto.

10. The provisions of this article are without prejudice to the question of
delimitation of the continental shelf between adjacent or opposite States.

Article 77

Rightsof the CoastalState overthe ContinentalShey

1. The coastal State exercises over the continental shelf sovereign rights for
the purpose of explaring it and exploiting its natural resources.
2. The rights referred to in paragraph I are exclusivein the sense that if the
coastal State does not explore the continental shelf or exploit its natural
resources, no one may undertake these activilies without the expressconsent of
the coastal State.
3.The rights of the coastal State over the continental shelf do not depend on
occupation, effective or notional, or on any express proclamation.
4.The natural resources referred to in this Part consist of the mineral and
other non-living resourcesof the sea-bed and subsoil together with livingorga-
nisms belonging to sedentary species, that is to Say,organisms which, at the
harvestable stage, either are immobile on or under the sea-bed or are unable to

move except in constant physical contact with the sea-bed or the subsoil.

Article78

LegalStatur of theSuperjacentWatersandAirSpaceundthe RightsundFreedom
ofOther States
1.The rights of the coastal State over the continental sheif do not affect

the legal status of the supejacent waters or of the air space above those
waters.
2. Theexercise oftherightsof thecoastal State over thecontinental shelfmust
no1infringe,or resultin any unjustifiableinterference with navigation and other
rights and freedoms of other States as provided for in this Convention.

SubmarineCablesand Pipelines on the ContinentalSheq

1. Al1Statesare entitled to lay submarine cables and pipelines on the conti-
nental shelf, in accordance with the provisions of this article.
2. Subject to its right to take reasonable measuresfor the exploration of the
continental shelf, the exploitation of its natural resources and the prevention,
reduction and control of pollution from pipelines, the coastal State may not
impede the laying or maintenance of such cables or pipelines.
3. The delineation of the course for the laying of such pipelines on the
continental shelf is subject to the consent of the coastal State.546 CONTINENTAL SHELF

Defimita~ion of rheConrinenralShelfbetweenSrares wilh Oppositeor Adjocenr
coasrs

1. The delirnitation of the continental shelf between States with oppositeor
adjacent coasts shall be effected by agreement in conformity with international
law.Suchan agreement shailbe inaccordance withequitable principles, employ-
ingthe median or equidistance line,whereappropriate, and taking account of al1
circumstances prevailing in the area concerned.
2. If no agreement can be reached yithin a reasonable penod of time, the
States concerned shall resort to the procedures provided for in Part XV.
3. Pendingagreement as provided forin paragraph 1,the Statesconcerned, in
a spirit of understanding and co-operation, shall rnake everyeffort to enter into
provisional arrangements of a practical nature and, during this transitional
period, not tojeopardize or hamper the reaching of the final agreement. Such

arrangements shall be without prejudice to the final delimitation.
4. Where there is an agreement in force between the States concerned, ques-
tions relating to the delimitation of the continental shelf shall be determined in
accordance with the provisions of that agreement.

Article84
Charfsand Listsof GeographicalCo-ordinares

1. Subject to this Part, the outer limit lines of the continental shelf and the
lines of delimitation drawn in accordance with Article 83 shall be shown on
charts of ascale or scales adequate for detennining them. Where appropriate,
lists of geographical co-ordinates of points, specifyingthe geodetic datum, may
be substituted for such outer limit lineor lines of delirnitation.
2.Thecoastal State shallgivedue publicity to suchcharts or listsof geograph-
ical co-ordinatesand shall deposit acopy of each such chart or list with the
Secretary-General of the United Nations.

Article85
Tunnelling

This Part does not prejudice the right of thecoastal State to exploit the subsoil
by means of tunnelling, irrespective of the depth of water above the subsoil. Annex1-22

COLOMBIA/COR STIAAGREEMEN LI,ITN THESEAN,O.84,15FEBRUARY
1979,WASHINGTO DC,, OFFIOF THEGEOGRAPH ESR,EPARTME NT
STATE

(Norreproduced]

Annex1-23

PAGE663OF

GILBERCT.GIDELL,EDROIT INTERNATIONAL PUBLIC DE LA ME1934.RIS,
VOLUMIE II

[Nor reproàuced]

Annex1-24

[Noreproduced)

Annex1-ZS

[Noireproduced) CONTINENTAL SHELF

Annex 1-26

c) Tunisie

136. Lazone réservée au Largedescbtes de la Régencede Tunis dans laquelle
le Gouvernement tunisien réglementesouverainement l'exercicede la pêche est
délimitéeiil'heure actuelle ainsi qu'il suit:

1) De la frontikre algéro-tunisienne auRas Kaboudia, la partie de la mer
comprise entre lalaissede basse-mer etune ligneparallèle tràtrois millesau
large, Al'exceptiondu golfede Tunis qui, àl'intérieurde la lignecap Farina-île
Plane-île Zembra-cap Bon est entiérement comprisdans la zone réservée.
2) Du Ras Kaboudia ila frontièredeTripolitaine, la partie de la mer limitée
par uneIignequi,partant du point d'aboutissement delalignede3millesdécrite
ci-dessus rejoint au largedu Ras Kaboudia l'isobathe de 50 métres etsuit cet
isobathejusqu'g son point de rencontre avec une lignepartdutRasAhadir en

direction du nord-est.
137. L'inclusiondans lazone réservée'une notable partie du golfedeGabés
est justifiée par l'existence de pêcheries indigénes sulres hauts-fonds et la
présencede bancs d'épongesdont legouvernement locala, de tout temps, assuré
lecontrôle. Ces eaux historiquessont limitées nonpas en distance, par raAport
un tracélittoral,maisen profondeur parce que ce point de vue seulimportait en
raison de l'usagequi étaitfait de ces eaux.

C'est ainsi :
A) Que lespêcheries indigénesé,tantconstituéespar desbranches de palmier
fichéesdans le fond de la mer et dont lesommet doit dépasser,mêmepar marée
haute, les revendications au titre des pêcheries indigènes, ne s'étptas sur
des fonds supérieursà 2,50- m3étres;
B) Que la pêchedes épongesau trident ne pouvant s'exercerau-dell de 18A

20mètres, laprofondeur de 20 métresaété choisiecommelimiteintérieurede la
pêchedes scaphandres et gangaves, en réservantaux premiers lesprofondeurs
inférieures;
C) Que la pêcheau scaphandre et illa gangave s'étant exercéeans le passe
par desprofondeurs ne dépassantpas 50 métres,lasurveillanceadministrativea
adopté cette limite comme étant celle de l'étenduepratique des bancs tuni-
siens.

138. Lesjustificationsjuridiques de ce point de vue sont les suivantes :jus-
qu'auxfonds de 3mètresenviron, quellequesoit la distancede la lignecôtiile,
existe des piécesde notoriété,des actes de concession des beys qui remontent A
1872et réservent lapropriétéde telleseaux aux habitants pauvres de la ré;ion
des actes de successionsfamilialesdont certainsremontent a 1854comprennent
parmi lesbiens fonciersdes parcellesde pecheries indigknessisesdans leszones
ci-dessusautour des îles Kerkennah et lelong des rivagesde la régionde S-ax
plus demille titres dece genresont entre tesmainsde l'administration. Cesfonds
s'étendentjusqu'à 17milles de la terre ferme. ANNEX 1 TO MEMORlAL 549

