Memorial of the Libyan Arab Jamahiriya

MEMORIAL
OFTHE LIBYANARABJAMAHIRIYA

MEMOIRE
DE LAJAMAHIRIYAARABELIBYENNE VOLUME 1

INTRODUCTION

1. This Memorial is fiIedin accordance with the Order made by the
Vice-Presidentof the Court in the present case on 27 July 1982 fixing26
April 1983 as the the-limit for the filingof Mernorials by the Socialist
People'sLibyan Arab Jamahiriya (hereinafter referred to as "Libya"')

and the Republic of Malta (hereinafter referred to as "Malta"). The
Order wasmade havingregard to Article 40and Article 48of the Statute
of the Court and to Article 13,paragraph 3, Article 44, and Article 46 of
the Rules of Court, and taking into account the Special Agreement
betweenLibya and MaIta signedat Vallettaon 23 May 1976bywhichthe

Parties agreedto haverecoursetothe Court concerningthe questionofthe
delimitation of the areas of continental shelf appertaining to each of the
two States.

2. The Special Agreement was signedon 23 May 1976'and Instru-
mentsof Ratification wereexchangedin Valletta on 20 March 1982'. In
accordance with Article IVof the Special Agreement,it wasjointly noti-
fiedto the Court on 26 July 1982 by letter dated 19July 1982from the
Secretary of the People'sCommittee of The Popular Bureaufor Foreign

Liaison of Libya and the Minister of Foreign Afïairs of Malta'. The
notification was filed in the Registry of the Court on the same day.

3. The joint letter of notification transmitted a certified copyof the
SpecialAgreement in both the Arabic and Englishlanguages. Under the
terms of the Special Agreement,the Arabic and Englishtexts are equally
authentic.

4. The English text of the Special Agreement reads as follows5:

'The ttrm "Libya" refersto the Statc of Libya and itspoliticalinstitutions,whaievtr thcir
form at thc relevant time and, as mayfromthe contcxt, also to the territory which
nowbclongsta the SocialistPcoplc'sLibyanArab Jarnahiriya. It should alsobenotcdthat
the "Libyan Arab Republas"rcfcrrcd totheSpccial Agreement becamc ihc Socialist
People'LibyanArab Jamahiriya on 2 March 1917.
'A copy of cach of theArabic and English tcxts of the Special Agrccrnent is attached as
Annex 1.
'A copy of'thc Instrurncntsof Ratification is attached as Annex2.
'Rcfcrcnccinthis Mcrnorialto the tcxt of the Spccial Agreementare to thc Englishtcxt.20 CONTINENTAL SHELF r2-41

"SPECIAL AGREEMENB TETWEE NHE GOVERNMEN OTF THE
REPUBLI CF MALTA AND THE GOVERNME N TTHE LIBYAN

ARABREPUBLIC FORTHE SUBMISSIO TO THEINTERNATIONAL
COURT OF JUSTIC OEFDIFFERENCE

[Seepp. 5-6, supra]

5. Article1of the Special Agreement definesthe role assignedto the
Court in this case'. It requests the Court to decide:

"What principles and rulofinternational law are applicable to
the delimitation of the ofethe continental shelf whichapper-
tains to the Republic of Malta and areaof continental shelf

which appertains to the Libyan Arab Repub...".
Article 1also requests the Court to d-cide

"..howin practice such principlesand rules can be appliedby the
two Parties in this particular case in order ma'y without
difficultydelimith areas byan agreement asproGdedin Article
III." -.

6. Article11of the Special Agreement deals with the procedural
aspectsof the casein the manner envisionedbyArticle) ofthe Rules
ofCourt. In additionto providing forthe time-limirsfor the simultaneous
subrnissionof written pleadings,ArII(3) states th"..the question

of the ordeofspeaking at the oral hearings shall be decided by mutual
agreement betweenthe Partie..."In this connection,the Maltm in-'
ister of Developmentand the Libyan Minister of State for Revolutionary
Command Council Affairs exchanged letters on 23 May 1976 bywhich
theMaltese Minister of Development indicatedthat at the oral hearings
the representativofthe Republic of Malta would speak first and the

Libyan Ministerof State indicated his acceptances proposal. Cop
ies of these letters are attasAnnex 4.
7. Inaccordance with Article 49of the Rulesof Court, this Mernorial
is divided into the followingparts:

Part 1contains a statement of the facts beginning with a brief
outlineof the historyof LiandMalta and'followedby the general
geographical, geomorphologicaland geologicaling.ofthe dispute.
Against this setting, the historical background to the dispute is then
taken up.

Part 11contains a statement of the law, including an analysis of
the provisions of the Special Agreement.

'Theprovisiof theSpcciAgreementwillbcdiscussChaptcrbelow.[dl MEMORlALOF LlBYA 21

In Part III, the Memorial appliesthe principlesand rulesof
internationallaw discussedin Pari IIto the physicalfactorsand
relevantcircumstancesof thiscase.
Following Part III appear Libya'sSubmissionsto the Court
madeinaccordance with Article49 oftheRulesof Court. PART I

THE FACTUAL BACKGROUND CHAPTER1

LIBYAAND MALTA:HISTORICAL ASPECTS

1101 Libya became an independent State on 24 December 1951and
Malta achievedindependenceon 24 September 1964. Although the his-
tories'ofLibya and Malta may,onlyhave an.indirect bearing at this stage
in the pleadings,a brief lookat the historyof each country up to indepen-

dence as we1l.a~of the subsequent-relationsktween them does providea
useful background to an understanding of the dispute'.
1.02 ' In viewof the long history of each State it is notable that, since

Malta's independence, and particularly since the,early 1970s,Libya and
Malta have enjoyed a closerel;itionshipmarked by manyforms of assis-
tance and cooperation. Libya considersthat this dispute and someof the
friction that has.resu1tedfrom il mu,stbe,viewedin the general contextof

cooperation; assistance and goodwill that has characterised relations
,betweenthe two States.

1.O3 During the Classicaland pre-Classical periods,that isduring.the
time when Greece, Carthage and Rome dominated the Mediterranean
world, the experiences of Liba and Malta were quite similar .in many
respects. However, fromthe middleof the 1ith Century AD, their histo-
ries started to diverge.

1.04. After a periodof Islamicruleand Norman occupation,Malta fell
under Spanish iule - in 1282. Foralmost 250 yearsit wascontrolledby

Viceroysin Sicily who wereappointed by the sovereignsof ~ragon and,
Iàter, of Castile, until charles V came to the Spanish throne. Under the
Aragonese, Malta became an integral elehent in the ~ragonese trading
empire whichstretched from the northern Mediterranean shoresdown to

North Africa. It also became an important corsairing base, acting as a
sort of border defense of Aragon's Sicilian possessionsz.
. 1.05 The Maltese Islands underwent a dram~ic change in domestic

agriculture during this time, turning ftom food productiv to cotton pro-
duction, with mostof the cotton being exported to Sicilyand Aragon. In
return, the Islands became dependent on Sicily foi f,md, a pattern of
dependen~y~thatwas to continue for hundreds of years2. Tripolitania,

dominated by the city ofTripoli, had becomea major outpostof the trans-
'Deiailed accounts can be.found in:
BLOUET B.rian, ThSioryof Malia,.Valletta, Progrcss, 1.81.
WRIGHT, John. Libya. London, Benn,1969.
ABUN-NASR, Jamil M.,A Hisrory the Maghrib.Cambridge, ~ambrid& univer;ity
Press, 191.
GODECHOTJ,acques, His~oirede Malle. Paris. Presses Universitairesde France, 1981.
*BRAUDEL F.rnand, TheMediierrane~nndtheMediterraneanWorldinthe Ageof Philip
II. London, Fontana/Collins. 1972.26 CONnNENTAL SHELF [81

Saharan trade routes that brought goods fromWest and Central Africa
and the Fezzan for trade withthe North African littoral and, via Cyrena-

ica, with Egyptand the Middle East, as well as later on with Europe.

1.O6 At the start of the 16th Century, Spain and Portugal sought to
extend their control overthe Mediterranean and to establishthemselvesin
Africa. In 1510, Spain occupied Tripoli. Meanwhile the Ottoman
Empire expanded westwards into North Africa, appearing in Egypt in
1517. In 1523,theOttomans forcedthe Knightsofthe Order ofSt. John

ofJerusalem outoftheir islandfortressof Rhodesand, asa resuit, Charles
Voffered Malta to the Knights as a newbase in 1530, providedthat they
also took on the defence of Tripoli against the advance of Ottoman sea
power. The Order reluctantly accepted, but in 1551it gave up the futile
attempt to hold Tripoli and withdrew definitively toMalta.

1.O7 In 1565came the unsuccessfulGreat Siegeof Maita byOttoman
forces. The failure of the siege, together with the Battle of Lepanto,
persuaded the Ottoman Empire that naval control of the Central and
Western Mediterranean was beyond its powerand Malta settled downto
becomean active corsairing base wherethe Maltese corsairs were joined
by privateers from westernand southern Europe. As time went by,the

major naval powersof France and England began to take an interest in
Malta, particularly in the 18th Century.

1.08 By the opening ofthe 19th Century, the picture had changed.
Corsairingendedas Mediterranean trading patterns became controlledby
Britain, France and Holland. Imperia1considerationsbegan to dorninate
the scene, for the Mediterranean was seen increasingly as an essential

pathway to lndia and the East.

1.O9 ln 1798came the Napoleonic invasionof the Maltese Islands,as
a preliminary to the invasioof Egypt. It led to the final expiusionof the
Order. The French were soon themselves evicted,and in 1800 England
established a defacactprotectorate over the Islands which soon hardened

into full colonial control'. Close commercial relations then began to
developbetween Libyaand Malta forthe firsttimesincethe 15thCentury,
and a Maltese merchant colony grew up in Tripolie. Tripoli became a
major supplier of meat and cattle to Malta, and Libya becamean increa-
singly favouredsite for Maltese immigration, as did the other North
African States, partjcularly after the French occupations of Algeria in

1830and Tunisia in 188 1.

'BLOUETo.p. cil.
FOLAYAN Ko,laTripoliduringrhereignof YusufPashaQaramaIlc-I fe,versityof
IfePress1979. 191 MEMoRIAi.OF LlBYA 27

1.10 In 1835the Ottomans reasserted their authority over Libya and
set up an effectiveadministrationlong the entire littoral frornthe Egyp-
tian border to Tunisia. Ottoman control over Libya was to last untilthe
ltalian occupationof Tripolin 1911as a prelude to the occupationof the

wholecountry. After World War 1,ltaly lost control of her new colony
and onlysubdued Libyaagain after a seriesofbitter campaigns at the end
of the 1920s. In1939the territory of Libya wasincorporated intornetro-
politan Italy.

1.11 Meanwhile,Malta in the 19thCenturychanged froman entrepot
for Britishtrade during the Napoleonic Wars to a bunkering station for
steam shipping. lt also became a convenientand congenial location for
British naval personnel withthe use of the English language wideçpread
amongst the indigenous community, and even British royalty took an
interest in Malta. This placid scene was to continue until the 1930s.
From 1939 onwards, with the Second WorldWar infullspate, Malta was

placed in a precarious position. In reality, it depended as in the past on
supplies fromoutside to sustain itself. It would have fallen but for the
heroismofitspopulationand ofthe military personnelstationed there. In
addition, the Axis Powersdecided to bypass the islands and called off an
attempt at invasion. Forthem, the main battleground was North Africa
- in Libya, Tunisia and Egypt.

1.12 In 1943,Italian and German forces weredrivenout of Libya,and
the north ofthe country was placedunder the British military administra-
tion with the south controlled by Free French units. Under the Italian
PeaceTreaty of 1947,ltaly formallyrenouncedtitle to Libyawhosefuture
wasreferred to the United Nations. On 24 Decernber 1951,Libya was
establishedas a united kingdomwith a federal constitution,thus marking

. the emergenceof Libya as an independentState. On 27 April 1963,the
federal constitutionwas abolishedand Libyabecame aunitary State. On
1September 1969,the King was deposedand Libya became the Libyan
Arab Republic. On 2 March 1977, it was proclaimed the Socialist
People's LibyanArab Jamahiriya.

1.13 On 21 September 1964 the independence of Malta was pro-
claimed, with direction and control of the government exercised by a
Maltese Cabinet and Prime Minister. Britain retained her defenceinter-
ests in return for a rent spread ove10 years. As a result of the 1972
elections inMalta and with the rapid decline in defence spending by
Britain intheearly 1970s,the defenceagreement withBritain wasrenego-
tiated sothat Britishforceswouldleaveby 1979. In 1974,Malta became

a Republicwith executiveauthority vested in its President. It remained
within the British Commonw~alth. CHAPTER2

THE GEOGRAPHICAL SETTING

2.01 The geographic relationshipofStates isofprimary importance in
maritime delimitations. This point can be simply demonstrated; for
example, aState situated byitselfina largeexpanseofoceanisnotsubject

to thesamegeographicconstraints as are States in the Mediterranean Sea
where their geographicpositionand relationshipwith neighbouringStates
are ofspecialsignificancein efTectingan equitable delimitation of border-
ingcontinental shelfareas. This facis made further evident wherethere
are islandslyingina narrowsea surrounded byother islandsas wellas by
continental States, another characteristic of the Mediterranean.

2.02 AS will become'apparent in this ~~morial, geographic,factors
have been closelyintertwined with the historof the regionof interest in
this case,making it useful to consider the pertinent facts of history and

geography together in'thisfirstpait of the Mernorial. Similarly, the facis
ofgeography andof land and sea morphologyare so closely linkedthatno
strict separation of geornorphologyfrom geography will be maintained
here. However,the related aspectsofgeomorphologyand geologywillbe
the primary concern of the next Chapter. . .
x .
2.03 ThisChapler willdealfirstwhh geographyinthe broadsettingof
the Mediterranean Sea. The focuswill then be narrowed to consider.the
geographic characteristics of the-Central Mediterranean and,finally, of
Libya and. Malta individuallyand in relation to each other. In the next
chapter the physical factors of geomorphologyand geologywillbe taken

up in the light of the geographical setting. In givingthis.general setting
land ,indescribing the physical factors, an effort will be made to be as
factual as possibleand to leavethe legal arguments essentiallyto Parts II
@ and III. General maps,such as Map I. are used inthis Part Isimply for
the purpose of illustrating the wider contéxtof the dispute.

