Declaration of Judge ad hoc Al-Khasawneh
DECLARATION OF JUDGE AD HOC AL-KHASAWNEH
Discretion left to judges in delimitation of EEZ/continental shelf Court should assess
equity of delimitation holistically Court should not limit itself to assessing gross
disproportionality at third step of delimitation.
Maritime delimitation is, of necessity, a compromise between the need for certainty and
predictability of the law on the one hand and, on the other, the need to take cognizance of the
realities of geography which are never the same in different cases.