139. En ce qui concerne lesprofondeurs supérieureset lapêcheaux éponges,
le contrôle de ce qu'on appel<les bancs tunisieno a toujours étéexercépar
l'administration des beys. En 1848,le souverain transféra la concession h son
ministre Ben Ayed qui prit le soin de la faire établir par des décretsréguliers
notifiésaux consuls. Ceux-ci,malgrélesprotestations du concessionnaévincé
qui était grec, ne songèrent jamais h contester au bey le droit de disposer
souverainement des bancs d'épongesde la côte tunisienne. La concession Ben
Ayed durajusqu'en 1869,époque où lacommission financièreconstituéeauprés

des beys pour la garantie des dettes de la Régence vis-&-visdes puissances
européennesdécidad'affermerlapêche deséponges et dedéclarerrevenu public
les produits dce fermage.
140. En 1875,un capitaine grec et un commerçant fransais ayant essayéde
protester contre le fermage en invoquant le principe de la mer libre furent, par
jugement de leurs consuls respectifs, déboutésde leurs prétentions.
141. Quant a la limite de la surveillancejusqu'aux fonds de 50mètresestle
appliquéedepuis l'affermagede la pèchedesépongesetest prévueexplicitement
a l'article29de l'instruction du 31dkcembre 1904sur leservicede la navigation
et des pêches. insérée page1s15et suivantes du Recueildes lois,décrets, règle-
mentset circulairesconcernantlesservices dépendandte la direction générles
~rovouxpublics de la Régencede Tunisa,nnée1904.Depuisquarante-quatre ans,
cette circulaire a reçu une diffusion et une publicité très larges etn'ajamais été
contestéepar personne. D'ailleursdesjugements des tribunaux ont confirméle
point de vuede l'administration. A titre d'exemple.on peut citer unjugement du

tribunal correctionnel de Soussedu I1juillet 1929,sur appeld'unjugement de la
justice depaixde Sfaxqui a condamnélepatron d'ungangavier italiensurpris en
train depêchersanspatente le 1ljuillet 1A26millesdans lesud-est de labouée
no 7 des Kerkennah par des fonds de 35 mètres.
142. Le droit de la Tunisiede considérer comme faisant partie des eaux
'territoriales toute la zonecomprAsl'intérieurde la lignede fonds de 50métres
du Ras Kaboudia à lafrontiére tripolitaine ne saurait donc étresérieusement
contesté. CONTINENTAL SHELF

Annex 1-27

LIBYAN NOTE VERBAL TO THE M~NISTR OFFOREIGN AFFAIRS,
TUNISIA RNEPUBLIC D,ATED20JANUARY 1979

[Arabi~extnot reproduced]
(Translation)

R.N.: 1/7/11/42

The Secretariat of Foreign Affairs of the Socialist People's Libyan Arab
Jamahiriya presentss best compliments to the Ministry of Foreign Affairs of
thefraternalTunisian Republic,and inreferenceto theTunisian LawNo. 49/73,
dated2 August 1973,concerning the delimitatofthe Tunisian territorial
waters, and to the Decree527/73, date3November 1973,conceming the
baselines, has the honour to inform the MiofForeign Affairs and the

Tunisian authorities that the Socialist People's Libyan Arab Jamahinya in
accordance with its previous consistent positions, re-emphasizesits reservation
as to any and ail consequences whjch the above-mentioned Law and Decree
rnight purport to effect in respect to its permanent and sovereignrights to its
continentalhelf. ANNEX 1 TO MEMORIAL

Annex1-Zû

As the spellingsofArabic place names are phonetic, thereare certain varia-
tionsbetween theplacenamesusedin thetext oftheMemorial,and thoseused in
the maps accornpanyingthe Memorial and the geologicalsurvey.

The following names are Listedbelow as exarnples :

AI Khum : Khums. Al Kums.
Benghazi : BinghaU.
CupeBon : Cap Bon, RasAtib.
Djerba : Gerba.
Ghadames :Ghadarnis.
Gharian :Gharyan.
Gulfof Gabes : Golfe de Gabes.

Gulf of Hammamet :Harnmat.
Hamadahal Hamrah :Hamada al Hama.
Kerkennah : Kerkenna.
Misratah : Misurata.
Nefusa : Nafusa, Nofusa.
Ras Ajdir : Ras Aghadir, Ras Jdir.
Ras Kuhudia : Ras Kapoudia, Ras Kapudia.
Ras Yonga : Ras Ungha.
Sirt: Sirte.
Sourse : Sussa. CONTINENTAL SHELF

Annex 1-29

1. the undersigned, Kamel H. El Maghur,Agent of the Swialist People's
LibyanArabJamahiriya,herebycertifythat copies ofeachdocument attached as
Annexes 1-1 through1-9and 1-1I through1-27of the Mernoria1subrnittedby the
SocialistPeople'sLibyan Arab Jamahiriya are accurate copi;sthat the docu-
ment appearing inAnnex 1-10 is an accuratecopyof the memorandurnreceived

by Libya ; and that thetranslations into Englisof the Arabictext of each
document appearing in Annexes1-1,1-9,l-10,1-1,I12,I-13,I-14,and 1-27are
accurate translations of those documents.

(Signed) Kamel H. EL MAGHUR,
Agent of the ~zialist People's
Libyan Arab Jarnahiriya. ANNEX II TO MEMORIAL

Annex II

A STUDY OF THE LIBYAN-TUNISIAN
CONTJNENTALSHELF1

CHAPTER 1
THE MEDITERRANEAN SEA

SECTION1 - Introduction

The Mediterranean Sea, in which the study area is located, coversan
area of nearly 2.5 million square kilometres betweenthe continents of
Europe, Africa and Asia: it is connected in the Westwith the Atlantic
Ocean via theStrait of Gibraltar, and in the east with the Black Sea via
the Dardaneltes and the Bosphorus.

Itextendsfrom the Coastof Levant westward to the Strait of Gibraltar,
a distanceof 4000 kilornetrestrending east-west along much of its length
(Figur e).

Deepwater covers60 per cent. of the Mediterranean. Of this area of
deep water, 1.4 millionsquare kilometresare at depths greater than 1000
metres and about 1 millionsquare kilornetresare 2000 metres deep.
About 80 per cent. of the Mediterranean is deeper than 200 metres,
whileonly 20 per cent. of the area of the Mediterranean Sea is less than
200 rnetres deep (Byramjee et al., 1977).

A maximum depth of 5093 metres bas been found in the Hellenic
trough. The mean depth is approximately 1500 metres, but great differ-
ences exist depending on the region.

Mostauthors attribute thesedifferencesindepth to changesin the type
of crust, or to different morphologicalprocesses.

' ThisStudy hm beepreparedby :
(1)Omar S.HammudaG , eologDepartmentF ,acultofScience,Al-Fateh Univer-
sity,Tnpoli,LibyaFrom 1975-1976P,rofessr ammuda wasChairman oftheGeo-
Univ.of>lllino1963)-;MSch(Geology)U,niv.ofColorado(1967) PhDt(Geology),
Univ.ofColorado(1973).
(2)Amin A. Missallati, Associatrofessor,GeologyDepartment,Facultyof
Science. l-Fateh Universtyn,poli,Lib. rom1973-197P 4,rofessor Missaatis
Chairmanof theGwlogyDepartmeni ,l-FaiehUniversity.egrees:BSc(Geology
andChemistry)U , niv.of Libya(196; MA (Economic GeologC y),lumbiaUniv.
lordUniv.(19761-977).Gwlogy),SlanfordUniv.(1972):UniversitScholar.Sian-554 CONTINENTAL SHELF PI

6 - PHYS~OGRAPH AND TOPOGRAPHY
Accordingly,the Mediterranean Sea is divided into several geographi-
cal basinand sub-basinsthat are moreor lessseparated fromoneanother
by,thresholds, peninsulas or islands. These divisions and subdivisions
coincide approximately with the recognized major physiographic prov-
inces orseas, which were describedin great detail by many investigators
such as Ryan et al., (197 1);Cartetal., (1971); and Biju-Duvalet al.,
(1974).
These divisions or physiographic provinces are shown in Figure 1.
From West toeast they are:

1- The WesternMediierronenn,whjchincludes the followingbasins
and seas:
A - The North Balearic Basin.
B -The South Balearic Basin.

C -The Tyrrhenian Basin.
2 - The Central Mediterranean, which includesthe followingbasins
and seas:
A - The Ionian Basin.

B -The South Adriatic Basin.
3- The Eastern Mediterranean,whichincludes the followingbasins
and seas:
A - The Aegean Sea and its related basins.
B -The Levantine Basin.

Topographicaly speaking, the physiographic diagram of the Mediter-
ranean floor (FigureIA) as described byHsü (1977) suggests a three-
fold subdivision:
1. The North and South Balearic basins characterized by an
abyssal plainlrnost devoid of relief.

2. The back arc basins of the Tyrrhenian and Aegean seas,
dotted with numerous seamounts and active volcanoes.
3. The Ionian and South Adriatic basinof the Central Medi-
terranean and the Levantine basinof the Eastern Mediterranean,
dominated by the presenceof an arcuateubmarine mountain range
(the Mediterranean ridge).