A. The MediterraneanSea
..
,'1: .GeneralDescription

@ 2.04 Map 1showsthe entire Mediterranean Sea and may be usefulto
refer to in the discussion that follows. A glance at this map showsthe
Mediterranean to be a long, narrow and crowded sea witha length of
slightly over 2,000 nautical miles and, al its widest point betwee" the
Strait ofOtranto and the LibyanCoast,a widthofjust under 600 nautical
miles. 30 COKnNENTAL SHELF 1121

for example. Similarly, much of the continental coast of Greece faces
either east or west. In contrast, most of the southern littoral of the
Mediterranean faces generally northward.

a 2.09 Itrnay be xen from Mop 1that, aside frornthe inner seasof the
north coast of the Mediterranean, the Mediterranean Sea itself is formed
of a numberofsmallerseas. FrornWesttoeast theseare: the AlboranSea,

the Balearic Sea, the Ligurian Sea, the Tyrrhenian Sea, the lonian Sea
and the Sea ofCrete. Someof these seasare relativelydeep if compared,
forexample,witha shallowsea suchastheNorth Sea or withthe Arabian-
Persian Gulf. The Alboran Sea between Moroccoand Spain is bordered

on the westbythe Strait ofGibraltar. Through this narrowStrait (only8
nautical mileswide) the ocean water of the Atlantic enters and the more
saline Mediterranean water leaves, inpart maintaining the equilibrium of
the Mediterranean Sea as regards both salinity and temperature.

2.10 The Malta and Medina Channels',soulh of Malta, perform a
somewhat analogousrole for the eastern Mediterranean and serve as an

important route for the passage of a saline easlern Mediterranean water
mass knownas the Levantine Intermediate Layer. This ocean-typecur-
rent flowsin a strong near-bottom layer from east to Westvia the Malta
and Medina Channels and the Pantelleria, Malta and Linosa Troughsl.

As it impingesupon the seafloor,it generates large sedimentwavesin the
floorsof the Channels. Exiting from the Mediterranean through the
Strait ofGibraltar, the currentroducesan important warm intermediate
layer stretching over a broad section of the Atlantic. The area between
the westward-8owing Levantine Intermediate Layer and the overlying

eastward-flowing layer of ocean water from the Atlantic forms a zone
where plankton is concentrated and which is, hence, rich in fisheriesP.

2.11 With respect to the waters ofthe Mediterranean, oneother mat-
ter may benoted. Becauseofits relativelysmallsize,the narrownessofits
openings, the slow rate of rejuvenation of its waters (taking almost a

century) and the intensity of its maritime traffic, the Mediterranean is
especially vulnerable to the risks of pollution. Recognition by

'Thcsefeatures arcdiscusscdin grcatcrdttail at paras.3.12 through3.20 below. Thcir
@ locationrnbc roundby rcfcrcnccto Mn2facingp. 16andMap 6 facingp. 26.
'SceWÜST, G.: theVerticalCirculationof thc McditcrSca".Journaof Ge*
pliysicalReseurch,66,No. 10,1961.pp.3261-3271atpp.3261-3264.(A copyof these
queset Circulation des n MCditcrranic(n19).a paperin TheMediterraneanSea:-
A NafuralSedimenrurionLaboraiory,cdibySTANLEYD . aniclJ., Strauds, cnn-
sylvania. DowdcnHutchinso& Ross. 1972; STANLEYD , .J., MALDONADO A,. and
STUCKENRATR H.,,"StraitsofSicilyDepositionalRatesand ,ndPossibleRcvcr-
sa1of Currenin thc Latc QuatcrnarJ,ournalof Paleography.Paleoclinioiologyand
Paleoecologv,Vol.18. 1pp.279-291atpp.288-289.(A copyofthcscpagesisattachcd
asAnnex 6.) il31 MEMORIAL OF LIBYA 31

coastal/riparian States ofthisdangerous levelofvulnerabilityledto coop
erative action to reduce pollution, regularised by several international
agreements entered into at Barcelona on 16 February 1976,and further

cornplementedby the Athens Protocol of 16 May 1980'and the Geneva
Protocol of March 1982.

2.12 For rnuch of the Mediterranean only a relatively narrow rim of
shallow sea-bedexistsaround the continental landmassesand the islands.

In sorne parts, however, the rim of shallow sea-bed is much wider: for
example,inthe Gulf of Lions,southofthe LanguedocregionofFrance;off
the coastal area of Valenciaand Alicante in Spain; in al1but the southern
part ofthe Adriatic Sea to the east of Italy;and the areas betweenTunisia
and Libya. A rim of shallow sea-bedalso projects from Sicily toward

Cape Bon along the Adventure Bank and, further to the east, from the
southern tip of Sicily southward along the Ragusa-Malta Plateau2.

2.13 Before passing fromthe Mediterranean Sea in its full extent to
the region of the Central Mediterranean, the area which is of special

pertinence tothis case,a brief lookwill betaken at sorneof the Mediterra- ,
nean islands. On the far West,only 120 nautical miles fromthe middleof
the Strait of Gibraltar, lies the very small, flat Spanish island of Alboran
(lessthan onesquare kilometre in area with a total coastlineof under one

kilometre). It is located in the Alboran Sea, alrnost halfway between
Spain and Morocco.

2.14 Further to the east betweenSpain and Algeria are the twomajor
groups of Balearic Islands. To the southwest lie Ibiza (with an area of

572square kilometres,atotal coastlineof 153kilometresand a population
of approximately 45,000) and Formentera (with an area of 76 square
kilometres,a total coastlineof 75 kilometresand a population of 3,500).
To the northeast lie the larger Islands of Majorca and Minorca. The

relevant statisticsfor each are: Majorca - 3,639 square kilometres with
428 kilometres of coastline and a population of approximatefy 400,000;
Minorca - 702 square kilometres with 158kilometresof coastline and a

'SecMediferraneanActionPlanandihcFinal Actof theConferenceojPlenipoicniiaricsof
the CoasialSiaies oj the McdirerraneanRegionfor the Protectionof ihc Mcditerrunean
Sea.United Nations,ew York,1978;ConferenceofPlenipotentiariesofrheCoasialSiaics
ofrheMediterraneanRegionfor theProieciionoftheMediferraneSeo AgainsiPollurion
jrom Land-BasedSources, May1980.FinalAcrandProtocol.UnitcdNations. New York.
1980.
'Thesearcasare mostclcarlyvisible onMap2 facinp. 16. Map 2 isarcduccdcopyof
Shcct8 of the Internationl alhymctricChartof thc Mediterranean.A largcrbutstill
somtwhatreduccdcopyofthisChartmaybefoundinthepockeisectionof VolumeIIIofthis
Mernorial.Morewill bcsaidof thismap andthe rnanncrof its preparatai para.3.03
belowand inPartIof the TechnicalAnnex. As for theusof the terrn"Ragusa-Malta
Plateau" toescribethefeaturcidentifiedonM2as thcaMaltaPlateau"s,efn.1top.28.32 CONTINENTAL SHELF 1141

population of approximately 50,000'. Unlike the Maltese Islands, which

are situated on the geomorphological extensionof the Sicilian landmass,
the twogroupsof Balearic Islands each sit ona separate geomorphological
plateau and not on a promontory or extension of the adjoining landrnass
(in this case. Spain).

25 Next, looking eastward, are the large islands of Corsica and
Sardinia and the smaller island of Elba. Together, Corsica and Sardinia
form a northisouth division of the Mediterranean roughly midway
between the Balearic Islands and Italy. They liedue south of Genoa and
due north ofthe frontier betweenAlgeria and Tunisia. Corsica and Malta

have about the same population. but Corsica is far larger (8,835 square
kilometres with a coasial length of 670 kilometres). It is a régionof the
Republic of France and is cornposedof two départements. Unlike Sar-
dinia to the south, but like Malta, the fishing ac~ivityof Corsica is on a
small scale.

2.16 Sardinia is a special autonomous region of ltaly with its own

parliamcnt empowered toenact local laws. taxes and administrative regu-
lations. It shares its submarine platform with Corsica. It is the second
largest Mediterranean island (24,090 square kilornetres with a coastal
length af 1,045 kilometres) and also has a substantial population:
1,600,000. Its industry isnowwell-developed,but fishing,especialtytuna,

tobster, coral and shellfish,rernains important. Elba, which lies between
Corsica and Italy. ismuch closer to the sizeof Matta (223 square kilome-
tres) though less populated (approximately one-tenth the inhabitants of
the Maltese Islands). Nowa part of Italy, Elba wasa sovereignprincipal-
ityunder Napoleon I in 1814-15.

2.17 Although Sicily will be mentioned in many parts of this Memo-
rial. particularly with regard to Malta's close physical connection with it.
certain aspects of the island are appropriate to mention here. Sicily isthe
largest (25,708 square kilometres) and most populous (5,000.000) island
in the Mediterranean. It has a coastline some 978 kilometres long, along

which approximately one-half ofits population lives. LikeSardinia, it isa
speciril autonomous region of ltaly with jts own regional parliament.
Similarly, Malta willbe discussed further along in this Chapter (starting
at paragraph 2.24) where a detailed geographic description of the Maltese
lslands is set forth. For present purposes it is sufficient to note that the

Maltese Islands together have a total area of about 315square kilometres,
a coastlinemeasurcd around the Islandsof Malta and Gozo of roughly 185
kilometres and a population of approximately 320,000.

'Wiih itbcapitalciiof~Mahona,n importantnaval port lyinduesouth ofMarseilles.
Minorcau;is developeas a basein the Mcditcrrnneaaa century befMalta. MEMORIALOF LIBYA

2.18 Crete and Cyprus, located in the Eastern Mediterranean, are
among the largest islandsof the entire Mediterranean as seen from the

comparative statisticsgiven in the Tables found at pages 140 and 141
betow. Finally, the island of Imroz, situated slightly to the north of the
entrance to the Dardanellesand east of the Greek Islandsof Samothrace
and Lemnos, might be rnentioned. Though somewhat smallerthan the
Maltese Islands'and with a small population (approximately 7,000). its
location is noteworthy in considering the various Mediterranean islands.

2.19 This discussionof Mediterranean islands has by no rneans been
exhaustive. Itdoes, however, serve to illustrate the wide variety of
islands,in terms ofsize, population,locationand other factors that are to
be found in the Mediterranean. Other islands, such as the Pelagian
Islands of ltaly and the Kerkennah Islandsand Djerba of Tunisia are

omitted here. but discussed elsewherein thisMernoria12.

2. The Central Mediterranean

2.20 Looking more closely ai the geography, it is apparent that the
Mediterranean Sea may bedividedinto three zones:a Western,a Central
@ and an Eastern Mediterranean. This can bequite clearlyseenon Map 1.
It is the Central Mediterranean that concerns us in this case3. The
Central Mediterranean extends roughly between Tunisiaon the west;
Sicily,the southern tip of the Italian mainland (Calabria) and the Strait
of Otranto on the north; the Westcoast of Greece with its islands on the

east;and the entire Libyancoast upto approximatelyRas Amir, visibteon
a Map 1,on the south. It encompassesthe Ionian Sea on the east and the
Pelagian Sea on the west'. The western part of the Central Mediterra-
nean,that isthe area betweenTunisia,Libyaand Sicjly- and cornprising
the Kerkennah Islands, Djerba,the Italian Islandsof Pantelleria, Lampe-
dusa, Linosaand Lampione,and Malta - isthearea ofparticular interest
for present purposes. But in considering smaller scale and even local
features, sightshouldnot be lostof the overallcharacter ofthe Mediterra-

nean with its similarities to and differencesfrom the particular situation
here.

2.21 One point of particular interest in the Central Mediterranean is
that part of the Sicilian coastlinefacinggenerallysouthwestontothis Sea.

'See the Tablesai pp. 140 and 141 below.
'The Central Mcditerrancan mabye scen in greateonMupil5 facing p.22.
'Thereisno uniform practice rcgarding theinthe Meditcrraneanintathreczones,
andfrcquentlya Central Meditcrrancaznoneis notreffectedinatlasesandintheliterature.
Validas this divisionmay bc gcographically andgeologicalty.it shouldnot obscure the
substantialdiffcrcnccsbetwecn theshelf arcas of the PelagianSca and Sea lonian
gcographically,gcomorphotogicallyandgcologicalwillbcrnentionedin Chapter3
bclow.34 CONTINENTAL SHELF 1161

It fronts on the Strail of Sicily'and forms the northern boundary to the
Central Mediterranean in this area. The coast itself is relativelyuncom-
plicated: it runsina fairly straight line from northwestto southeast. The
directionof this coastlineparallels the "grain", that is, the direction of the

main geographical,geomorphologicaland geologicalfeatures of the Strait
ofSicily (used initsbroader sense). The "grain" can beseenquite clearly
on Map 2. The axis of the Maltese Islands follows this northwest/
southeast direction, a geographicalas wellas a geological pointofcardinal

importance. As will be seen in more detail in the next Chapter, the
Pantelleria, Malta and Linosa Troughs also follow this north-
west/southeast trend.

2.22 Offthe southwestcoastofSicily,whereit facesCape Bonand the
Strait of Sicily, there extends a complex of submarine banks and shoals
knownasthe Adventure Bank. Similarly,offthe southeast coastofSicily
lies an even larger shallow bank, the Ragusa-Malta Plateau2. The mor-

phologicalextent ofboth ofthese features isvisibleon Map 2. Itison the
southwestern edgeof the Ragusa-Malta Plateau that the Maltese Islands
are perched. The IslandofGozowith its westerlyescarpment formsa sort
of promontory of this Plateau to the West. Betweenthe Adventure Bank
and the Ragusa-Malta Plateau lies a slightly deeper area, although not

nearly as deep as the troughs lying immediately to its south, which is
characterised by a number of localised highs. This area is known by
geologists as the Gela Basina,and may also beseen on Map 2.

2.23 Takentogether, thesethree featuresineffectrepresentthe under-
water extensionof the Island ofSicily. All three are distinctly limited on
the south and southwest by a series of steep depressionswhich stand out

clearly on Map 2. These are the Pantelleria, Malta and Linosa Troughs
mentioned above. As the map illustrates, the easternmost of these fea-
tures, the Ragusa-Malta Plateau, is also sharplycut offin the east by the
Sicily-Malta Escarpment. Tothe south of the Plateau are the Maita and
~edina Channels khich run roughly east/west.