According toHsü (1977). these difîerences in topography are a mani-
festatioofthe distinct tectonic frameworkswhichcontrolled the creation
of each basin during the tectonic evolution of the Mediterranean.i31 ANNEX II TO MEMORIAL 555
SECTION2 - TectonicEvolution

A detailed descriptionof these tectonic frarneworksor of the tectonic
evolution of the Mediterranean is not within thescopeof this study. In
consideringthe basicand generally accepted facts of the theory of "plate
tectonics", it isrecognizedthat it isthe dualismbetween theAfrican plate
and the European plate, each having its own movementand interfering
with the other, that causes the very complicated situation in the Medi-
terranean area.
C
Some 100millionyears agothese two plateswereseparated by an east-
Westrunning sea, called Tethys, which was probably larger than the
present Mediterranean Sea. Huge masses of sediments accumulated on
the shelvesand within the basins of this sea. Later on, these sediments
werepushedtogether, foldedand pressed("suMucted") intodeeperparts
of tbe earth's crust. More recently, (in geologicalterms about 80 to 40
millionyears ago) at the end of Cretaceousto LowerTertiary times,these
rocks were ejected again, forming the now well-knownmountain belts
extending fromthe Atlas and Betic cordilleras across Sicily,the Appen-
nines, the Alps, the Balkan mountain chain across the Aegean Sea into
Anatolia, and from there into the Asiatic mountain ranges. (See Figure
4C. )

The processof mountain formation (orogenesis) affected the adjacent
areas in different ways: The African plate, lying mainlyat the external
(Le. southern) side of the orogenic belt, wasonly slightly affected and
tectonized;incontrast to that, thereas lying between orogenic belts(the
interna1areas) were subrnitted torather drastic tectonic changes.

As a first approximation, the northern extensionof the African plate
reaches as far asthe next orogenicbelt, the Europeanplate. This inter-
pretation implies-from ageological pointof view- that the Atlas Ranges
belong to the Tethian realrnand definitely not tothe African plate. More
to the east, at the Gulf of Sirt, the northern extensionof the African plate
extendsas far as the rniddlepartofSicilyand the Calabrian and Hellenic
arch systems.

Within the Mediterranean region the first event of which we have
satisfactorygeological knowledgeisthe evaporationof thisarea at the end
of the Upper Miocene period (Messinian time accurred about 7 to 5
millionyears ago). Fromdeep sea drillingweknowthat in rnostparts of
the Mediterranean area; salt, sulphates and related sedimentsofvapora-
tion cycles weredeposited. Immediately beforeTortonian time this area
was covered by the sea (Tethys), at whichtime a normal exchange with
the waters of the WorldOcean regulated ,the salinity.

At the time boundary betweenthe Tortonian/ Messinianstages, proba-
bly due to plate motionsof Africa versus Europe, the waterways to the
World Oceans were drastically reduced: the quantity of water fiowing556 CONTINENTAL SHELF 141

into this area was aboutequal or lessthan thequantity of water whichwas
evaporated. Thus, huge masses of evaporites, at some places morethan
three kilornetres thickcould accumulate.

The depth of the basinsismuchdebated. Whileonegroupofgeoscien-
tists argues in favour of verydeep basins (several kilometresbelowworld
sea level) and therefore must postulate "giant waterfall" cascading from
the Atlantic into the Balearicbasins, geologistsgeneralfythink in terms of
basinsof a maximum depth of severalhundred metres, certainlylessthan
lOûûmetres. Geological proof besides other evidence lies in the facies
relationship belweennormal manne and evaporiiicsedirnents,which, asa
matter of fact,areintermingling.Thiscan onlyoccur :(a)if thewater level
within the Mediterranean area did not change for severalthousand years
and {b)if therewas amoreor lesscontinuousinflux of oceanicwatersin10
this region.

During Oligoceneand Miocenetimes (about 35to 5 millionyears ago)
in several marginal parts of the Mediterranean area we find evidenceof
huge masstransports inthe formof gravityslides(olistostromes), aquatic
transport (by rivers) and filling by fiysch sediments, al1ofwhich show
directions of transport from the now existing basins towards the now
existingcoastal area. This could onlyhave occurred if we assume a total
reversa1of the relief: a continental or landarea must have existedinplace
of someof the present basins (or parts of thern); and a depression (in most
cases near or below sea level) at the site of the actual coastç. This
paleogeographic reconstruction expIains best some of the Maghrebinian
flyschdeposits,someclastic depositsin parts of the Provencialand Ionian
coasts, and olistostromes in Calabria. In other words. there isevidence
that atleast parts of the nowexisting Mediterranean basins havebeendry
land before.

One can compare these reversais of relief withthe breakdown of the
Aegean land,bridging the Peloponnesoswith Anatolia. Parts of this land
broke down, although this breakdown did not occur before Pliocene/
Quaternary times, or lessthan about 5 million years ago.
During the Messinian tirne many of the Mediterranean basins had
already subsided,moreor lessrapidly. The thicknessofthe evaporitesisa
realisticgauge for thebasinal subsidence. Nevertheless, morphologically
speaking, these sinking basins were notdeep depressions because they
were continuously being filledup by evaporites.

At the MiocenejPliocene time boundary (about 5.6millionyears ago)
this situation changedcompletelyand rather suddenly,whenthe Strait of
Gibraltar opened, probablydue to tectonical events cornbined withero-
sion. From this time on, the exchange of Mediterranean waters with
those of the Atlantic was facilitated. The precipitation of evaporites .
stopped. But now,in the Pliocenetime (as before,during the Messinian
time) there were but little quantilies ofclasticdebrisavailablearound the
basins, much too little sedirnent to fil1up the subsiding basins. Accord-
ingly, the subsidence started to developmorphological basins. i51 ANNEX II TO MËMORIAL 557

The mass deficiencybelowthe basins caused by the subsidence couldbe
compensated at least in part by coastal uplift. a phenomenon well known
on many Mediterranean coasts and istands. These movements (in some
areas far too complicated to be outlined in detail here) are still occurring
today. This can be provedbycomparing certain archacalogical sites with
the actual sea level.

It rnay be useful to concentrate on the Central Mediterranean area,
since the study area lies within it.
During Tortonian time (about 10to 7 million years ago) the Central
Mediterranean area (including the lonian area tothe east and northeasl)

was rnainly covered by the sea. Yet, it is unlikely that very deep basins
(rnuch below500to 1000metres) existed here. Probably, the entire area
wascomparable with the present situation of the shelf and Pelagian Basin
between Libya, Tunisia and Sicily, but without the tilting towards the
Ionian deep sea.
At the beginingofMessinian time (Late Miocene)-thisarea changed its
appearance completely. The sea leveldropped in the order of 100to 200
metres. Sebkhas and salt lakes coveredthe area. Regionswith a subsid-
ing tendency (e.g., grabens in the Sirt-Suculo-Tunisian rift systemand in
more central basins) were filled by thick evaporites. Even at that tirne,
sornedifférencesexisted betweenthe Pelagian area and that of the present
lonian basin. While the Pelagian area shows only evidence of regional
movemenls (not confinedto the Pelagian Basin), the Ionian basin reveals

a localized but slowtendency to subsidence, testified by the thickness and
extension of the evaporitic deposits.
At the beginning of Pliocene time (about 5 million years ago) the sea
level rose again and with it a normal marine situation was reinstated.
Isostatic readjustmerits are responsiblefor further loweriof depressions.
Hence, the lithicmasses beneath the basins hadtoescape intothe adjacent
marginal areas. This finally caused coastat uplifting, a phenomenon
which can beobservedespeciallywithin the more mobile orogenicbelts as
described above. Up tothat tirnethe north extensionof the African block
within the area under consideration was in the form of a more or less
uniform and not very deep sea bottom. In Early Pliocene times two
morphologically different domains formed, caused by a huge tectonical

system running in an approximately southerly direction from the Strait of
Messina,parallel to the east coast of Sicilytowards the African coast (the
feature identified inPlaie 5 as the Misratah-Malta escarpment). This
fault line is the result of the fastnking of the Ionian basin in the east,
while in the Westthe Malta platform (lbleo platform), including Sicily
and the Pelagian area, behaved like a stable block with minor undulating
deformations.
During the Quaternary time (about 1millionyears ago), due toeustatic
sea levelchanges, the Mediterranead Sea retreated several times. As a
result, almostthe entire shelfarea downtoan actual water depth of 120 to
140metres became dry land, and exposed the seabed down toabout 200 558 CONTINENTAL SHELF 61
4
metres below the present sea level to wave and current actions. The
Quarternary sea levelchanges are mainly responsible forthe morphology
of the shelf area and the configuratioof the continental Coast.
SECTION3 - Geologic and TectonicSetting

According to their location withregard to the Alpine belt, the present
basins of the Mediterranean are classified into:
- Innei basins: mainly those of the Western Mediterranean; i.e. the
north and south BaIearicbasins and the Tyrrhenian Seaand the northeast-
ern part of the Eastern Mediterranean.