'The,term "Strait of Sicily" is used in the scicntific literaturc in scvcral ways. In an
cccanographicand gcographicscnse,it the narrow passagebetwccnCape BoninTunisia
and MarsalainSicily. However,the tcrm isoftenusedmoreextensivclyto covcrpart ofthe
Central Mcditcrrancanconsistingofthearea ofihctroughsand channelscomprisingthe Rift
ZonediscusscdinChaptcr 3 bclow. Inthis Mernorial,the narrow aceanographicdcfinition
will gcnerallycfollowcdalthough occasionallythe broader geomorphotogicalusage will
alsobeemploycd,particularlyin thepapcrsinTechnicalAnnex. Anothcrterm,"Sicilian
Channel" or "Chenal de Sicile" isalsousedto describethe Rift Ze.g.WINNOCK,
E."Structure dubloc pélagien"SedirnentaryBasimof MediferraneanMargins.editcd
byWEZEL.F.C.,C.N.R. ltalian Project of Oceanography.Tecnoprint. Bologna, 1981p,p.
445-464 at p. 453). (A copy of this page isattachAnnex 7.)
'SInhisrccentstudy (sec PartTechnicalAnnexand fn.ttop. 34bclow), Finetti refcrsto
theartoffCcntral Sicilyas the Caltanissetta Basinofwhichthe Gcla Basinor, inhispaptr.
the "Gulfof Gcla" is the southcrn, staward portion. [17] MEMORIAL OF LlBYA 35

B. Libya and Malta:Geographica Alspects
1. Malta
2.24 With the completionof this "tour d'horizon" ofthe Mediterra-
nean and the Central Mediterranean, it is now appropriate to turn to a
detailed examination ofalta and Libya. The territory of Malta com-
prises an island group: the Island of Mal(246 square kilometres in

area), Gozo (66 square kilometres), Comino (2.7 square kilometres),
Cominotto (lessthan one-tenthoa squarekilometre); and Filfla,a rock'.
Thus, the Maltese lslands taken together have a totalofabout 315
square kilometres. The populationof Malta (that is,of the islandgroup)
is approximatety320,000. The length of coast measured around the
Islands ofalta and Gozo, and taking into account their indentatisns,
roughly 185 kilornetres.

O 2.25 As may be seen from Map 1, the Maltese lslands lie som44
nauticalmilesouth ofSiciland 185 nautical milesnotth ofT~ipoiThe
36"N parallel passes betweenthe main Island of Malta and Gozo, which
lie between the4"Eand 15"E meridians. They are 158nautical miles
northeast of Tunisia,whereasthe nearest landfall to the east onthe Greek
mainland is340 nautical milesdistant. The central iocation of the Mal-
tese lslands in the Mediterranean is brought hotheyfact that Malta
is961 nautical miles from Gibraltar and 927 nautical miles from Port
Said.

2.26 While it is a straightforward task to describeMalta's locationin
the Mediterranean and its size and population, it is more difficult to
undertakea detailed descriptionofMaltese coastal geographyincompari-
son to that of Libya.e problemis oneof scale:it isa problem that can
@ be readily illustrabydreferring back to Map 1.

2.27 Using this map, the general characteristics of the Libyan coast
from Ras Ajdir, for example, to Ras Zarrouq can be described fairly
simply. This particular stretch of coast is over 400 kilometres long.
a Map I a1sogivea goodideaofthe directioninwhich this coast faces:that
isgenerallytothe north.Butifoneturns to the Maltese lslands and their
coasts, they are practically impossible to gauge on this scale. From
a Map 1,in what direction could the coasts of Mabeasaidtoface?
2.28 Consequently,inorder to examine Maltese coastal geograp-y

an exercise which is important inasmuch as it is from the coast that
Malta'scontinental shelfmust extend- a relativelylarge-scalemap must

'Cominottoisinhabitcd. wasustdin the past by thNavyfotargcpracticc. 36 CONTINENTAL SHELF 1181

beconsultedi. Map 3 issucha map. The coastal geographyappearing on
this map istaken from the United States DefenseMapping AgencyChart
No. 53203(1977). As indicated, its scale is 1:150,000as opposed tothe

a scale of 1:9.186.000of Mup 1, so that a feature on Map 3 appean over
sixty times largerthan the same feature on Mup1. (For the convenience
ofthe Court, place namesin Malta referred to inthe followingparagraphs
of this Mernorialhave been indicated on Map 3.)

2.29 UsingMap 3 it is possibleto examine the Maltese coast in some
detail. One method of approaching this task is to view the coast in
segments.or coastal fronts, in relation to the general direction each seg-

ment faces. Asis wellknown, the utility of exarniningcoastal fronts in
this manner wasalluded to by the Court in both the North Seo cases and
the TunisialLibyacase2.

2.30 On the main Islandof Malta perhaps a half dozencoastal facets
rnaybeconstructed insucha rnanneras to represent,witha gooddegreeof
accuracy, the overall coast. Thus, the segment of coast between Ras il-

Qaws on the southwestand Delimara point (if the highly convotutedinlet
of Marsaxlokk Bay is ignored) in the southeast could wellconstitute one
such facet. This has a length of about 21 kilornetresand faces generally
south-southwest. A secondsegmentmaybeseento run fromRas il-Qaws

clockwiseina northerlydirection10the vicinityof Ras il-Qammieh. Here
there are severalsmall indentations correspondingto local baysand inlets, .
but the overall facet or coastal front expressed as a straight line givesa
goodapproximationof thisstretch ofcoast. It is 10.2kilornetres longand

faces alrnost due Westtoward the Italian Island of Linosa and Tunisia.
From Ras il-Qammieh a shorter segment, approximately 5.4 kilometres
long, rnay be drawn to Ahrax Point. This corresponds to the northwest
coastof the Islandof Malta sinceit facesinthat directionand liesovvosite
..
the Island of Comino and the southeast coast of Gozo.
2.31 Ahrax Point is the northernrnost point on the Island of Malta.

As Map 3 shows, from there the coast begins to double back on itself
toward-theeast. Twoquite deepindentations, MelliehaBayand St. Pauls
lItiseasytoconfuscthe terrns "large-scalc"and "small-scale"whcnrefcrringto mapssince
their meaningseernsto contradict the plain mcaningof the words.l-scale"map is,
for example, a rnap on the scale of 1:10,000,000:the features appear very smallsincc a
greater expanscofhc earth'ssurfisbcing illustrated withina smallerarca. A relatively
"large-scale"map wouldeon a scalcof 1:100,000, forexample,whcrc thc features would
show up 100timcs larger than on the "srnall-scalc"rnap of 1:10.000.000.
'Norrh SeaConrinenral helfJudgrneni,I.C.J. Reports19p.52,para.98. Continental
Shelf (Tunisia/LibyanArabJarnuhiriyu), Judgment,1.12J.. R1982,p.91.para. 131.
TheCourt'sJudgmcnt intheNorth Seo ContinentalShelfCaseis referred ta in the text of
this Memorialas the "1969Judgment": the cases themselvesare collcctivelyreferred to as
the "North Sen cases". The Judgrncnt in thCase Concerningthe ConrinenialShelf
(TunisialLibyanArabJarnahiriyisrcfcrrctoin this Memorial asthc "1982Judgmcnt"
and thecase ilseisreferred to as "Tunisia/Libyacase". 'MEMORIAL OF LIBYA 37

Bay, are encountered almost immediately to the east of Ahrax Point.
Otherwise, this northern coast falls gently away to the southeast, inter-
rupted here and there by some lesser inlets and promontories.

2.32 In essence, this portion of the Maltese coast is aligned in a
northwest/southeast direction al1the way to Zongor Point on the north-
east corner of the island. Needless to Say,the Valletta Harbours carve
deeplyinto the coast. But it really makeslittle differencefor the present

case whether the northern coast of Malta is divided at Valletta into two
segments,or isseento constitute onecoastal frontof some23.6 kilornetres
al1the wayfromAhrax Point toZongorPoint. In fact, the wholesegment
faces generally northeast toward Sicily.

2.33 The finasegmentof coast to be consideredis that lyingapproxi-
mately between Zongor Pointand Delimara Point. Here the coast isalso
characterised by a number of small bays and indentations. Nonetheless,
it appearsaccurate to Saythat this segment facesbasicallyeast,orperhaps
just slightlysouthofeast. The segmentitselfisveryshort if it ismeasured
according to its general direction: only 5.4 kilornetres in all.

2.34 As for the srnailer Island of Gozo, its coast may be faithfully
represented by four segments. Ras in-Newhelais the southernmost point
on the island. Starting frorn this point and travelling in a clockwise
direction,afirst segmentmaybeconstructed between Rasin-Newhelaand

Ras il-Wardija. As Map 3shows,this isquite a short segment - nomore
than 7.3kilometreslong - whichfacesprimarilysouth-southwest. From
Ras il-Wardija the coast turns almost due north for alitrle over4 kilome-
tres until San Dimitri Point on the northwest corner of Gozo. The coast
then veers abruptly back to the east and continues in this direction, even
turning a littlesouth of east, for virtually the entire northern coast of

Gozo. There are oneor twoçmallbaysthat break up the continuityof this
stretch, but by and large the whole coastal front, which is some 14.3
kilornetres long, maybe seen to face north-northeasl toward Sicily.
2.35 Qala Point marks the end of Gozo's northward-facing coast.

From here it works its way back to the southwest until itreaches Ras in-
Newhela, the starting point for this description. This final segment is
approximately the same length as the first. that isto Say7.2 kilometres.
Unlikethe iîrst, however,it doesnot reallyabut on the opensea, but rather
looksacross towardthe Island of Comino and.the northwest coast of the
Island of Malta.

2.36 Comino itself warrants only brief mention here. As Map 3
reveals, it is wedged tightly between the Islands of Malta and Gozo and
faces both of its larger neighbours from whichit isseparateby the North
and South Cornino Channels. The entire coast of the island is about 9

kilometres in circumference. Just off its Westcoast rests Cominotto, a38 CONTINENTAL SHELF [201

tiny isletof lessthan one-tenthof a square kilometre in area. In fact, this
final isletinthe Maltesegroupisonlyslightlybiggerthan the uninhabited
rock of Filfla which liesofi the southern coast of Malta.

2.37 Fromthis descriptionofthe Maltesecoasts, itisapparent that on
the Islands of Gozo and Malta the longest stretches of coast or coastal
fronts face northor, moreoften,northeast. The longestindividualcoastal
segmentthat rnay beconstructed isalongthe northeast-facing coastofthe
Island of Malta; yet even this segment only measures some23.6 kilome-
tres. Verylittle of the Maltesecoast actually facesdue south, sincewhat

might be termed the "southern" coastsof the Islands of Malta and Gozo
repeat the trend exhibited alongthe "northern" coasts - that is, from
northwesttosoutheast,sothat they facemore ina southwesterlydirection.
Thischaracteristic highlights Malta'sdistinct northwest/southeast axisor
orientation. It isstriking that this axis almost exactly parallelsthe direc-
tion taken by the Sicilian coast to the north and the seriesof troughs that

constitute the Rift Zone' to the south.
2.38 Topographically,the Islandof Malta displaysa marked tilt to the
northeast; the dominant relief trends are al1toward the northeast. As a
result rnostvalleysdrain in that direction, although there are no perma-
nent surfacerivers. It isin part this tilt, whichshowsupclearlyon Map 4,
that explainswhythe southwest coastisdominatedby highcliflsand steep

slopes whereas the northeast coastlineis marked with deep inlets. It is
here in the north that the fine natural harbours of Malta are found: St.
Pauls Bay in the northwest alongwith Grand and Marsamxett Harbours
on the northern coast facing Sicily. It is here also that the capital city of
Valletta is located.

2.39 This northeast-facing coastline, thoughrocky,is gently inclined,
facilitating both communications and access. As a result, the major
economic coastal activity is restricted largely to the northeast and east
coasts. Nevertheless, very few littoral stretches provide an opportunity
for utilisation and verylarge areas of the coastlands are barren and rocky
especially on the southern and western coasts of the Island of Malta.
Gozo is almost entirely surrounded by perpendicular cliffs, those to the

Westand south being particularly high and attaining heights of up to 150
metres. There are alongthe entire coastline comparativelyfewinlets,and
coastal economic activity is quite limited.
2.40 The geographic characteristics of the Maltese Islands have
affectedthe pattern of human seulement and economic activity. Histori-

cally, up tothe mid-19thCentury rnostof the population livedby agricul-
ture and, with the exceptionof the heavilyfortifiedValletta area, avoided
settling on the coast. The old capitals of Malta and Gozo were in the
centre of each island. Valletta, on the coast facing Sicily, was the only
Seeparas.3.12 and3.13 below.1211 MEMORIAL OF LIBYA 39

significantcoastal settlement. The inlandlocationofalmostal1townsand
villages isa striking characteristic ofta eventodayl. In short, Malta
is at present, as it has been in the past, an "inland" cornmunitywithjust

one large windowto the sea - a windowfacing northward. Especially
notable is the complete absence of any permanent settlement along the
whole of the south- and west-facing coastline of the Island of Malta.
TodayonGozothere are onlythree littoral settlements. Malta isineffect
land-centered and not,as might havebeen expected, a nurseryof sailors
and fishermen dependent on the sea, comparable to Greece or parts of

Spain and Italy.
2. Libya

2.41 The vast landmasç of Libya coversa roughly rectangular area
lyinggenerallybetweenthe 19"Nand 33"N parallels and the 9"30fEand
25"E meridians. The actual extent of Libya and its geographic relation-
ship to the Central Mediterranean may be seen by reference to the map

that has beenattached asAnnex9. In size,therefore, Libya encompasses
some 1,775,500square kilometres. Its population according to the 1977
census is 2,939,200.

2.42 The geographic facts relatingto Libya that are relevant to this
caseare readilyapparent. In comparisonwiththe map of Malta referred
to above,a relativelysmall-scale rnap, suchas Map 5, showsthe Libyan
coast to be uncomplicated. lt would be pointlessto examine the Libyan
coast on the same scale as Malta, for to reduce the Libyan coast to sixor
sevenoreven 20 kilometre segmentswould bemeaningless. Accordingly,

it is not proposed togo in10the same degree of detail regarding Libyan
coastal geographyas was necessary with Malta.
2.43 If there isany utility in thinking in terms ofcoastal segmentsfor

Libya, perhapsthe followingmight beadvancedas faithfully reflectingthe
actual coast. First, there could be deemed to be a section of coast that
runs from the land frontier point betweenLibya and Tunisia at Ras Ajdir
to the vicinity of Ras Tajura just east of Tripoli. Though Ras Tajura
protrudes only slightly into the sea, it is the only promontory of any
significance betweenRas Ajdir and Ras Zarrouq where the Libyan coast
falls away into the Gulf of Sirt. From Ras Ajdir to Ras Tajura is about

175 kilornetreseven alonga straight line. From Ras Tajura, in turn, to
Ras Zarrouq isslightlylonger (about 180kilometres). Thus, this section
of the Libyan coast, whichwhenmeasured taking account of al1ils minor
indentations is some 403 kilometres long, can be viewed either as two
facets of roughly 175-180kilometres each or as one coastal front about
350 kilometres long. Either way, the coast as a wholefaces northward.

'Attentionisdrawn hereto themap attachcdas Ann8xwhichdcpicts the pattofn
settlementsin Mattatakenfrom Landsatsatellimagery.40 CONTINENTAL SHELF 1221

2.44 Of course, the Libyan coast does not end at Ras Zarrouq.As
Map 5 illustrates, it turns towards the south along the Gulf of Sirt for
some 150kilornetres untilapproximatelythe 16"Emeridian. From there
the coast runs in a generanorth-northwestJsouth- direuton tast

the vicinitof the 19"E rneridian. This stretchof coast is roughly310
kilometreslong measuredina straight line. From thispointthe coastarcs
northward to approximately Benghazi - adistance of about280 kilome-
tres. Finally, as the coast rounds the corner of Cyrenaica, it again
assumesits generaleastJwest direction and runs toward the frontier point
between Libya and Egypt. Because this segment of the Libyan coast
curves gently, it is difficultto divide it into separate coastal fronts. The

overall distance of this segment, however,is greater than 600 kilometres
and faces northward.
2.45 Thequestionofscalemaybeappreciated inits proper perspective
in considering this easternmost coast ofibyal. Just east of the 23"E

meridian (visible on Map 5) the Libyan coast may be seen to recede
rather sharply toward the south. The amount of this displacement is
around 36 kilometres, a distance which is far greater than anof the
coastal segmentsof the Islandsofalta or Gozo. And yet on the scaleof
Map 5, and set in the midstof an extensive Libyancoast that stretches for
over 1,700kilornetres, thisindentation isinsignificant,and it wouldhardly
warrant the drawingof a separate coastal front sinaestraight line from

the northernmost point of this coast to the frontier point with Egypt
adequately refiects this portion of the Libyan coast.
2.46 From the foregoing discussion itis evident that, in contrasto

Malta, smaHislands with very lirnited coastlineshowevermeasured, Libya
isa verylargecontinental State withan extensivecoastline. Its east/west
extensionalong the Mediterranean is from approximately longitude 11O
33' E to 25"E. Its north-facingcoast isopposite Sicily,Malta, the Italian
peninsula, and Greece, including the Island of Crete. In effect,Lib-
yan coast extends for virtually the entire breadth of the. Central
Mediterranean.

2.47 Historically, the territory of Libya has been considered as
divided into three regions:Tripolitania, Cyrenaica and Fezzan. North-
western Libya(Tripolitania) bordersthe Mediterranean along the Jeffara

Plain and includes most of the population ofLibya. Tripoli, the capital
and the largest city of Libya, is located here. In northeast Libya (Cyre-
naica) the second largest city, Benghazi, alsois on the coast.
In contrast to those portionsof the coasts of the Maltese Islands
2.48
that might beconsideredto facesouth, the Libyan littoral is characterised
'This arcaitakenrnerelyto illustratethe parointof the questionof scItc.
involvca partof the Libyan coasftaroutsideanyarcaconccivablyrelevcase. thisby openness of relief with a stepped descent coastwards!. The coastal
areas of Libya havebeennot onlywhere mostof its population hassettled

but also the centre of major currents of east/west trade from ancient
times. An important pattern of north/south trade acrossthesah: from
Equatorial Africa has also been established since early times with the
coastal area of Libya. This resulted from the fact that the routes north-
ward to Libya wereshorter and, generally speaking,physically easier to
traverse, without such obstacles as the Atlas Mountains to cross. Not

surprisingly, inlight of this traditional orientation toward the sea, the
fishingindustry of Libya has been and continues to be locally important.
The centrality of Libyainthe Mediterranean and alongthe North African
coast invited eastlwest movement of several kinds: pilgrimage, trading
and political exchanges. Libyancontact with the sea afong this lengthy

coastline was an essential formative influence and led to north/south
movement across the Mediterranean as well as to Libya performing a
special function of projecting Africaritrading and cultural contact north-
ward toward Europe.

3. Libya and Malta: A Broad Comparison

2.49 It does not appear that a moredetailed geographical description
of Libya would bepertinent at this stage of the pleadings. However,
certain facts stand out when the geographic characteristics of Libya and
Malta are compared. Libya is a large continental landmass with a very
longcoast frontingonvirtually the entire lengthofthe Central Mediterra-

nean and even on portions of the Eastern Mediterranean. In contrast,
Malta isa groupofsmall islands withveryshort coastlines. The question
of whichcoastof Malta bears a relationshipwith whichcoast of Libya for
purposesofdelimitation is a questionnecessarilyencounteredwhensucha
small islandor islandgroup facessuch a large continental landmasswith

sucha longcoast. Thismatter ofcoastal relationshipswillbedealt within
more detail in a later part of this Memorialz.

2.50 A secondimportant geographic factis Malta'srelative proximity
to Sicily. Vis-à-visSicily, lookingpurely al coastal relationships, the
southeasternmost coast of Sicilywouldappear not onlyto run inapproxi-
mately the sarnedirection as the northeast-facing coast of Malta but also
for about the same distance.

2.51 A third major geographic fact isthe relationship betweenStates
that face each other across the Mediterranean and between whichare
interspersed islandsof many kinds. Such a situation implies,ofcourse,a

'Thetopographyof Libyamaybeseenbyreferenceto themap attacheAnnex10. This
mapistakenfrom theNalionalAtlas otheS~~ialistPeople'sLibyArab Jamahiriya.
Secreiariat ofPlanning.Survcying DepartmentT,ripoli, 1978. pp.43-44.
'Sec generalPart III.Chapters9 an10of this Mcmorial.42 CONTINENTAL SHELF 1241

seriesofdelimitationsbetween facing continentSalatesthatwouldtake
into appropriateaccountthe presenceof islands,someof which have
recently gained independenacnedothersofwhichstillretainthestatusof
islanddependencies. CHAPTER 3

THE GEOMORPHOLOGICA ALND GEOLOGICA LETTING

Introduction
3.01 In the previousChapter the geographic elernentsof thiscasewere
discussed, includingthe configuration of the coasts of Libya and Malta.

This Chapter willconsidergeomorphologyand geologyin detail, with the
major emphasis placed onthe present-day characteristics of the areas of
continental shelf lyingbetween Libyaand Malta, that is, of the present-
day sea-bedand subsoil of the submarine areas that constitute the natural
prolongation of the land territory of each,of the 'Parties1; In so doing,
Libyahas attempted to refiect the.viewsexpressedbythe Court inits 1982

Judgment regarding the use of geomorphology and geologyin the delimi-
tation of the continental shel'. However,sincethis is not the place for a
legalanalysisofthesefindingsoftheCourtor ofthe generaljurisprudence
on this matter (such an analysis appearing in Chapter 6 of this Memo-
rial), only the facts themselveswill be examined here.

3.02 G.eologicalfactorswillbeintroducedto the extent they bear upon
the present-day characteristics of the sea-bed and subsoilJand help in
evaluating the scientificand legal significance of the features discussed.
In addition, certain specificaspects of the geologyof Malta and Libya

themselves, as distinguishedfromthe submarineareas ofcontinentalshelf,
will be touched on because they relate to and supplement the geographic
material presentedinthe previousChapter. Asin the case of the previous

'Sec para. 3.06 bclowwherethe findingsof the Court in the 1982Judgmcnt rcgardingthe
geornorphologyof the sca-bcd undcrlyingthe Pelagian Sca are surnmarised.
'To quote in part from paragraph 61 of the Judgmcnt:
"The function of the Court is to rnake use of gcologyonly so Faras rcquircd for thc
applicationof international law. It isof the viewthat what rnust betakcn into account
in the delimitationofshclfs arc the physicalcircumstancesas they arc today;that
just astis the geographical configurationof the prcscnt-day coasts,the also it is
prcscnt-daysca-bed.whichmust beconsidered. It isthe outcomc.not the tvolution in
the longddistantpast. whichis of importanConiinenlalSheIJ(Tunisia/Libyan
Arab Jamahiriya).Judgmeni.I.C.J.Reports 198p.54, para. 61.
'The concept ofthe continental shelf includesthe subsoil (what geologistswouldcal1thc
"subsurface") aswellas the sea-bed. Althougha precisedefinitionofthe subbtil maynot
a usefulexerciseat this timc. two pointsare worth making. First, petroleumgcologistsare
concerncdwith areasof the subsoilthat maybcasdccp as 7or 8kilometresbclowthe earth's
surfacer the scafloor. Information regardingthe subsoilat thesedcpths isessentialto the
suchas "UppcrCretaceous"and 'Triassic"- termswhichfixthe gmlogicalageofthestratanames
involvcd-itisnot the pastbut thc prcscntthat isimportantinconsideringthesestrata. For
thcse layersofe earth are prescntin the subsoiltoday andhavea current significance. It is
dircctlyrelevanttoan examinationof the continentalshclfto probebcneath the surface and
10analyse the importance ofsea-bcd featurcs in terms. for examplc.of thc dcpth of fault
planescausingthest featuresand the prescnceand locationofvolcanism. (Sce fn. I top. 31
bclow.) 44 CONTINENTAL SHELF 1261

Chapter where no strict separation between geography and geomorphol-
ogy wasmaintained, soalso in this Chapter the related factors of geomor-
phology and geology will be cornbined'.

3.03 Finally, bywayofintroduction, it should benoted that the names

givento the various features discussed hereare in rnostcases those found
on the international Bathymetric Chart of the Mediterranean, Sheet 8
(hereinafter rcferred to as the "IBCM"), prepared by the Intergovern-

mental Oceanographic Commissionunder the aegis of UNESCO, which
has been usedas one of the basic sourcesof bathymetric dataused in this
Memorial and in the studies of the TechnicalAnnex'. For ease of refer-

@ ence, a somcwhat reduced copyof the IBCM may be found in the pocket
sectionof Volume 1IIof this Memoria13. One purposeof this international
mapping effort. completed in 1981but not readily obtainable until 1982,

was to harmonise the use of names. Insome cases. the names of various
geomorphologicalfeatures on the IBCMdiffer from thosecommonlyused
inthe past or used by Libya or by thèCourt in the TunisialLibya case.

Where nccessary 10avoid confusion, some of these name changes will be
noted in the text. Where names used in this Memorial differ from those
used by the IBCM. that fact willalso be noted.

3.04 Itisthe intention of Libya to put beforethe Court scientificfacts

that have becn confirmed by leading experts in the field. To the extent
there are known to be genuine diferences of opinion among experts on
certain technical points. they will be brought to the Court's attention.

A. The Generat Setting

3.05 The previousChapter discussedthe locationof this dispute in the
Central Mediterranean, an area differing quite significantly in geomor-

phologyand geology from either the Westernor Eastern Mediterranean.
@ In this connection, it is useful to refer to Mop 6 and to focus particularly
on the large shelf area lying in the western part of the Central

Mediterranean'.
'The data on which the scientificmaterial of this Chapter isbased includecertain scientific
paperl and iltu~trfigurcsprcpared or approvedbyexperts in thc field.which arc to be
foundin the TechniAnncxai the end of this Vol.Iof the Mcrnorial. Published scientific
studiesavc been drawn upon and wibecited. where appropriate. in the text of the
Mcrnorial orin the papers iTechnical Annex.
'SeeTechnicolAnriePart 1.fora fulldescriptionanddiscussIBCM.ftThe IBCM
isno1the soie sourcc.of bathymeiric data used by Libya in this Mernorial. and other
bathymetric charts may be iniroduced orreferred to frorn tirne to time.
SA more substaniially rcduccd versionappMops2 facing p. 16.
'Forthe convenicorthe Court.the narnesof featuresdiscusscdinthe ensuingparagraphs
@ have beenplaceonMop 6.which illustrates the general geornorphologicalsttting. 3.06 As Map 6 reveals, the continuity of this area of shelf is inter-
rupted by a zone of troughs and channels that stretches from roughlythe
area between Cape Bon and Sicily,again in a northwest/southeast direc-
tion. This zone then turns more east/west through an area south of the

Islands of Gozo and Malta, to the Heron Valley linking up with the
Medina (Malta) Ridge. To the south of this zone (as far east as the line
of escarpments,whichwill bediscussed below)liesthe Pelagian Block,an
area that wasrelevantto the delimitation in the Tunisia/Libyocase. This
area wasdescribed ingeneral terms by the Court in that case as follows:

"The character of the sea-bed of the area within whicha delimita-
tion has to be effected has been the subject of very abundant
examination by the Parties, and of detailed scientific studies by
their experts during the written and oral proceedings. At the
outset it willbe sufficientto note that this sea-bedarea is part of a

broader subrnarine region.i.e.,the submergedportion of a geomor-
phologicalentity referred to by the Parties as the Pelagian Block
(or Pelagian Basin). underlyingthe seaarea knownas the Pelagian
Sea. It is agreed by the Parties that this entity also includes land

areas within their territories, notably eastern Tunisia south of the
Gulf of Hammamet, and the plain of the Jeffara in south-eastern
Tunisiaand northern Libya. Without enteringintothe questionof
the correct geological classificationof any feature, the Court notes
that this broader submarineregionisinclinedat a gentleslopefrom

westtoeast; itextendson the north at least asfar asa seriesoflarge
depressions (the Troughs of Pantelleria, Malta and Linosa), and
on the east as far as a change in slope of the sea-bed discussedin
argument underthe names of the 'Malta-Misratah Escarpment'
or the 'Ionian Flexure' (approxirnately 15Oeast) [."

3.07 In this Mernorial, Libyarefers to the area, thus described by the
Court, as the "Pelagian Block"and identifiesthe features rnentioned by
the Court as forming its northern and eastern boundaries2.