- Outer basins: mainly the Ionian Sea and the western part of the
Eastern Mediterranean.
According to Biju-Duval et al.,(1974), several of these basins were
formed beforethe Late Miocene. Geologicallyspeaking, he divided the
present Mediterranean into twotypes of sedimentary basins, which hava
different age, structure and genesis. These are:

-Cenozoicbasins: These basins coincide mostly withthe inner basins,
namely the Western,Tyrrhenian, Aegean and horth Cyprus basins. They
are located in areas that were tectonized during the Mesozoic and are
superimposedon or closeto the Alpine folded belts. The genesisof some
of them could beexplained in an island arc systemof rigid blocks between
Europe and Africa.
-Mesozoic-Cenozoic basins: These basins coincide rnostly with outer
basins, narnelythoseof the Central and the Eastern Mediterranean, espe-
ciallythearea south ofSicily,Crete,Cyprus and the Adriatic basin. They
are located inreas that have been affected only slightly, or not at all, by
the Alpine foldingand they formthe northern prolongationof the African
Continent. Some of thern actually continueonshore in the form ofsedi-
mentary basins. Figure 2 is a geological sketch map, showing major
geologic elernents of the Mediterranean area.

It should be emphasized here that several features characterize both
basin types. These features are: the generality of the PIiocene-Quater-
nary foundering,the recent deltas (Figure2) and the widespreaddistribu-
tion of the Upper Miocene evaporites and theironshore prolongation.
Tectonically,the Mediterranean Sea lies between twoentirely different
structural realms, as is showninigure3. To the north it is bounded by

the mobile Alpine beltwhichconstitutes the westward extension of much
larger tectonic belts (Tethys) that stretch eastward through the Middle
@ East and Asia (Figure 4C). To the south it is bounded by the stable
African platform. ANNEX II TO MEMORIAL

CHAPTERII

THE PELAGIANBASIN
SECTION 1 Introduction

A - LOCATION AND GENERALSETTING
Our area of interest is within the lonian basin which extendsnorth to
Sicily and Greece, and is connected to the Adriatic basin by the strait of
Otranto; east to a lifrom AkraKriossouth of 34"N;westfrom there to

Ras Amir, eastern Libya; and south to central and western Libya and
southeasternTunisia. On the Westthe Ionian basin includesthe Strait of
Sicily and covers an area of approximately 616,000 square kilometres
(Figure1 ). It has a maximumdepth of 5093metres whichisthe greatest
on record forthe Mediteranean.
The study area, and the area within whichTunisia and Libya seek to
delimit their continental shelves, isonly part of the Ionian basin. It is,
however,a part whichcan beidentified scientificallyasthe Pelagian Basin
OF Platform. It can beseen quite clearly on Figurs,4C. 5and Plate 5.

The Pelagian Basin is bounded by latitudes 32" to 36'N, and 10" to
tS030'E. It consistsof an area, raughiy a parallelogram inshape, with a
northern boundary runningalong the Pantelleria Trough. This isa signif-
icant baundary, for it is constituted adeep trough, reaching a depth
ranging from 1000 to 1500 metres caused by the sharp subsidenceof a
down-dropped region between two faults. To the south, the limils of the
Basin are bounded by the rift valley "Gafsa-Jeffara Fault", whichruns
from the edge of the Gulf of Sirt in the east to the longitudeof Gafsa (see
Plate 5),thus ernbracing within the Basin the northern ~oastal plain of
Libya (the Jeffara Plain) and part of Tunisia. To the east the boundary
of the Pelagian Basin runs north-south along a fault zonethe eastern
edge of the Medina Bank, identifiedas the Misratah-Malla escarpment
(see Plale 5): beyond this linethe seabed drops suddenly. To the West
the limits of the Basin again run along a north-south, very pronounced,
fauit zone (Burollet el al., 1978) whichextendsfromGabes inthe southto
Tunisinthe north, thusencompassingthe eastern part ofTunisia. Beyond
this north-south axis, to the west,lie the strongly-foldedAllas mountains
of central and northern Tunisia. This north-south axis is an important
boundary since it marks the division betweenthe stable African platform
and the activeAtlas fold belt. weshall see,the tectoniccharacteristics
are quite different on either side of this boundary. Southeastern Tunisia
and northwestern Libya are part of the stable African Platform, while in
northern and central Tunisia the folded Atlas mountains which trend
NNE-SSWare part of the same mountain chain whichcontinues through
Sicily andthemainland of Italy, becomingthe Appenine rnountains (Fig-
ure 4C). 560 CONTINENTAL SHELF FI

It should be emphasized that, geologically, the Pelagian Basin is an
integral part ofthe African continent. It must equallybeemphasizedthat
it is a geological feature. Its surface topography, reflectedin the bathy-
metric maps, is quite incidental. There is a certain "ridging", which
means a series of parallel ridgesrunning roughly east-west. whichas we
sha11see are a reflection of the underlying tectonic trends. And the
PelagianBasintilts to the east, thus givingshallowwaters tonearWest,
the Tunisian coast, and deeper waters towards the eastern limit of the
Basin. However,theseare superficialtopographie features of fittleconse-
quence. In particular, care must be taken in interpreting the kind of
artistic relief map shown asureIA. Though useful to illustrate the
contrast betweenthe different basins in the Mediterranean, it emphasizes
the200 metre isobathin a waywhichismisleading,becausethe 200metre
isobath does not coincide with the limits of the shelf, The wholeof the
PelagianBasin is part of the shelf and Iobeoconfusedwilh the 200
metre isobath.

SECïION 2-Ceologic andTectonicSetting
A -GEOL~GIS CETTING

Except forthe Atlas mountain areas, north Africa was already largely
consolidated beforethe Carnbrian time. Accordingly, Libyaawhole
and southeastern Tunisiaare situated on the northern part of the African
shelfand are part ofa cratonic basinonthe northern fringesofthe African
shield,whilenorthern andcentral Tunisia istypifiedbyAlpinefoldingand
geoiogicallyrepresents a cornpletelydifferent area.
The study area represented by the offshorearea of the Pelagian Basin
parallel to the African coast in the offshoreregionof northwestern Libya
and southeastern Tunisia (Plate 6 and Figure5),and the adjacent
@ onshorearea (Figure6) aa wholeisgeologically largelyof the Mesozoic
and Cenozoic ages.

The pertinent geology of theshore area (northwestern Libya and
@ southeastern Tunisia: see Figure 6), adjacent to the Pelagian Basin,has
been described.comprehensivelyby many previous inyestigators in the
region. Detailed description of the geofothis area is not within the
scope of this report. In brief, however, the area as known from
drillingto date is coveredby rocksranging inage fromthe Mesozoicto the
Recent. Mesozoicrocks were depositedin the main troughlanking the
African shield,forminga continuoussectionextending without any inter-
ruption from Libya to Tunisia. They are represented by the Nafusa
Group and Mizda Formation in Libya and by Zebbag, Aleg and Aboid
Formations in Tunisia.
Thissectioncan stillbeextended northward intothe offshorearea of the
@ @ Pelagian Basin (Ploies md 2). [91 . ANNEX Il TO MEMORIAL 561

As far as the Cenozoicsection isconcerned, the area (as we shall çee),
especially the offshorejs similar to the Sirt Basin in many respects.
Stratigraphie columns for the different rock formations in Libya are
shown irFigures 7 to JO.

(ii)Geology ofthe Pelagian Basin
The offshorearea as knownthrough drilling to date iscoveredby rocks
ranging in age frorn Mesozoicto Recent.
As far as our present state of knowledge goes, no rocks older than
Jurassic are expected to bewithin reasonable drilling depth in the offshore
area. However,a rather complete section of Paleozoierocks (Figure 7)
has been encountered in onshore wells, located south of the rift valley

(Gafsa-Jeffara fault), which forrns the southern limit of the Pelagian
Basin.
After the Permian and some time during the Triassicor Jurassic Peri-
ocis, the Pelagian Basin became submerged under shallow seas which
covered mostof the Basin and other central Mediterranean areas. The
rocksthat were depositedduring that time interval are sirnilar to those of
the subSahara section illustrated iFigure 8.