'ContinenralShelf(Tunisio/LibyanArabJnmahiriya,Judgrnenr ,.C.J.Report1982,p.
41. para. 32.
'Attention isdircctedto the commentsin the papcrsin Parts 1and II ofthAnnexhnical
ihese Troughs and on to thc east dividesthe shelfarea into separate geornorphotogicaland
geologicalrcasofcontinentalshelfor evcnconstitutcsan incipicnt micro-plateboundaryin
formation, Forcxample.Figure3appcaringinapdptr of MORELLIC.;GANTAR G..AND
PISANI,M., "Bathymctry, Gravityand Magnetismin the Strait of Sicilyand in the Ionian
Sea".inBollerinodi GeoJisicaTeoricaed Applicara,Vol.17.No. 65. 1975.pp. 39p.8ai
52.and adaptcdby thcsc authors from a figurein a paper of P.F.(1967),showsa
"Ragusa Shclf" on which Malta is locatcd, scparatcd by the "Pantcllcria Trough", to the
south of which asdifferent area callcd ihc "Pciagian Shelf'. Of further intcrcst is the
mannerin whichthisfigurcofProfessorBurolletshowsthe flcxuresand faultswhichlimitthe
*Pclagian Shclf" to the east. (A copy of this figurc has been attachcd as Anner II.)46 CONTINENTAL SHELF 1281

3.08 Tothe north ofthe troughs and channelsare three features noted
in the previousChapter - the Adventure Bank, the Gela Basinand the
Ragusa-Malta Plateau' - whichvisibly formthe subrnarine extensionof
the IslandofSicily. It is onthe easternmostof thesefeatures,the Ragusa-
Malta Plateau, that the Maltese Islands are situated. .

3.09 The Ragusa-Malta Plateau is, in turn, boundedon the east bya
sharp morphologicalbreak whichcorrespondsto the Sicily-Malta Escarp-
ment2. This feature, with reliefofmorethan three kitometres,stands out

conçpicuousfy on al1bathymetric maps since it is one of the steepest and
highest standing continuousslopes in the Mediterranean. The Pelagian
Blockis similarly bounded on the east by an escarpmenl - the Medina
Escarpment - to the east of which is the Sirt Rise, a sea-bed area that
projects from the Libyan coast in the region of the Gulf of Sirt and

descendsgradually toward the Ionian AbyssalPlain.
3.10 Inspeaking of these features, it is important to keep in mind a

distinction that mus1be drawn betweenthem and the limits of the "Afri-
can Plate". For example, the words "block" or "shelf' used here as
geomorphologicaltermsdo nothavethe sarne meaningasthe word"plate"
in the contextof the term "African Plate". The latter isa geologicalterm
relating to the theory af plate tectonics.n the TunisialLibyacase, Libya

describedthe northern boundary of the African Plate as crossinga part of
Sicily, which means that the southern portion of Sicily and the Ragusa-
Malta Plateau, including the Maltese Islands, are part of the African
Plate3. Libya believesthis description to bewidelyaccepted and reiter-
ates it here. although in this Memorial there is very little further discus-

sion of plate tectonics as such beyond the brief reference made to the
subject in the paper appearing in Part II of the TechnicalAnnex.
3.11 The pointissimply this:the Pelagian Blockand the African Plate

arequite different kindsof physicalentities and are not coextensive. The
first is geomorphological;the secondis geologicaland involvesconsidera-
tion of theentire lithosphereof the earth. Just as the African Plate does
not terminate in the north at the geomorphologicalboundary of the Pela-
gian Block,so also on the east the African Plate is not bounded by the

'It is noted hcre thatthe IBCMcallsthis featurethe"MaltaPlateau": howcver".Ragusa-
MaltaPlateau"isalsowidely us, ndismoredescriptivcofthemorphologicallinkbeiwecn
Maltaand theRagusa areaof Sicily (see, forcxample,theuseof "Ragusa-MaltaPlateau"
byProfessor Finettiin Part Ill, TecAnnex).
'Thc geomorphological te"cscarpmtnt"is usedthroughouiihis Memorialto rcferto a
longmoreor lesscontinuoucli iïrelativclystcep dope Facinonegtncraldirection,
breakingthe gcneralconiinuiOCthe sea-bedby scparatingiwo fevel or gcntly-sloping
interesthcre arctheresultaf faulting. Thetcrmisdcrivcd fromthe Frenchword"escarpe-
rncnt"whichmcansa steep face or slope.
aSce Confinenrat ShelJ (Tunisia/Libyan Arab JamahiriyaJ, JudgI.C.J. Reports
1982,p.50. para.52.[29] MEMORIAL OF LIBYA 47

Sicily-Malta or Medina Escarpments'. Thusthe Pelagian Blockdoesno1
reach as far north as the Maltese Islands, which are iocated on a quite
differantgeomorphologicalentity, the Ragusa-Malta Plateauz. However,

Malta like Libya is a part of the geologicalentity knownas the African
Plate.

B. The Rift Zones

3.12 Itisnowappropriate to describethe features whichconstitutethe
northern boundaryof the Pelagian Blockand whichseparate in the physi-
cal sensethe natural prolongationofthe Libyanlandmassnorthward from
the natural prolongationof Malta southward. The various features that

willbe discuçsedherecombineto make upa rift zone (hereinafter referred
to as the "Rift Zone") - a feature of major importance to this case -
that stretches roughly from10" 30'E to 16" E. However, beforedealing
with the Rift Zone itself, which will require some discussionof geology,

the variousfeatures comprisingthe Rift Zone will be examinedas to their
more visible physicalcharacteristics, that is, geomorphologically.

3.13 The French geologist, Winnock, in describing the Pantelleria,
Malta and LinosaTroughs as part ofwhat hecalls the"SicilianChannel",
suggeststhat they are clearlydefinedbythe 500-metreisobathand extend
from Cap Bonto the south of Malta for a length of 350 kilometresand a

width of 100 kilometres. He indicates that this area of Troughs is sepa-
rated from the Caltanisseta-Gela Basin in the north "by the Adventure
Bank-Madrepore Bank-Malta Bank alignment". On the south he indi-
cates that the limits of the "Sicilian Channel" lie along the "Tunisian

Plateau4".
3.14 Examining each Trough in turn, the first starts at the Island of

Pantelleria, which gives it its name - Pantelleria Trough - and runs
southeast. Its pertinent dimensionsare: maximumdepth - 1,314metres;
width (at the 1,000rnetre isobath) - 15nautical miles;and length (at

the 1,000 rnetre isobath) - 52 nautical miles. A second trough, the
'Similarly,the "plate* isncoessariyoextensivewiththe physicalcontinental shelf. In
thc Atlantic. for example, plates bound each othcr along the mid-Atlantic Ridge in the
middlc of thc wean far beyond the physicalcontinental shclf.
ylt is useful to refer again to the figure adaptcdaftcchnical paper of Profcssor
BUROLLEaT n,dattachcd Annex 11,in whichtwoseparatc shclvesare portraycd. See fn.
2 to p. 27. In addition,a3 to p.43 a tcchnical paperisreferrcd toin whichthe authors
(DEWEY elal. i973)) take the positionthat a micro-plaicboundary hasbcencreatcd along
this geomorphologicalboundary of the Pclagian Block.
'Definitionsofrnanyof the technicaltermsusedinthis Sectibemfoundinthe footnoies
to pages30through 33. The termrqt, riJtinrifvalleyandrijr zonmay bcundcrstd
through the definirionof rift: a geornorphological tcrrn describing a .sureorcleffits
otheropeniogin rock ,ade by cracking or splitting. See also para. 3.20 below.
'WINNOCK, E..op. ci!.pp. 445 and 433 (attached aAnnex 7). As the Rift Zone
continueseastward from the "Tunisian Plateau".its southcrn limits lie to the north ofthe
35ONparaltcl (see ParII,TechnicalAnnex). 48 CONTINENTALSHELF DO1

MaltaTrough,startstothenortheastofthePantelleriaTroughandtrends
inthe samesoutheasterlydirection.ItextendsacrosstothesouthofGozo
andgraduallyshoals southoftheIslandofMaltatocontinueasthe Malta
Channel- Medina Channel eastward to the HeronValleyuntilit linksup
withthe Medina (Malta) Ridge. Thiscan be seenon both Map2 and

@ Map 6. The Maita Troughislonger,thinnerand, in parts, deeperthan
the other Troughs. Its measurementsare: maximum depth - 1,714
metres;width (at the 1,000rnetreisobath) - 11 nautical miles; length
(at the 1,000metre isobath)- 87 nauticalmilesand, at the 600 metre
isobath, 108nauticalmiles. Tothe southwest ofthe Malta Trough and
runningparalleltoit isa third trough,theLinosaTrough,whichtrendsin
the same northwest/southeastdirection. It is namedfor the volcanic

Island of Linosato its southwest. The statisticsrelating to the Linosa
Trough are:depth- 1,615metres; width(at the 1,000metre isobath)-
8nauticalmiles;length(at the 1,000 metreisobath)- 41 nauticalmiles.

3.15 AnexaminationoftheSlopeMap(foundin the pocketsectionof
VolumeIII anddiscussedinPart 1ofthe TechnicalAnnex) aswellasthe
Sea-BedModel',a photographofwhichappearshere, indicatesthat these
Troughs, aside from their considerable depthin cornparison withthe

surrounding sea-bed,have steeply inclined flanks with slopfrsquentlyof
theorderof 1:10and sometimes 1:52. A reduced copyofthe SlopeMap
appearsas Figure1 followingthephotographoftheSea-BedModel. The
Troughs are bordered by shallowareas. As Part II1 of the Technical
Annex explains, fromthis itrnaybeconcludedthat theseTroughsarethe
manifestationonthesea-bedof grabensaandthat the highareasnearthe
flanksare horsts'. Thus, for example,the MalteseIslandsare a horst

thrown up to the northeastof the Malta Graben as part of the rifting
processthat producedthe downdropped graben. The geomorphological
expressionof theseTroughsonlypartiallyportraysthe depth of the gra-
bens themselves forthese grabens and the faults associated withthem
'This Model, prcparcdby the Lamont-DohertyGcologicalObservatoryof Columbia Uni-
versitwasfurnishedto the Court withthis Memorial. SeePart IVofthe l nncxcaA
foran cxplanationof the wayin whichthe Mdel wasprepared and the dcpths indicatcdby
thediffercnt colours.
'Thescfiguresmeanthat the dcpth ofthe sca-bed incrcasesby an averageof one mctre for
everyiveto ten metrcs of distance.
A grabenisan clongatcd,rclativelydepresscdcrustal unitor blockthat isboundedbyfaults
on its long sides. It is a strformthat may or rnay notbc gcomorphologically
Annexindicate, grabensarc gcologicalfcatures that rnay relate to faulting in the subsoil
many kilornctresbelowthe seafioor. Unlessothcrwisc indicatcd,tofgcomor-tions
phologicaland gcologicalterrnsinthis Memorial are derivd frorn the Glofsary
Gcologycditcd by BATES.Robert L. anJACKSON Julia A.. Falls Church, Virginia,
ArncricanGwlogical Institutc, 1980.
'A horstisan clongatcd.rclativclyupliftcdcrustal unitor blockthat isboundedby faultson
its longsidcs. Itstructural formand may or mabcexpresscdgeomorphologically. p 11 MEMORIAL OF LIBYA 49

extendfardownintothesubsoil. These grabens havebeenpartiallyfilled
withthickrecent sediments. Thus,theoffsetinrelief betweengraben and
horsris greater in the subsurfacethan in the present-dayseafloor. The
maximumsedimentationis foundin the deepest sectionsof the Troughs.

3.16 Of particular geological significancis the presenceof young
volcanism'along theseTroughs. For instance, the Islandsof Pantelleria
and Linosaareemerged volcanoeslyingtto hesouthofthe Pantelleriaand
LinosaTroughs, respectively. Severalvolcanicmounts, which may be

seenon the IBCM, mark the southernedgeof the Malta Trough. The
three mountsthat are mostdistinctly visibare (i) at the northwestern
endofthe MaltaTrough separating itfromthePantelleriaTrough (indi-
@ catedonthe IBCMbythe230metredepthmark); (ii) at its southeastern
extensiondue south of the Islandof Malta (indicatedby the 258 metre
depth mark); and (iii) borderingthe Malta Channel (indicated by the
113 metre depth mark)'. Further east,as the Rift Zone continuesonto
the HeronValley,it connectsup with the Medina(Malta) Ridgewhere

magneticanomaliesalsoindicatevolcanism. AsthetechnicalnoteinPart
Il oftheTechnicalAnnex reveals,thelinkageofyoungvolcanism withthe
Rift Zone demonstrates that thefault planesare deeply rootedand that
the Rift Zonerepresents a currentlyactive,fundamental fractureof the
earth'scrust. The deep rootingof the fault planesis demonstratedby
volcanismbecausethe magma (or moltenrock) whichrisestothe earth's
surface throughthese faults is formedat great depths in the crust and
mantle.

3.17 Of the three Troughsthat form the Rift Zone in its western
sector, thealta Troughextendsfurthest to the southeast. It crossesto
thesouthof the Islandof Gozograduallyshoalingsouthof the Island of

@ Malta to becomethe Malta-Medina Channel,visibleon the IBCM. In
the western portionof the Rift Zone,ts geomorphological expressiois
seenintheTroughs;intheeasternportion,it is expressedgeomorphologi-
callyby the Malta and Medina Channels.

3.18 Havingexaminedthe Troughs,the discussionnowturns to the
Channelsthat form the eastern part ofthe Rift Zone. The Malta and
MedinaChannelseach fa11belowthe 500 metre isobath. Theyserveto
connectthe Troughsystemon the northwest withthe Ionianseaflooron
theeast3. Geologically, teroughsand Channelsrepresenta singleRift
Zoneofsubstantialproportions which continueson totheeastseparating

'Volcanisrcfcrstotheproccbywhichmagma (molten roand itassociatcdgaKs
riscintothe crustandarccxtrudcdontearth'surface and inttoheatmosphcre.
matcly35O30'Nu;5"Eonthc IBCM.iesbciwccntheMandMedinaChannclsatapproxi-
'Inpara.2.10abovethe importanotceanografunctionperformbytheseChanntls
andtheTroughswasdiscusscd.50 CONTINENTAL SHELF i321

the Sicily-Malta and the Medina Escarpments in the area of the Heron
Valley. The Rift Zone is a geological feature whose significance is
reflectedgeomorphologicallyand whoseeffectsare deforming the sea-bed
and subsoil'.