@@ Plates 1 and 2 show that most of this shallow marine sequence
extendingfrom the Saharan Platform to the Pelagian Basinconsistsof the
sandstonesof Bir ElJaja and Ouled Chebbi Formations,the red beds and
shalesof Ras Hamia, Azizia Carbonates, Bu Sceba sandstones, BuGhei-
lan dolomites and Bir El Ghnem evaporites. Rocks of this interval in
southern Tunisia, northwestern Libya and the Pelagian Basin al1 show
shallowmarineconditionswhiledeepeningof the seasoccurred toward the
northwest from these areas.
Al1these rocks mentionedabovepredate the formation of the Pelagian
Basin. This Basinwasformed as a result offaultingeventstaking placein
Mid-Cretaceous time. As a result of these tectonic activities, deep
troughs were formedextending from theSirt Basininthe southeast tu the
- Pelagian Basininthe northwest. Thesetroughs weregradually filledwith

sediments during the Late Cretaceous and Tertiary times.
Eustatic and possiblytectonic events are thought to be responsible for
several important gaps in the rock record as wellas for several periodsof
major sediment accumulation in the Pelagian Basin.
In the Pelagian Basin there are certain high platforms such as the Isis
Cretaceous Platform along the margins of lowareas within the Basinand
covered bysediments ranginginage fromCenomanian toOligocene. The

low areas received more recent sedimentary deposits in Miocene and
Recent times.562 CONTINENTAL SHELF [Io]

According to Ziegler (1978). the stratigraphic succession in the Pela-
gian Basincan be subdivided into two fundamentally different sequences:

1. Upper Cretac~ous ro Lower Eocene (Figure 9)
Cenomanian to Santonian

Companian to Maastrichtian
Paleocene to Ypresian

2. Middle Eocene ro Recent (Figure IO)
Middle-Upper Eocene
Oligocene

Miocene
Post-Messinian to Recent

In the followingtext and data control (illustrated on Figures9undIO),
one seesthe correlation between the onshore and offshorefacies (rock
types) distribution. Thisdistribution showsclearly that the offshorearea
is correlative with the sub-Sahara and the Jefïara section during the
Mesozoic, and with the Sirt Basinsince the formation of the Pelagian
Basin in Late Cretaceous ro Cenozoic tirnes. This correlation with sub-
Sahara and Sirt Basin is discussed for each time inierval. The reader is
referred to Figure II for the location of the wells mentioned in the text.

Upper Cretaceousto lower Eocene (Figure9)

Rocks of Cenomanian age equivalent to the Nafusa Group in Jabal
Nafusa and to the Bahi Sandstone and Lidam carbonates in the Sir1Basin
were found 10forrnthe reservoir racks of the Isisoil fieldand the Elyssa-1
gas well,both offshore. The reservoir is a reefal (or carbonate) develop-
ment in a marl-limestone dolomite section. These facies are found in
equivalent rocks in both the Sirt Basin and Jabal Nafusa. In Jabal
Nafusa, the Nafusa Group consists of Ain Tobi Limestone which contains
reefal beds and dolomites, Yifran marl, and Gharian dolomite, which isa
reservoir rock in the Al-Hamada Basin (sub-Sahara). In the Sirt Basin,
reefal beds form oil fields in the Bahi area, and Lidam dolomite is also
found as a reservoir rack.

The porous limestonein whichgas wasdiscoveredin WellsMiskar 1and
2 offshore is equivalent to the Tigrinna Formation which overlies the
Nafusa Group in Jabal Nafusa. The Tigrinna Formation ranges in age
from Turonian to Santonian. In theSirt Basin, theMiskar reservoir rock
is equivalent to theEtcl Formation of Rakb Group. Itis composed of
evaporites,siltyshates and local developmentofdolomites and lirnestones.
The thickshale section found in WeII A 1-137forms a source rock for a
lot of reservoirs in the offshore block. This shale can be adequately
correlated with the Hagfa shale and Khalifa shale in the Sirt Basin.
Carbonate development within these shales are thicker and more pro-

nounced in the Sirt Basin, whcre they forrn reservoir rocks (i.e. Beda, 1111 ANNEX II TOMEMORIAL 563

Dahra, and Zilten carbonates).These rocks range in age from Maas-
trichian to Paleoceneand are equivalent to Zrnarn and Shurfah Forma-
tions in the HamadaBasin (in Libya).

The porous Nummulitic facies of Early Eocene age which forms the
reservoir formost of the oil discovered offshoreis found in oil wellçAl-
137, Bla-137, the Ashtart oil field, and the Didon-1 al1 in the Gabes-
Sabratha Basin.
These Numrnulitic faciesare equivalent to the Gialo and Mesdar For-
mation in the Sirt Basin. These porous Nummulitic carbonates are con-
sidered principal reservoirrock for most areas in the Sirt Basin as well.

Middl e oceneto Holocene (Recenr) (Figure IO]
Middle Eoceneto Upper Eocene rocksare represented by a sequenceof
shales and limestonesencountered in -137in the offshorearea. These
rocks thin out gradually eastward from Al-137 and are absent in the
Jarrafa-1 well to the northeast, due to unconformity (removai by erosion
during an interval of geologic time). These rocks are equivalent to the
Augila Formation and the Augila shale member in the Sirtin.

Unconformabiy overlying the Augila Formation in the off-shorearea
are the Arida and Diba Formationsof Oligoceneage. The Arida Forma-
tion consists of limestone which grades westward to sandstone in the
offshorearea. Sandstones of Oligoceneage are penetrated by the Bla-
137 well. Similarly, glauconitic sandstonesand shales are found in the
Sirt Basin forming reservoirrock in some areas. The Diba Formation
consists of alternating thin shales and sandstone units with few sandy
limestone beds.This Formation gradesupward into the Marada Forma-
@@ tion of the Miocene age (Plote1and 2).

The upper Miocene and Pliocene rocks are represented by a thick
section of highly varied lithologies. These rocks are restricted to the
Gabes-Sabratha Basin and the Sirt Basin. They are equivalent to the
Marada Formation of the Najah Group in the Sirt Basin and to the
carbonates andmarls of the Al-Khums Formation in Jabal-Al-Khums,
and eastern Jefiara Plain of northwestern Libya.
Sands and claysofPleistoceneage unconformably overlieolder rocks.
These are equivalent to the Cardium beds in the Sirt Basin and to the
Gargaresh Formation in northwestem Libya.

In brief it rnay be concluded that the Cenozoic rocks (from Lower
Eocene to Recent) in the offshore area ainmany respectssimilar to
those of the Sirt Basinin the main landmassof Libya as indicated by the
facies correlation map fora selecied Cenozoicintewal of time (Plate 3). 564 CONTINENTALSHELF 112)

(iii)GeologicHisfory

The histary of the area as a wholeseemsto pre-date the TriassicPeriod.
Rocksof Permo-Triassicage were recordedin drill holesunconformably
overlyingPrecambrian basement rocks. In the Middle and Upper Car-
boniferous, northwestern Libyaand southeastern Tunisia were uplifted
and strongly eroded, reflectingthe beginningof the Hercynian orogeny.
As a consequence of this orogeny, Upper Carboniferous and Permain
marine sedirnentsare found only in the extreme northern part of Libya
and southeastern Tunisia. A partially faulted hingeline (the Jeffaran
Arch) that marks the iimit of the uplift, separating the eroded Saharan
platform to thesouth and the subsided basin to the north is shown in
@ Figure 6. As was stated earlier, this partially faulted hingeline, the
Gafsa-Jefiara Fault Line (Plate S),marks the southern limits of the
PelagianBasin.

Duringthe Mesozoicand Cenozoiceras, the general frameworkwasthe
same :marine transgressions nnlappedsoutheastern Tunisiaand north-
western Libya irregularly.Duringthe Triassic and Jurassic period there
wasdeposition restricted to shallowmarinesediments,tipliftingduring the
LowerCretaceoustime causing localerosionto Jurassicbedsand displace-
@ ment alongtheJeffara arch(Figure 6)repeated transgression cycleduring
the Late Cretaceous, followed by local regression during the Eocene;
down-warpinginOligoceneand Miocene followedbyfaulting,folding and
intense erosion that formed thepresent relief.

(iv)Paleogeography

The general shoreline orientation and land-sea relationships are dis-
cussed in a number of articIby Bismuth etal.,(1967), Desio (1968),
Bishop(1975) and Ziegler (1978). Thesepaleogeographicsketchesand
mapssuggestthat the general orientationof the shorelinewasforthe most
part directed east-west with differentfacies in a north-south direction.

This fact is moreapparent during the Mesozoic timeafter the collapse
of the Pelagian Basin which remained as a positivearea, in other words,
abovesea-level,throughout Paleozoictime. The post-Hercynian erosion
has rnodifiethe land south of the Pelagian Basin in a pattern parallel to
the Gharian high, which is oriented in an east-west direction.

Throughout Mesozoictime, areas in northwestetn Libya werecovered
with shallow water while the facies indicate deeper water toward the
north-west in Tunisia witorientationof the shorelines in aENE and
WSW direction.

Plore4 showsthe land-sea relationship and shoreline directions in the
Pelagian Basinduring the closeof the Mesozoicand mostof the Cenozoic
eras. These lines, as constructed from the papers mentioned above,are
oriented in WNW-ESE direction throughout Cenozoictime. The lines
plunge southwards towards the Sirt Basin east of Misratah and parallelIl31 ANNEX II TO MEMOLML 565

the present limitsofthe Sirt Basin. The maximuminvasionof the seawas
during the Early Eocene, when the shoreline reached thefoothillsof the
Tibesti mountains in southern Libya.
Theselinesturn back ina north-east direction around the eastern rimof
the Sirt Basin and they are oriented ageneral east-westdirection, past
the SirtBasin towards Egypt.

B -TECTONS ~CTTING
(i) General TeclonicSetting

Tunisia comprises twomajor tectonic or structural units or domains.
To the north it belongsto the Alpine domain, where the Tunisian Atlas
folded belttakes up the wholeof the north and central parts. This belt
an integral part of the rnountainchain extending from Algeria, northern
and Central Tunisia, across the Mediterranean to Italy and beyond. It is
characterized by a well-definedNE-SW tectonic trend.
To the south, this belt is limitedby the Saharan flexure (the Gafsa-
Jeffara Fault; Plate 5) beyond whichstretches southernTunisiatobecome
part ofthe.stable Saharan Platform domain.

The regionon a line from Gabes to Tunis, east of the north-south axis
(Plate 5) forms the coastal plain which is part of the Pelagian Basin.
This north-south axis as shownin Plate 5 marks the divisionbetweenthe
stable African Platform and the active Atlas folded belt,with their quite
different tectonic characteristics.
Libya as a whole is situated on the Mediterranean foreland of the
AfricanShield,and extends over a PlatformofCratonic basinsbelonging
to the stable Saharan Platform domain. Although there are fewfaults in
other directions, the dominant tectonic trendslate 5) are the NW-SE
main trends of the Sirt Basin rift systernand the W-NW-E-SE tectonic
trend of the Jeffara coastal plain orin, which isgenetically related to
the first main tectonic trend of the Sirt rift system.

The Sirt Basinis tectonicallya NW elongated basinin whichthe major
structural features trendNW-SE cornprising one of the main tectonic
trends in north Central Africa, the other one being tNE-SW tectonic
trend characterizing the Atlas folded belt region in northen and central
Tunisia (Plare 5).
The Jeffara Basinislocated in northwestern Libya, sloping towardsthe
north and is part of the Pelagian Basin. It extendswestwardinto Tunisia
tojoin the coastal plain easof the N-S axis.
TecionicFramework of the Pelagian Basin
(ii)
(a) Major structuralfeaiures
The major structural featurescharacterizingthe PelagianBasin(shown
in Figur el) are in clockwiseorder frorn the north as follows:566 CONTINENTAL SHELF

lbleo platform

Medina bank (JeRara-Maita Uplift)

Gabes-Sabratha Basin (Tripolitania Basin)
Kerkennah high

The Pantelleria rift zone

They form alternating areas of shallow basins,located ovcr fundamen-
ta1zonesof weakness whichare marked by faulting, and high platforms.
These basins and platforms are al1underlain by cratonic or continental
crust and are closely associated with the major structural features of the
African Continent.

Geologicallyspeaking,they al1continue onshoreinthe form ofsedimen-
tary basins and arches, mainly the Sirt Basin, the Yifran-Gharyan high,
and the Zuwarah uplift.

(6) TectonicTrends
Most of the existing structural trends in the arearethe result of post-
Alpine movements, which took place from the Middle Tertiary to the
present time. These trends have been described by previous investigators

such as Burollet ( 1967), Mazzone (i976). Fischer (1976), Ziegler
(1978), Mazzone el al., (1978), and Burollet et al.. (1978). Their
studies lead to the recognition of three different tectonic trends, each one
ofthem having played a part inthe developmentofthe area at the diffèrent
stages of itsstructural evolution.
According to Mazzone et al., 1978), these trends (shown in Figure
12) are as follows:[151 ANNEX II TO MEMORIAL 567

(i) The firstand main trend isdevelopedinthe Sirt rift systemthe
direction of whichisNW - SE. It is marked by a rigid faublock
pattern, probably due to deep-seated rifting. It was believedthat
such a trend was already evident in the Early Mezozoic, and was
rejuvenated during Tertiary times (Early and Latest Eocene t,e
MiddleMioceneand Plio-Quaternary). Thistrend orsysterndivides
the substratum into horsts angrabens,identical to those of theSirt
basin,demonstrating that the Sirt Basinand the Pelagian Basinform
part of a single physiographic unitwith similar tectonic trends. The
outlinesof thissingle unitcan beseentocoincidewiththe shorelineof
the Early Eocene epoch(see Plate 4). Thus, there can be no doubt
that the whole area was once under water, and that althoughthe
çhoreline has undergone changes, it retains its essential geologic
unity.
(ii) The second tectonic trend is developed ina WNW-ESE
direction. It appears to be genetically related to the first main tec-
tonictrend sinceit isconjugate withit, as isevident fromthe WN-
ESE direction. It has been active since Late Jurassic time,it is
identical to the trend of the Jefïara Coastal plain in northwestern
Libya.

(iiiT )he third tectonic trend isdeveloped alanW-WSW to an
E -ENE direction and isexpressedbya seriesof Upper Triassic salt
walls or elongated domes.
Accordingta Mazzone et al., (1978), the salt activity appears to have
had its main pulsation during the Aptian-Albian time, at the end of the
Cretaceous/Paleocene, and during the Middle and Late Eocene epoch.

These tectonic trends make up or are associated withthe major struc-
tural features characterizing the area. Here it should again be empha-
sizedthat tothe Westof the limitsof Pelagian Basin (the north-south axis
running north from Gabes) the tectonic trends becomeverydifferent and
reflect what is geologicallya diflerent area.
SECI'ION 3 - Physiographyand Bathymetry

The Pelagian Basin which parallels the African Coastin the offshoreof
northwestern Libyaand southeastern Tunisiaformsa veryparticular area
of the Mediterranean. Asopposedto the other area inthe Mediterranean
basin, the shelf here is very wide forming a shallow Pelagian platforrn
which deepens progressivelytowards the southeast,
Indescribingthe physiographyof the area Burolleteal.,('1978)stated
that:

"East of Tunisiaand northof Tripolitania, the Pelagianplatform and
the southern part of the IoniSea form a veryparticular area of the
Mediterranean. As opposed 10the olher Mediterranean basins, the
continental shelf hereisverywideand the continental slope descends568 CONTINENTAL SHELF FI61

gradually away frorn the Libyan coast to a depth of 400m. .. the
Pelagian platform is shallow,but deepens progressively towardthe
southeast, the bathymetric lines 400 mi 600 m and even 800 m
indicating a wideuncomplicatedfurrow whichjoins the gulf of Sidra
(Sirt) in the east to the Gabes and chotts troughs in the west.
Betweenthe Pelagian Islands,Malta and Sicily the platform is bro-
ken by agraben, the throw of which couldbe greater than 100 m."

Asdescribed previously,to the south, the area isborderedby the Gafsa-
Jefïara Fault, which runsfrom the edge of the Gulf of Sirt as far as the
longitudeof Gafsa (Plate 5). On its eastern margin it is borderedbythe
vast faultzone(Misratah- Maltaescarpment)whichisconnectedto that of
the eastcoast of Sicily.As this zone progresses towards the south, its
significance weakensso that it does not in fact interrupt the gradua1
transition betweentheGabesand Sirt Basins,thesebeing clearly linked by
the tectonic trends.To the north itforms a steep dope resultingin the
easternly deepening of the Ionian Basin.
As for the western border,the area is marked by a major north-south
fault line. This fault line marks the limits betweenthe stable African
PIatformto theeastand the activeAtlas foldbelt to thewestaswellasthe
limitsbetweenthe two major tectonictrends characterizing north central
Africa. These are the Sirt rift system trend running NW-SE and the
Atlas fold belt trend running NE-SW.