3.19 If the Slope Map found in the pocket section of VolumeIII (as
welfas the Sea-BedModel) isagain examinedinthe area southwestof the
Islandsof Gozoand Malta, the relativelysteep escarpment at the edgeof
the Ragusa-Maita Platform where the sea-bed descendssouthwestward

into the Malta Trough-Malta Channel is clearly seen. The line of this
escarprnent parallelsthe northwest/southeast axisof Malta and continues
almost completelyacross the southward-facingcoasts of Malta. Further
10 the southeast, the northern shoal of the Medina Bank is seen to fali
sharply into the Medina Channel between roughly 15"and 16"E. In a

number of other areas the flanksof these Channels are steep2.

3.20 Although the Malta and Medina Channels are well-definedby
steep flanks - particularly in the areas southwestof Gozoand the Island
of Malta and north of the Medina Bank - the fact that they show less

reliefthan theTroughs isexplainedbyseveralfactors. One reasonrelates
to the fact that the general area where the Channels are found rnay have
been elevated in connection withthe processes that created the Sicily-
Malta Escar~mentto the east and. hence. is nowa shallowerarea of the

seafloor3. ~'notherreason, confirmedin the note appearing as Part II of
the TechnicalAnnex,isthat rift zones'do not typically showthe sarnesea-
Roorrelief throughout their full extent. However,the major reason for
thedifferenceinthe relief betweenthe Troughs and the Channels in the
Rift Zone here goesto the very nature of the Rift Zone itself. What has

beencalledin this Memorial the "Rift Zone" forreasonsof simolicit4i. a
zone whichinvolvesmovements more complexthan the pulling apart of
the subsurface of the earth. The movernentsalong th- Rift Zone also
involve shearing and wrenching and what are known as "strike/slipn

motions. AsFigure 2rather simply illustrates, in some parts of the Rift
Zone a pull-apart movementcreates a feature expressedgeomorphologi-
cally by a feature like the Malta Trough. Further to the east, however,
the rifting movement is more one of lateral shearing rather than pull-
apart, so that the resulting geomorphologicalfeatures appear sornewhat

less pronounced - like the Malta Channel - rather than as a deep
trough. As stated in Part 11of the TechnicalAnnex: "... the Malta-
'See PartsII andlII, TechnicAnnex.
YSet para.3.34 betowandfn. 1to p. 38 belowwhere theflanksof thescChannclsarc
dcscribedingrcatcrdetailincomparingthcmtotheso-called"valleinthe southerpart
of the PelagiBlock.
'SecPart II1 of theTechnicalAnnex.
'Infn.3 top.29 above,thetcrm "rift"is defined.1331 MEMORIAL OF LIBYA 51

MedinaChannelarea reflect[s] faultingof an importanceas great as in .
theareaoftheTroughs:theverticaldisplacementismerelyfar lessdueto

the nature of this typeof faulting.'"

C. The EasternBoundaryAlongtheEscarpments-Faul t one2

3.21 Theothergeomorphological element o pfrime importance to this
case,and whichrequiresa detailed analysisat this point,is the Escarp-

ments-Fault'Zone,whichinfact iscornposedofthreefeatures. Asnoted
above,this Zone formsthe eastern boundaro yftheRagusa-MaltaPlateau
in the north andof the PelagianBlockin the south. The featureon the
northisan escarpment runningfromapproximatelythe 37"301p Narallel
just offthe east-facingcoast of Sicilysouth-southeastwardto the Heron

Valley. It is knownas the Sicily-Malta Escarpment. A secondescarp
ment runs fromhere southwest along the easternedgeoftheMedinaBank
(and, hence,ofthePelagian Block),downtothe MelitaValley (approxi-
mately the33"301N parallel) and is knownas the Medina Escarpment.

From the Melita Valleysouth, the continuationof the southernescarp
ment no longer formsa marked morphologicalfeature but is known
becauseof its subsoilfaulting as the Medina-Misratah FaultZone. It
runsroughly towardMisratahon the Libyancoast. On the sea-bedthis
southernmostfeature is best describedas a declivityrather than as an

escarpment8.

3.22 The IBCM,the SlopeMap and the Sea-BedModel,as wellas

Maps 2 and 6, al1revealthese features formingthe Escarpments-Fault
Zone on the east with great clarity and showthis Zone tobe of major
geomorphologicalimportanceat least as far south as approximatelythe
33"301Nparallel. The Sicily-MaltaEscarpment,in fact, comprisesone
ofthesteepest,most pronounced featuresintheentireMediterraneanSea.

Totraverseit on footwouldinvolvevirtually a featofmountainclimbing.

3.23 Although the steepness of these Escarpments andthe depthsto

whichtheseafloordropsabruptlyareapparentfromthemaps, figuresand
model,it may be usefulto givethe relevantstatistics here:
'StePartIIof theTechnicalAnnex.p. 11-9.
'Secfn.2 top. 28abovefora dcfinitionof thegeomorpholotlrm"cscarpmcnt".
aInpara.3.06above,thcfindingof theCourtin theTunisia/Libycaseregardingthe
eastcrnlimitsofthe PelaBlockcontaincdinpara32ofthe Judgmenatrequotcd. Thc
fcaturcFormingthe easternboundaof the Biociscallcdthere the "Malta-Misralah
Escarpmcnt"thenameuscdby Libyainitsplcadingsinthcaseandthe"lonianFlcxurc".
thenamegivcnto this groupof ftaturtsbyTunisia.52 CONTINEKTAL SHELF

SICILY-MALTA ESCARPMENT
Maximum vertical drop: 3,200 rnetres

Length: Approximately 120-130
nautical miles
Inclination of slope: 1:4- 1:lO

MEDINAESCARPMENT
Maximum vertical drop: 1,200 metres
Length: Approximately 87

nautical miles
Inclination of slope: 1:7.7- 1:12

Despite thefact that the Escarpments-Fault Zone has been discussed here
in segments, it is interesting again to refer back to the figurein Annex II
(adapted from a figure of Professor Burollet) in which the feature is
shownas one singlefault or flexurerunning al1the way from Messina-to
Misratah.

3.24 To the east of the Sicily-Malta Escarpment lies the Ionian Sea
with ils Abyssal Plain. To the east of the Medina Escarpment and

Medina-Misratah Fault Zone is the Sirt Rise where the sea bottom is
deeperthan the sea-bedofthe PelagianSeaand, inthe north, considerably
more complex. Thisarea 10the east underlyingthe IonianSea isgeologi-
callyand geomorphologicallydifferentfrom the sea-bed andsubsoilofthe
PelagianSea, a fact that ernphasisesthat thecarpmentsand Fault Zone
constitute the physicalboundary between the Ragusa-Malta Plateau and

the Pelagian Blockon the Westand the Ionian seaflooron the east. Of
course, the Libyan coast continues eastward far beyond Ras Zarrouq,
wherethis physicalboundary roughlyends. The Sirt Basin-Sirt Risearea
of the IonianSea, which lies in front of that portion of the Libyan coast
east of Ras Zarrouq, is the physical extensionof the Libyan landmass in
that region of the Central Mediterranean'. As explained in Chapter 9

below,this area does not fa11for delimitation between Libya and Malta.

D. TheSea-bed and Subsoilof the PelagianBlockfrom
Libya Seaward

3.25 The starting point of the description and analysisof the sea-bed
and subsoilof the Petagian Blockis the Libyan coast, for it is.from the
coast that the continental shelf in the physicalas wellas the iegalsenseis
seen toextend. The part of the ~ib~ancoast bordering the ~~lagianSea
runs from Ras Ajdir on the Westto approximately as ~arrouq on the
east. The physicalappurtenance ofthe areas ofshelf lyingoffthiscoast to

'Sce. foexample, FINETTI,1.. "Structure, StratandaEvolutioofthe Central
Mediterranean",982.Bolltiino di Geofiica Teoricead Ap1982,Vol.34.1351 MBMORIALOF LlBYA 53

the Libyan landmass was thoroughly documented by Libya in the Tuni-
sia/Libyacase!. As the Court observedin its Judgment in that case, both
Libyaand Tunisia derivecontinental shelf title in the area of the Pelagian

Block from a natural prolongation commonto both land territories2.

3.26 Thearea of the Pelagian Blockwhichthe Court deemed relevant
in the Tunisia/Libyncase extended as far east as the line of longitude of
Ras Tajura and as far north as the parallel of Ras Kaboudia. A very
detailed study of this area was made by both Parties to that case and
presenled to the Court in their written and oral pleadings. The Court,

after examination of the evidence, concludedthat there were no geornor-
phologicalsubmarinefeatures that were relevantto determine the division
between the natural prolongations of those two Statesa. In the words of
the Court: "...the physicalstructure of the sea-bedof the Pelagian Block

as the natural prolongation common to bothParties does not contain any
element whichinterrupts the continuity of the continental shelf ...'".The
Court then went onto findthat there werenogeornorphologicalconfigura-
tions of the sea-bed that would evenconstitute a factor to be taken into

account in achieving an equitable delimitationS.
3.27 Without heregoingfurther into a legat analysisof these findings

of the Court, the important point for presentpurposesisthis:at least as far
east asthe longitudeof Ras Tajura, and at least asfar north as thelatitude
of Ras Kaboudia (the area deemed relevant tothe delimitation in the
TunisialLi case), the Court hasestablishedthe absenceofany sea-bed

features either relevant to determining the division between the natural
prolongations of the two States concerned, or constituting relevant cir-
cumstances to be taken into account in effecting a delimitation. Sothe
question now to be considered is whether that situation continues to per-
tain as the sea-bedisexarninedeastward and northwardoverthe Pelagian

Blockoutside the area considered relevantin that case.
3.28 Fromthe LibyanCoastthe shelf descendsverygentlytowards the

north6. The gentlenessof the slopeof this shelf fromthe shore can beseen
from the fi-uressetforth in Section 3.Bof Part 1of the Technical Annex.

I2BJ andthe Reply (TechnicalAnnexesNos. 4. 5. 6 and8) filcd by Libyain the Tuni-
sia/Libya case.
'ConiinenralShelf (Tunisio/LibyanArub Jamahiriyaj. Judgmenr,I.C.J. Reports 1982,
p.58, para.67.
aIbid.p.57. para.66.
'Ibid., p. 58,para.68.
Vbid., p. 64, pa80.
The cnsuingdescriptionmay be more fully understocdif the variousandsfigures
includednthisMcrnoriali,ncludingthe Technlnnex,theSlopcMapfoundinthepocket
sectionof VoIIIand theSea-Bed Mode!furnishedtothe Courtarccxaminedalongwith
thetext. A muchmoredetaileddescriptionof thisarcaofsea-bcdis foundinPaofthe
TechnicalAnnex.54 CO~NENTAL SHELF i361

These figuresindicate that the sea bottom slopesdown in a northerly
directionfromthe Libyan coast(at approximately the14"301Eline of
longitude, roughloppositeMalta) at a meaninclinationofonly1:179lto
the 100metre isobath, 9.7 nautical miles fromthe Libyancoast. This
meansthat forevery179metresofdistancefromthe shore, thedepthof
thesea-bed increasesbyonlyonemetreonthe average. Continuing outto
the 200metre isobathalongthe sameline,the inclinationisonly slightly
greater (amean inclinationof 193 or an angleof Oa4i'). If the same
measurementsare takenalongthe 15"E lineoflongitude (approximately
10 kilometresWestof Misratah) the meangradientout to the 200 metre
isobath(7.5nauticalmiles fromthecoast) is1:69,orlessthanonedegree.
Theseslopesareverygradual,ascanbeseeniftheyarecomparedwiththe
slopeof the Sicily-MaltaEscarpmentto the east of the Ragusa-Malta
Plateau,wheretheinclinationofslopeaverages a verymuchsteeper 1:5or

1:6,or withthe slopesof the Troughs andChannels ofthe Rift Zone.
3.29 TheareaofthePelagianBlocknorth oftheLibyancoastbetween
Ras Ajdirand Ras Zarrouq,therefore,isa rather gentlyinclineddepres-
sion. Topographicallyi,nfact,thisdepression begininlandoftheLibyan
coast and includesthe Libyan littoral northof the Gafsa-Jeffara fault
systemand the Jabal Nefusa (the JeffaraPlain). Thedepression,how-

ever,isnotsharplydefined, It hasa broad,gently slopingsurfacedevoid
of marked morphological relief.On the north, itcould be said to run
approximatelyto the 34"paralleloflatitudeat whichpointthe bathyme-
try beginstogetsomewhatshallower.On theeastit endsat the Medina-
Misratah Fault Zone.

3.30 Addingto its somewhat amorphousnature is the fact that this
depressionisknownbyvariousnames. TheCourt,ontheonehand,called
the southernportionof thisdepressionthe "TripolitanianFurrow" in the
TunisialLibyacase. TheIBCM, on theother hand,hasdivided itup and
giventhedivisionsdifferentnames. Thus,onthesouth,onefindswhatis
calledthe "TripolitanianValley". Furthernorthisthe"Jarrafa Trough",
continuedsoutheastwardsasthe"MisurataValley". Justabovethe"Mis-
urata Valley"onthe IBCM chartisthesmaller"MelitaValley". Totheir
north are foundthe "Melita Banks"and the "Medina Bank".

3.31 Examining eachof these features in turn, the "Tripolitanian
Valley"isseentostart southoftheJarrafa Troughat aboutthejunctionof
34" N; 13"Eandtodescendgraduallyina generallysoutheastdirectionto
about 14"E,where itturns morein an east/west direction and runsto
approximately 14O30'E w.elltotheWestofthelongitudeofRas Zarrouq.
Tothe northeast, theJarrafa Troughappears to run fromabout 35" N;
12" E in a northwest-southeast directioto about the14" E meridian.

'Enprcsscdin tctof ananglethireprcsenaninclinationO010'. t3TJ MEMOR~AL OF UBYA 55

where it becornesthe "Misurata Valley",a feature which runs southeast-
ward to the Medina-Misratah Fault Zone. At about the 34"N tatitude
the Melita Banks begin. Further east and somewhatto the north liesthe
Medina Bank, also visibleon Map 2. These rather more elevatedareas,
whichin fact start further to the Westwith the Lampedusa Plateau', have

been present thereincethe Cretaceous (approximately 100millionyears
ago). They are part of the zones ofelevation and subsidence that were
developedon the rim of the African continent paraIIel to the features of
the Africancoast at that time but, as the description in Part 1 of the
Technical Annex bringsout, there is notopographicallydiscernabledivid-
ing line betweenthe depression to the south and the higher arcas to the

north. On the east, the depressioncontinues as far as the Medina-Mis-
ratah Fault Zone where it mergesinto the Sirt Rise.