Bathymetricallyspeaking,the area (Plate 6) can bedividedinto three
zonesal1of whichare closelyassociatedwith major structural features of
the African Continent (Tellian and Atlasic directions).

The first zoneand the largest of the three cornparativelyasflat zone
with clear impressionof alternating widefurrows and ridgesrunnjng in a
NW-SE direction as indicated by the bathymetric lines (Plaie 6). This
zone isboundedapproximatelyby the Libyanand Tunisianshorelinesand
bylatitude 35" 30'N and longitude13"30' E, forminga central terrace of
about 49,500squarekilometreswitha water depth of lessthan 200 metres.
The slopeof this zoneisabout 0.1 per cent. mean downto a depth of 100
metresand .O7per cent. from 100 to 200 metres (Sogreah Report, 1976).

The second zone. east of longitude 13" 30'E (east ofTripoli zone)
forms, onthe one hand, "the Tripolitanian precontinent" whichjoins the
Libyan landrnass to the Malta and Medina banksby a bridge varyingin
depth frorn 200 to 500 metres and, on the other hand, forrnsthe margin
whichplunges east of Al Khums to the depihof the Ionian Basin. Chis
zone is a fairly even zone at a depth always greater than 200 rnetres.
However,ifcompared withthe first zone,itisrather rugged, reflectingina
more pronounced way the physiographic features of the Sirt Basin. It
dropsdownto deeperwaters offtheStraitof Sicily (Malta trench) and off
the Ionian Sea through a seriesof stepsbroken upby grabens. The main
general direction taken by these faults and flexuisNW-SE, parallel to[17-181 ANNEX 11TO MEMORIAL 569

the structures in southern Tunisia and northwest of Libya (Tellian chains,
Jeffara structures), This explains the rift valley Gafsa-Jeffara fault
which runs from the edge of the Gulf of Sirt as far as the longtitude of
Gafsa (Plai5e ). This rift valleyhas been viewedas forming the southern
limits of thearea.

A secondary direction is also taken by these faults and flexures. This
direction is parallel to the major JefTara-Malta and Tunisian Atlas struc-
tures. This accounts for the NNE-SSW uplift between Tripoli and Al
Khums (Plate 5) which correspondsto the high Jeffara-Malta axis, which
constitutes an offshore extension of the Gharian uplift.
The third zone iswithin theGulfof Hammamet to the north and Westof
the Kerkennah Islands. It consistsof an underwater basin of particularly
rugged relief which is connected to the Pantelleria and Linosa trenches.

The forrn of the isobaths in this zoneseems to indicate the existence of
an extension of subterraneanTunisian Adas structures,runningroughly
NN E-SS W.
Turning to the geomorphology, it is evident that the topography of the
area is closelyconnected to the existing tectonic trends of the Sirt Basin
(Figure13). Throughout the Sirt rift system the tectonic trends run in a
NW-SE direction as horslsand grabenscontinuing right through intothe

Gabes - Sabratha Basin in the offshore area (Plate 5).
These horsrsand grabenshave created alternating high and lowareas,
running parallel and subparallel to each other and to the Libyan Coastas
well as to the step faulting pattern of the Jeffara Plaiinnorthwestern
Libya.
During the Post-Miocene and Pteistocene times. the entire Pelagian

Basin was subjected to subaerial erosion and the series of ridges and
valleyscteated bythe tectonic trend ofthe Sirt Basibecame sculptured ro
give the present geornorphological pattern of well defined parallel ridges
and valleysand. because the whale area was tilted downwards towards the
east, the water depth was shallow in the Westwhere erosion was more
intensive.
In brief we may conclude that the present rnarphologyof the offshore
area owes its origin toplifting and to the creation of the Sirt Basin rift
system of horsrsand grabenstrending NW-SE. This rift system. created
by tectonic trends, continues right through to the Pelagian Basin. The
horsts and grabens - ridges and valleys -running parallel towards the
northwestwere subjectedto subaerinl erosionby windand rain during post-
Miocene and Pleistocene times. Later, when the Pelagian Basin was
inundated, these same ridges and valleysbecame the bathyrnetric pattern
of the area. The bathymetry reflects and is the product of the tectonic
trends of the Sirt rift system. However, the area rernains essentially a
geologic unity. andthe Pelagian Basin forms a single, uniform shelf area,
stratigraphically, physiographically, geomorphologicallyand structurally.570 CONTINENTAL SHELF [191

CHAPTERII1

CONCLUSIONS

The data presentlyavailableto usleadsto the conclusionthat Libyaasa
whole,and southeastern Tunisiaas wellas the offshorearea of northwest-
ern Libyaand southeasternTunisia (commonlydescribed asthe Pelagian
Basin), are a singlecratonicor continentalbason the northern fringesof
the African shield. This is notonlytrue accordingto presentday geogra-
phy but has persisted throughout geologic time as is evident from the
existenceof several geologicaltycommon features of different ages.

Bathymetrically speaking,the offshorearea can be divided into three
zones al1of whichare closely associated withmajor structural features of
the African Coniinent.

The first zone,and the largest of the three, is a rather flatcentral zone.
Approximately,it isboundedby latitude 35" 30'Nand longitude 13" 30'E
forming a central terrace of about 49,500 square kilometres.'

Theother twozonesare morebrokeiior deeperthan the first,asthe case
maybe. The morenorthern ofthe two isthe Gulf of Hammamet, consist-
ing of anunderwater basin of rugged relief, connected 10the Pantelleria
and Linosatrenches.Theother zoneiseast oflongtitude 13" 301E ,heeast
of Tripoli zone. This zone,though nowsubmerged,was oncepart of the
Tripotitanian landmass,and still providesa link betweenthe Libyan land-
massand Malta via the Malta and Medina banks, which form a bridgeor
"sill" running northwardsat an averagedepth of about 200 metres. The
east of Tripoli zone terminates in the east with the Misratah-Malta
escarpment which plungeseast of AlKhums to the depths of the Ionian
basin. The east of Tripoli zone is fairly even at a depth of between 200

and 500 metres.
Al1 three zones form a single uniform shelf - physiographically,

geomorphologically,structurally and stratigraphically- between Libya
and Tunisia, extendingfrom Cape Misratah westward to approximately
RasAtib (Cape Bon). Thisshelf isa natural prolongationnorthwards of
the African Continent and therefore of Libya and the southeastern Tuni-
sian landmass.

The Pelagian Basinis a cohesiveblockand onlymoderatelyaffectedby
young tectonisrnexcept for the NW-SE djrected Sirt rift systernwhichis
the dominant tectonic trend in the offshoreea. The other two tectmic
trends afiecting the offshorearea are developediW-NW--E-SE and W-
WSW--E-ENE directions. The first appears to be related to and caused
by the dominant tectonic trend of the Sirt rift system, while the latter is
related tothe presenceofthe saltallsor the elongateddomesin the area.

'HcrctheslopeiaboutO.1percenmcan downto adcptoflûû m and0.7percent.from
100to200 m.Pol ANNEX II TO MEMORIAL 571

Besidesthese tectonic trends, the area is also characterized by several
major structural features, namely the Ibleo Platform, the Medina Banks
(Jeffara-Malta Uplift), the Tripolitania Basin, the Kerkennah High and
the Pantelleria Rift Zone.

Geologicallyspeaking,both the tectonic trendsand the majorstructural
featuresfound onshore in Libyacontinue offshore.The onshore sedimen-
tary basins and arches such as the Sirt-Basin,Yifran-Gharyan high, and
Zuwarah uplifts areessentiallythe same features are found offshorein
the Gabes-Sabratha Basin and the Medina Banks.
The islands oKerkennah form an integral part of the Pelagian Plat-
form, being builup during Mesozoicand Cenozoictimes by the accumu-
lation of sediments in cratonic basins formingon the continental soflf
the African Continent. A thick sequence of Mesozoic rocks and over
2500 kilometresof Ceonzoic rocks weredepositedin a NE-SW elongated
hasin which coincides withthe presentday elongation of the Kerkennah
Islands.