3.32 As for the Jarrafa Trough, it is a shallow depressionabout 60
kilometres longand 15kilometreswide. Forthe most part the Trough is
between 300and 450 metresdeep. Inasmuchasthe neighbouringareas of
the Pelagian Block are only slightly shallower, it can be seen that the
Jarrafa Trough itself is not readily distinguishable from its immediate

surroundings. The present-day geomorphologyof this feature is largely
the result of erosional factors.

@ 3.33 The last divisionof the broad depression depictedon the IBCM
chart, the "Melita Valley",is shown on the chart to run in a somewhat
diflerent direction from the other valleys. It trends roughly east-north-
east/ south-southwestand extendsalong the southern edgeof the Medina
Escarprnent. As the Slope Map illustrates, the Melita Valleyis gently

contoured.
3.34 Fromthisdiscussion,it isevidentthat the gentledepressioninthe

Pelagian Block situated north of the Libyan coast, however itmay be
dividedon the bathymetric charts,does not contain any marked features
which interrupt the euential continuity of the sea-bed. The sea-bed
descends verygradually in a northerly direction frorn the Libyan coast.
This makes itdifficultto substantiate the subdivisionsreferred to aboveon

the basis of bathymetry. As the Slope Map and Sea-Bed Mode1show,
evenifvertical exaggeration isernployed2,the sea-bed areas in this region
are alrnost smooth. If one were to cross on foot a similar area of
dry land, the "valleys" would not be discernable. In fact, these

--
'The "LampedusaPlateau" correspondsin general to thc area labtlled the "Tunisian
@ Plateauwon tIBCM.
'SecPartIVofthc TechnicAnnexforanexplanatiofthc useof vertical exaggeration. 56 CONTINENTAS LHELF (381

"valleys" seem to haveno visible flanksat all'. The gradualness of the
descent from various points along the Libyan Coasthas beenindicated in
paragraph 3.28above. It rnayalso be notedthat these offshoreareas are
inclinedveryslightly tothe east as well. Thus, in the southern part of the

PelagianSea, in the Gulf ofGabes,the sea-bed slopeseastward at the rate
of between 1 :1,500 (an angle of 0" 02' 17") and 1:650 (an angle ofO"
05'18")2. Off Misratah, the eastern declivity of the seafloor increases
sornewhat toa gradient ofabout 1:157(an angleof0"22') and the depth
of the water increases slightly to between 600 rnetres and 800 metres.

Evenhere, however,the sea-bedcan only be describedasrelativelyflatand
smooth3.

3.35 To the north of this wide, flat depression,lie the Melita and
Medina Banks and the Lampedusa Plateau. To visualise these banks,
reference ismadeto Figure 3 facingthis page. This figureisa srnall-scale
contour rnap where the geomorphology has been shownby the use of

colour rather than by hachure marks as wereused for the Slope Map. It
can beseenthat the elevatedarea ofthe Pelagian Blockto the north has no
abrupt features and is hard to definewith precision. The high represent-
ingthe area surroundingthe Melita Banks assumesa northwest/southeast
direction. It connects up with the Lampedusa Plateau to the northwest

and continuesto the sourheastto about 15"E. The parts calledthe Melita
Banksare composedof twoshoals less than 200 metres deep in the south-
east cornet of this elevatedarea.

3.36 A second, roughlysquare, area of elevationisfoundto the north-
east oftheseshoals. It runs northward fromabout 34"Nlatitude to about
3S0N. Its eastern limils are along the Medina Escarpment. To the
-north, it descendsabruptly into the Medina Channel. This raised area is

separated from the elevated area surrounding the Melita Banks by an
indentation of the seafloor that has a depth of slightly more than 400
metres butlessthan 500metres andtrends inthe samegeneral directionas
the Jarrafa Trough to its southwest - that is, northwest/southeast. The

'In conirasitshould be noted that to the north the Malra and Medina Channds can be
easilyseen. Sec.in thisconntction, para.3.19above. Forexarnple.the two-vallcys" in the
southare gencrallyofa gradient of 1:80-160or less,and anly ina fewplaces 1:40-80. The
southRankaf the MedinaChannel,whichforrnsthe northernboundtothe Medina Bank,
has a slopeof 1: 10-20and even in sorne places1:5-10. Similarly, the escarpment on the
northernBankof theMatta Channel parailcltaxisofGozoand the Island ofMalta and
ta their southwest hasa gradie1:5-i0. The foregoingcan bescen by examiningthe
SIt is again noted that a gradient of 1:1.500means in general ierms thai for every 1,500
rnetres of linear distance the depthof the sca-bed incrcases by one metre on the average.
Again,a moredciailed descriptionof the sea-kd areasofthesouthern PelagibeSearnay
foundin Part I of the TechAnnex whichanalysesthe gradien~sinvolvtdnoi onlyfrom
southto north alonglinesof longitude(14"30115"E) but alsofromwesitoeasfrom
the point of intersectionof 13"23'E(the longitude ofRas Tajura) and 33930'N to the
Medina-Miçratah Fault Zone. portionof this elevatedarea that is called the Medina Bank is definedon
@ the IBCM by the 200 metre isobath. It is roughly rectangular in shape

and it trendsnortheast/southwest.
3.37 From this descriptionit is apparent that the Pelagian Block'is a
geomorphologicalentity which,however it maybedividedup cartographi-
cally intofeatures such as the valleys,banks and troughs identifiedon the

@ IBCMmap, is in fact an area the physicalcontinuity of whichisunbroken
by any sea-bed features of any prominence. Whether the sea-bed is
viewedfromsouth to north or fromWestto east, its slopeisgradua1and its
contours are gently undulating.

E. Malta's Ceomorphologicaland Geological Links toSicily

3.38 The tight geomorphological connection betweenthe Maltese
Islands and Sicily can be seen on any bathymetric chart2. lt is well
establishedthat beforethe last (Flandrian) marine advance followingthe
most recent glaciation (Würms) - that is, between 16,000and 5,000
years ago - the sea level was between 120 and 140 metres below its

present level in this area of the Mediterranean. The British Adrniralty
charts show the si11depth' of the Ragusa-Malta Plateau as deeper than
@ 100metres but lessthan 110metres. The IBCM shows asilldepth of less
than 100 metres. In the absence of any evidence showingsubsequent
emergence (and the data point, if anything, to submergence) there seerns

little doubt that the Maltese Islands were connected by land to Sicily
during prehistoric and protohistorictimes. Takingthe200 metre isobath
as marking the general limits of the Ragusa-Malta Plateau tothe south
and Westand the Sicily-Malta Escarpment as marking its limits on the
east, the Plateau would cover a sea-bed area of approximately 14,000
square kilornetres. The Maltese Islands themselves comprise315square

kilometres.
3.39 In the geographical portionof this Memorial, the south coast of

Sicilywasexamined together with the underwater extensionof this coast
toward the south and southwest. The seafloor offthis coast of Sicily has
three distinct parts. ln the middle,a relatively narrow shallowarea ( 14to
15kilometres wide) slopesgenerallysouthwestjnto the Gela Basin,which
is the southern portion of the Sicilian Caltanissetta-Gela Basin. At each

end of thisBasin isan extensive plateau,connected by a seriesof smaller
Itisagainnoted(sccparas.3.06and3.07abovc)thatthcPelagianBlockisinthisified
Memorialasthe areaofshelflyingsouthof the RiftZoneand wcstof the MedinaEscarp-
mentandthe Medina-MisrataFaultZone.
@ 'SecMup 2 facinp.16andMap6 facinp.26,forexamplc.aswellastSca-BedMadel.
Wurm isalakeinGermany. Itisuscdasatcrbygcologiststorcfertothefourthglacial
stageOFthe PleistoceneEpochin the Alps.
'A si11somciimescala"saddle"isa marinegwlogicaltcrmrncaningasubmaridge
orriscatarclativclyshallowdepth,separatinga partlyclosedbasinfromanotherorfroman
adjacentea;e.gin theStraitof Gibraltar. 58 CONT~NENTA LHELF (401

banks such as the Madrepore Bank. These features are aligned in a
northwest-southeast directionand thus mark the northern lirni of the
Rift Zone1. In efîect, this alignment separates the Caltanissetta-Gela

Basinfromthe Rift Zone. The plateau lyingto the northwestof the Basin
is knownas the Adventure Bank. It represents a submarine promontory
of the southwest Coastof Sicily, and is separated by the Strait of Sicily
from Cape Bon inTunisia. To the east of the Gela Basin is the promon-
tory known as the Ragusa-Malta Plateau, an extension of the southeast
corner of the Sicilian "triangle". Together,these three features- the

Gela Basin and the promontories of the Adventure Bank and Ragusa-
Malta Plateau - constitute the geomorphological prolongationor exten-
sion of the Sicilian landmass, enlarging the Sicilian "triangle"ubstan-
tially toward the southwest but preserving its general shape and
northwest/southeast trend.

3.40 The Ragusa-Malta Plateau projectssouthward about 65 nautical
miles from the southeastern end of Sicily and is between 35 and 50
nautical miles wide from east to West. The Plateau extends east to the
Sicily-Malta Escarpment where it ends abruptly. The southwest side of

the Plateau beyond the Islands of Malta and Gozo falls sharply into the
Maita Trough. To the south, the PIateau ends at the Malta Channelg
which is a geomorphologicaland geological continuation of the Malta
Trough.

3.41 The present-day morphologicallink between Malta and Sicily is
underscored by the geological kinship betweenthem. The subsoilof the
Islands ofMalta and Gozo is part of the structurally high area which is
known geologicallyas the Ragusa Platform and which,as a geomorpho-

logicalentity,has been called herethe Ragusa-Maita Plateau. The con-
nection betweenMalta, the Ragusa Platform and southeast Sicily is well
established through sirnilar rock types and the comparable thickness of
rock formation?.

3.42 Structurally, alt t asa horst forrnedas a result of shearing and
extensional movements alongthe Rift Zone whichalsocaused the forma-
tion of the graben manifested geomorphologicallyas the Malta Trough.
In geological terms, these events occurred relatively recently, as they
began during the Middle to Upper Miocene period, withMalta emerging

lessthan 10 million years ago4.
'Sec para.3.13 abovcandMap 6 facingp.26.
Manymaps,suchasthcBritishAdmiralty Charts. plahealtaChannelnorthofMalta.
@ Howcvcrt,heIBCMplacesittothesouthandthisseemsclearlytoaccordwiththegcomor-
phology. It rnaybcthatplacingthc MaliaChannelnorthof Maltabcttcrrcflcctsthc fact
thatthe principalcast/wcstshippinglancsarcnorthof Maltaon its Esidc.an
'Sce PartIIand IIIof the TerhniralAnnex.
'bru IIand IIof the TechnicAnncx go intomoredetailon the geological historoyf
Malta. See fns3and4 to p. 30 Tordcfinitionsof thcse tcchnicatlcrms. 1411 MEMORIAL OF LIBYA 59

3.43 The fault trends on Malta itçelf are also important in thcon-
@ text. .Referring to Map 6 facing page 26, it is again noted that the
direction of the axis of the Maltese Islands is distinctly north-
west/southeast. This trend isatso reflectedby the southwest-facingcoast

ofSicily andbythe Rift Zone. As noted in paragraphs 3.17through 3.20
above,the trend continues towardthe east where it controls the channels
separating the Medina Bank and the Ragusa-Malta Plateau.

3.44 There is a major fault dong the southeast coastof the Island of
Malta, the Malak Fault, which trends northwest/southeast and has a
relativevertical displacementof at least 240 metres. A similar fault lies
about 18 nautical miles off the içland'ssouthern coast and strikes in the
samedirection. Theseobservedfaultsthus followthe "grain" ofthe Strait
ofSicily'. A secondary faulttrend characterisidg the northern portionof

the main Island of Malta as well as Gozo is illustrated by the Victoria
Lines Fault. This feature is aligned east-northeast/west-southwestand
has a relative vertical displacement ranging from 100 200 metres.

3.45 The fault structure of southeast Sicily also refiects these two
basic fault trends, oneparallel to the "grain" of the wholeStrait of Sicily,
the Rift Zone, the axis of the Maltese 1slands.and the southwest facing
coast of Sicily; the other being roughly perpendicular and generally
subordinate to it. This is further evidence of the close geologicalties
betweenMalta and southeast Sicilyand underscoresthe importanceofthe

geomorphological link mentionedabove. Figure No. 7 in Part III of the
Technica Annex also graphically demonstrates this Malta-Sicily link by
showingthe relativelyunfaulted area betweenMalta and Ragusa in com-
parison to the verymarked fault zone tothe south of Malta a1ongthe Rift
Zone.

Conclusions

Only a fewconcluding points needto beadded to supplernentthe
3.46
foregoing geomorphologicaland geologicaldescription of this area of the
Central Mediterranean. Nothing further need be added at this stage
about the features that form the easiern baundary of the Ragusa-Malta
Plateau and the Pelagian Block, that is the Escarpments-Fault Zone,
consisling of the Sicily-Malta Escarpment, the Medina Escarpment and
the Medina-Misratah Fault Zone. The geomorphology of the escarp
ments speaksfor itself. They constitute a major discontinuityin the-

bed. Moreover, the findings of the Court cited above represent what
'Seepara.2.2above. 60 CONTINENTAL SHELF

Libya understands to be a non-controversial conclusion: these Escarp-
ments and the Fault Zone mark the eastern limits of the Ragusa-Malta
Plateau and the Pelagian Block'. To the east is a quite different geomor-
phologicaland geological region.

3.47 Regarding the sea-bed area of the Pelagian Blocknorthward of

the Libyan coast as far as the Rift Zone, the preceding paragraphs of this
Chapteras wellas Part 1ofthe Technical Annex - well-illustratedbythe
@ IBCM, the Slope Map and the Sea-Bed Mode1 - have shownthat this
area as far east as the boundary of the Pelagian Block formed by the
Escarpments-Fault Zone is devoid of physical features that could be
regarded as significant or in any way approaching discontinuities of the

sea-bed interrupting the natural prolongation of Libya northwards from
itscoast acrossthis area of continental shelf. In fact the area south ofthe
Rift Zone (the Pelagian Block) topographicallyincludesthe Jeffara Plain
ofLibya. Its closecorrelation withthe Libyanlandmass,morphologically
and geologicallyhas already been notedin paragraph 3.25 above2.