During the Quarernary stage (about 1 million years ago), due to
eustatic sea levelchanges, the Mediterranean Sea retreated severaltirnes.
As a result, almostthe entire shelfarea downto an actual water depth of
120to 140rnetres becamedryland, and exposedthe seabeddowntoabout
200 metres belowthe wesent sea levelto waveand currentactions. The
Quaternary sea levelChangesare mainly responsiblefor the morphology
(or bathymetry) of the shelfarea and the configurationof the continental572 CONTINENTAL SHELF

BIBLIOGRAPHY
A.S.A. and UNESCO (1958)

International TectonicMap of Africu 1:5000.0000

Aquitaine (1975)
Geology of northern Tripolitania and adjacent areas onshore and
ofshore.
Open file report 34 pages

Bishop, W.F. (1975)
Geologyof Tunisia and adjacentparts of Algeria and Libya. The
AmericanAssociationofPetroleum GeologistsBulletin.
Vol. 59 NO. 3, pp. 413-450

Biju-Duval, B., Dercourt, J., LedPichon, X. (1976)
Fromfhe Tethys Ocean to ihe Mediterraneanseas:
A plate Tectonic Mode1 of the Evolution of the Western Alpine
System
In: International Symposium ofthe Structural Histoof the Medi-
terranean BasinSPLIT (Yugoslavia) 25-29 October 1976 B. Biju-
Duval and L.Montadert Eds.,Editions Technip, Paris (1977) pp.
143-164

Biju-Duval, B., Letquzey,J., Montadert, L., Courrier, P.,
Mugniot, J.F. and Sancho, J. (1974)
Geologyofthe MediterraneanSea Basins
In: Geologyof ContinentalMargins
BurkC.A. and Drake C.L.Eds.
New York, Heidelberg,Berlin,
Springer Verlag,pp. 685-721

Biju-Duval, B.,Montadert, L. (1976)

Introduction tothesrructural history of theMediterraneanbasins
In: International Symposiumof the Structural History of the Medi-
terranean BasinSPLIT (Yugoslavia) 25-29October 1976 B. Biju-
Duvaland L. Montadert Eds.
Technip Paris(1977) pp. 1-22
Bismuth, H., Bonfous,J., andDu Faure, Ph. (I967), Mèsozoic
Microfociesof Tunisia

In:Guidebookof the GeologyandHisroryof Tunisia
Martin (editor)
PESL 9th fieldconference
Bundesanstalt fur Bodenforschungand UNESCO (1971)

International Geoiogical Map of Europe and the Mediterranean
Region 1:5000.0000[221 ANNEX II TO MEMORIAL

Burollet, P.F. (1967)

GeneralGeologyof Tunisia O
In: Guidebook rothe Geologyand History of Tunisia.
Ninth Annual Field Conference Petroleum Exploration Society of
Libya,
pp. 51-58

Burollet, P.F., Mugniot, J.M., Sweeney, P. (1978)
The Geology oJ the Pelagian Block, the Margins and Basins oJ
Southern Tunisiaand Tripolirania
In: The Ocean Basins and Margins: The Western Mediterranean
Vol.4B, pp. 331.-359

Byramjee, R.S.,Mugniot, J.R. and B. Biju-Duval (1977)

Petroleum Potenrial of deep water urea of the Mediterranean and
CaribbeanSea
PD5 (3A) Compagne FrançaisedesPetroles and Institut Françaisdu
Petrole

Carter, T.G., Flanagan, J.P., Jones, C.R., Marchant, F.L., Murchison,
R.R., Rebman, J.H., Sylvester,J.C.and Whitner, J.C. (1971)

A New BarhyrnetricChart and Physiographyof rhe Mediterraneon
Sea
In: Stanley,D.J.Ed. Symposiumonthe Mediterranean Sea
Dowden, Huchison and Russ Inc. pp. 1-23
Conant, L.C. and Goudarzi, G.H. (1977)

2nd Edition;Geologic Maps oj Libyo
Published by the industrial Research Center, Tripoli
Desio, A. (1968)

Geology und Archeology of IV. Cyrenaica

F.T.Bar (Editor)
P.E.S.L. 10th Ann. Field Conf., pp. 19-115
Finetti, 1.and NorelliC. ( 1972)

RegionalReflectionSeismic Exploration of the
Slrnit ofSicily
In: Oceanogmphyof theStrait of Sicily
Proceedingsof aconferenceheldat Saclantcen
Proceeding No. 7, pp. 208-223

Fischer, J. (1976)

Geologyof iheGabesBasin
Mobil Oil Open File Report 24 pages574 CONTINENTALSWELF

Goudarzi, G.H. (1970)

Geologyand Mineral Resourcesof Libya.
A ~ec&naissance
U.S. Geol. Survey ProfessionalPaper660, 104 pages

Goudarzi, G.H. and Smith, J.P.(1977)
Preliminarystructure contourmnp of
LibyanArab Republic andadjacent areas
pubiished by theU.S.G. S.ashington,D. C.

Goudarzi, G.H. ( 1979)

Structure Libya "Abstrac"
ln: ThesecondsymposiumontheGeologyofLibya,
September 1978,Universityof Al-Fateh, Tripoli, Libya

Green, A.R. and Phifer,J.E.( 1977)
Regional Geologyof thePelagianBasin (offshoreLibya)
TechnicalService Report
Exxon Production ResearchCo. 15 pages

Heezan and Thorpe (1970)

PhysiographicDiagramofthe Mediterranean.
Published by Lamont-Doherty GeologicalObservatory

Hsü, K. (1978)
" TectonicEvoiution orheMediterraneanBasins"
In: TheOceanBasinsand Margins: The Western
Mediterranean Vol.4B pp.29-75

I.F.P.- C.N.E.X. (1.74)

CarteGeologiqueetS~ruciuraledes Bassins Tertiaires
du DomaineMediterranée
Echelle 1:25000.000 Technip, Paris
Mazzone, G. ( 1976)

The Paleogeneof Tripoliiania
Agip Open File Report 7 pages

Mazzone, G. and Mazzola, G. (1978)
Pnleo-GeogrophicEvolurionand Targe fEvaluation
Agip Status Report7 pages

Mikbel.S.R. (1977)

Basement ConfiguralionandStructure oJ WestLibya
Libyan Journal of Scienc7A, pp. 19-34[24] ANNEX II IO MEMORIAL 575

Mikbel,S.R. (1979)
Structural andConfigurationMap of theBasementof
East andCentral Libya
In:N. Jb.Geol.PalaontABH. 158No. 2
Stuttgartpp. 209-220

Ryan, W.B.F.,Stanley, D.J., Hersey,J.B.,Fahlquist,D.A.
andAllan, J.D. (1971)

TheTectonicsandGeologyof theMediterraneanSea
In:The Sea ed.byA.E.Maxwell
Wiley-Interscience,Vol.IV (II) pp. 387-497
SogreahConsultingEngineers( 1975)

TrawlFishingGroundSurvey offthe TripolituniaCoasr
Ministryof Food andMarineWealth,
GeneralDepartmentof MarineWealth,
SocialistPeople'sLibian ArabJamahiriya
Sylvester-Bradly, P.C. (1968)

Tethys:TheLos: Ocean
ScienceJournal Vol4 . No. 9, pp47-53

Ziegler,W.H. (1978)
RegionalGeologyof the WesternOfshore of Libya
ESSO-LibyaOpenFile Reportp. 17 The publications or the 1NTERNATIONAL COURT OF IUSTICE niay beordcrcd
from any bookseller. For information regarding the sal,+fthe Court's publicaiions
plcasc writeio ihc Dirlrihuiion und Sules Sectioii. 0fci/he United .Vu~io,i1111
Ge1iei.uIO(Sh~ir:erlund),or the Sules Spcrion. Urrrrd Sutioii.~.Xe*. I.Y1.I[N)7
(USA).
The publications of thPERM AN ENT COURTOF INTERNATIONAL JUSTICE
(1920-1946) are obtainable from Kraus Reprint CO.. Kraus-Thomson Organimiion
Limited. Route Iûû. Millwood. NY 10546 (USA). 10 which al1 requests should be
addressed.

On peut acquérirles publicaiions de la COUR INTERNATIONALE DE JUSTICE
iiuprksdes librairies spécialisies du monde entier. PIOU~ rcnscigncnicni!.. prikrc
dc s'adresserà la Sectioti de kudirrrihutiPIdes iariic*. fir'dïs ,Vuriutis Lrtiicic.
1211 Gen6i.e10 (Suint-) ou a la Sec.riotidesi., 'uiio~isUt~l.ïrr1'(1rk.,1.1001i
(Fmrs-U~iic).

On peut ac ubrir les publications dIü COUR PERMANENTE DE JUSTICE
INTERNATISNACE (I92û-1916) auprh de Kravs Reprint Ca. Krrur-Thomson
Organization Limired. Route 100. Millwood.NY 10546(Etats-Unis). Pour tous'ren-
seignements, prière de s'adresser h cette société.

PRINTED IN THE NETHERLANDS