3.48 As 10the close geomorphological tie of Malta to Sicily from
which il physically projects, poised as the Maltese Islands are on the
southwest edge of the Ragusa-Malta Plateau, a lookat any of the bathy-

rnetric maps and figures will sufficeto make the point. In the previous
section it has been shownthat this geomorphologicallink is reinforced by
the closegeological connection betweenMalta, the Ragusa-Malta Plateau
and Sicily.

3.49 With regard to the Rift Zone, certain summary points may be
made involvingits extent, its present-dayffect,the reiationship between

ils tectonic activity and present-day geomorphology,and a cornparison
betweenit and other features inthe Pelagian Block. What issaid here in
paragraphs 3.50to 3.53belowisdocumentedbythe notesin the Technical
Annexand related illustralive figuresappearing either in the body ofthe
Memorial or with the technical notes.

3.50 As to physicalextent, the Rift Zone is apparent on the sea-bed
and in the subsoil fromthe Strait of Sicily between the Adventure Bank
and Cape Bonal1the way southeast and east to the Heron Valleywhich

divides the two escarpmenls. The Zone is no lesssignificant along the
Medina and Malta Channelç than where the geomorphology reveals
deeper troughs, as in the case of the Pantelleria, Maita and Linosa
Troughs. Although this Rift Zone can be discerned on the basis of
present-day sea-bedmorphology,an examination of the subsoilisconclu-
sive. This shows clearly a Rift Zoneof sizeable proportions, a part of

See para3.07above.
'Sce fn.1tap. 35.1431 MEMOR~AL OF LIBYA 61

whichruns alongthe Malta and Medina Channelssouthof Malta. Scien-
tific data confirm that it continues on to the east, north of the Medina

Bank, to the Heron Valley,where the Rift Zone dividesthe two Escarp-
ments and links up with the Medina (Malta) Ridge. The presence of
young volcanismalong this Zone, including a volcanicmount betweenthe
Malta and Medina Channels ai approximately 35" 30'N; lSOE',is added

confirmation of the continuity of the Rift Zone from the Troughs, with
their volcanics,to the Medina (Malta) Ridge whereyoung volcanismis
also present2.

3.51 The present-dayaspect of the Rift Zone isthe secondconclusory
point to discuss. The Rift Zone isstill activetectonically. This ishown
by the presence of volcanic rocksat shallow depths as well as by other
factors that are discussedin the technical notes in the Technical Annex.

Some scientistsbelievethat a plate boundary isdeveloping acrossthe Rift
Zone3. AI1agree that it isboth activeandof major structural significance
and that it constitutes a fundamental discontinuity of the sea-bed and
subsoil.

3.52 From this it maybe concluded that the present-day contours of
the sea bottom - along the Troughs and along the ~hannels that

geomorphologicallyreveal the Rift zone - are the result of recent and
current rifting activity. There is an important correlation between the
subsoil rifting and the configuration of the sea-bed, thus pointing upthe
significanceofthesea-bed featuresofthe Rift Zone. The rifting alongthe

Rift Zone ismanifested al1the way to the surfaceand the displacernentis
sizeable. In contrast, south of roughly the 35ON parallel, the faulting
generally is no longer activeand does no1afïect the contours of the sea-
bed, which have been shaped by erosional factors. This area is now
relativelyquiescent. Thusthe Rift Zoneisyoung geologicallyand contin-

ues to stretch and shear the crust of the earth and deform the subsoiland
sea-bed. To the south, on the Pelagian Block, the depressionwhichgeo-
logicallyshouldbe viewedas'asedimentary basin, isgeologicallyold (the
rifting having ceased nearly100million years ago). The geomorphology

of the sea-bed there is nowgently contoured as a result of other factors
such as erosion. The old faults in this sedimentary basin have nodirect
'See para3.t6 above.
'Scepara.3.16aboveandPartsIIandIIIoftheTechnicalAnnexfora furtherdiscusofon
the significanceof volcanism.
See PartII,para.2.08 of tTechnical.4nnex. Sec aDEWEY ,.F.;PITMAN W,.C.;
RYAN. W.B.F .O;NNINJ,.,"PlateTectonicsandtheEvolutionoftheAlpineSystcm,"Ceol.
Sm. Amer. Bull.Vol.84. 1973. pp. 3137-3160at p. in3which appearafigurethat
suggeststhat a micro-plate,edthe "McssinaPlateon whichMaltaand the Ragusa-
MaltaPlateau arelocatciintheprocessof formation. (A copyof thisfigureisattached
asAnnex 12.) Theviewthata micro-plate boundyaybt devclopingalongtheRiftZone
isreinforcby thewnclusionsof ProfessorFinetti,set forthin hissummarytechnicalnote
in PartII!of thTechnicalAnnex.62 CONTINENTALSHELF [MI

bathymetricexpressionunlikethe faulting in the Rift Zone which is
offsetting'andaffectingthesubsurface formations aswell as thesurfaceof

thesea-bed.

'Thctcrm *offsetnreftrsto horizontalrverticacamponeno tfdisptactmcntInthe
RiftZone.themagnitudeofoffsetof individufaultexccedont kilomctrc. CHAFTER4

THE BACKGROUND OF THE DISPUTE

A. LegislativeandHistoricalBackground

4.01 The purpose of this Chapter of the Libyan Memorial is to
examinethe background, sourcesand developmentof the dispute between
Libya and Malta concerning the delimitation of the continental shelf
which is the subject matter of the present proceedings. The main topics

with which this Section deals are legislation, the history of concessions
granted by the Parties and diplornatic exchangesbetween them up to the
date of conclusionof the Special Agreement. These topicsare discussed
under the headings given in the Table of Contents of the present
Memorial.

4.02 The discussionin this Chapter has been'keptas short as possible:
but documentation has been included in the Annexes;which may go
beyondwhat isstrictly requiredat the present stage. Itishoped.that this
will prove to be for the convenienceof the Court and of both Parties.

1. MaritimeLegislation of Malta

4.03 The Fish Industry Act, 1953, provided forthe regulation of

catching, landing and sale of fish'. The Act wasenacted "by the Queen's
Most ExcellentMajesty, by and with the adviceand consentof the Legis-
lative Assemblyof Malta", which procedure indicatesthe degree of pro-
gress towards self-governmentachieved by Malta at that tirne. The
definitionof "Malta" in Section 2 of the Act is worthy of note: it reads

" 'Malta'meansthe Islandof MaIta and its Dependencies". BySection4,
a "foreign fishingboat" (meaning one not registered in Malta - Section
2) was prohibited from fishing or attempting to fish "while the boat is
within the territorial waters of Malta". At the date of the Act, the
territorial waters extendedto three nautical miles. The powers ofcontrol

of a Fishery Officerover foreign fishingboats were, by Section lO(1) of
the Act, also restricted to "any foreign fishing boatwhenwithinterritorial
waters'".

4.04 On 5 March 1958,the Legislative Assemblyof Malta paçsedthe
Petroleum (Production) Act, 19583which vestedin the Government of
Malta the property in petroleurn and natural gas "within these Islands".
/
Accordingto the definition inSection 2, "in this Act...'Malta'meansthe
'A copyof the Fish lndustry Act. 1953is aitacAnnexs13.
"ut seeAnnexes17.18. 19and 20 and paras. 4.08-4.11below.
A copyof thiAct is attachas Annex14/11).64 CONTINENTAL SBELF r46]

Island of Malta and its Dependenciesand the land underiying the sea
waters adjaining the same"'.

4.05 As notedabove,Malta becarneindependentin 1964. On 22July

1966,the Houseof Representativesof Malta, acting under the newconsti-
tution, passedthe Continental ShelfAct, 1966"to makeprovisionas tothe
exploration and exploitationof the continental shelf and for rnatters con-
nected withthose purposes2." BySection 2 of the Act, Malta was given

the same meaning as in the Constitution of Malta3.

4.06 BySection3(1) ofthe 1966Act, any rights exercisablebyMalta
with respectto the continental shelf and its natural resourceswere vested
in the Governmentof Malta. Byvirtue ofSection 3(2) and the Schedule
to that Act, the definitionof "the continental shelf' whichappeared in the

Petroleum (Production) Act, 1958,wasdeleted and the continental shelf
was rernovedfrorn the operation of the 1958 Act and, "in relation to ...
petroleum", brought within the operation of the 1966 Act which appar-
ently becarne the governing legislation with respect to the continental

shelf4. Section 2 of the 1966 Act provided:

" '[T le continental shelf means the sea bed and subsoilof the
subrnarineareas adjacent to the coast of Malta but outside territo-
rial waters, to a depth oftwo hundred rnetersor, beyondthat limit,

to wherethedepth ofthe superjacent watersadmitsofthe exploita-
tion of the natural resources of the said areas; so howeverthat
where in relation to states of which the coast is opposite that of
Malta it isnecessaryto determine the boundaries of the respective

continental shelves,the boundary of the continental shelf shall be
that deterrnined byagreement between Malta and such other state
or states or, in the absenceofagreement, the median line,namelya

'The other definitions in Section 2 and the provisionsof the Act with respect to "the
searching and boring for and getting of petroleum and natural gbementioned as
necessarybelow. The Perroleum (Production) (Amendment) Act of 1965amended thc
definition ofMalta that appearedin Section2 of the 1958Act t-'Malta'meansthe
underlyingterritorial waters andthe continentalshelf." provideda dtfinititheof,the land
continentalshelfas follows:"'the continentalsheli'meansthat part of theseabed andsubsoil
of the submarine areas adjacent to the coast of Malta but outside territorial watersover
which Maltaisentitlcd by internatianataexercisesovcreignrights for the purposeof
exploringt and exploitingitsnatural resources". (A copyof thiçAmendmentisattached as
Annex 14(bJ.)
'A copyof lhis Act is attached as An15.
aThisdefinitionwas:'Matta meansthe lslandof Malta, the lslandofGozo.andother islands
of the Maltesc Archipelago including the territorial waters thereof."
'BySection3(2) of the 1966Act. in that section, "petroleum"has the same meaningas in
the Petroleum (Production) Act, 1958," 'Petroleum'means al1natural hydrocarbons
liquidoraseousincludingcrudeoil, natural gas, asphalt,ozokeriteand cognatesubstances
and natural gasoline." line every pointof which is equidistant from the nearest points of
the baselines from whichthe breadth of the territorial waters of
Malta and of such other state or states is measured;

" 'Malta'hasthe samemeaningas isassigned toit by section 126
of the Constitution of Mülta;

'"natural resources' means the mineral and other non-living
resourcesof the sea bed and subsoilas wellas the livingorganisms
belonging tosedentary species."

It willbe necessary later in the present Memorial to compare this defini-
tion withthe provisionsofthe 1958 Geneva Conventiononthe Continental
Shelf, but similaritiesand differencescannot escapeattention evenin this
statement of facts'. An obviousand basic distortion of the text of Article

6 of that Convention is the sole relianceon equidistance and omissionof
any reference to "speciai circum~tances"~.

4.07 By the Petroleum (Production) Regulations, 1969, the Petro-
leum Regulations 1958were revokedand replaced3. The 1969 Regula-
tions providedfor productionand exploration licencesand included,in the
First Schedule, a formof application for a production licenceor an explo-

ration licence; in the Second Schedule, model clauses for production
licences; and, in the Third Schedule, model clauses for exploration
licences. The text of the 1969 Regulations (without the Schedules) is
attached asAnnex 16hereto. The application of theseregulations willbe
mentioned as necessary in Section (B) below. In particular, reference

willbe made 10the Prime Minister's Notice(L.N. 41 of 1973)'issued for
purposes of Regulation 4 of the Petroleum (Production) Regulations,
1969. In that Notice, the Prime Minister of Malta invited applications
for Production Licencesin respect of sixteen blocks offshore south of
Malta, describedinthe Scheduletothe Notice, and gavea summary ofthe

basic considerations which the Prime Minister had decided torequire in
respect of licencesgranted in responseto applications.

4.08 By the Territorial Waters and Contiguous Zone Act, 1971,the
temtonal waters of Malta were extended from 3 to 6 nautica1 miles
"measured from low-water mark on the method of straight baselines
joining appropriate points 5" (see section 3 (1) : but, by section 3(2) of

'Fora moredetailtd analysisof thesc differences. ses.29through9.38 below.
It shouldbe notedhere thatLibyais not a partyto the 1958Geneva Conventithean
ContinentalShelfanddoesnotconsidcrthatArticle6ofthat Conventionexpresseasrule
of custornaryinternationallaw bindingonit.
See Regulation of the 1969 Regulatio, copyof whichis attachas Annex 16.
'SecAnnex 42.
'Todate.Libyahasnot bccnabletodeterminepr~isclywhatthcsc"appropripoints"arc
inasmuchas thcydo notappeartbcspccifieinanyMalteselegislationorregulation. (A
copyof this AcisattachedasAnnex 17.)66 CONTINENTALSHELF 1481

that Act, for the purpose of laws relating to fishing,the territorial waters
of Malta were extended to 12 nautical miles "from the baselines from
which the breadth of the territorial waters is measured". Section 4
declared a contiguous zone extending 12 nautical miles from the same
baselines mentionedjust above.

4.09 Bythe Territorial Waters and Contiguous Zone (Amendment)
Act, 1975 the breadth of the fishery zone and the contiguous zone were
extendedto 20nautical milesbyamendment ofSections 3(2) and 4(2) of
the 1971Act'. In aletter dated 10November 1975 fromthe Permanent
Mission of Malta to the United Nations addressed to the Secretary-

General, a request was made for the circulationof acopyof the 1975Act
to al1States Members and Observersof the United Nations. That Act
was said in the letter to concern "the extension of Malta's territorial
waters to 20 nautical miles"2.

4.10 In 1978,twoyears after the signature of the Special Agreement,
the maritime limitsof Malta wereagain altered by the Territorial Waters
and Contiguous Zone (Amendment) Act, 197X3.Its effectwas described
in a letter dated 1September 1978fromthe Permanent Missionof Malta
to the Secretary-General of the United Nations, for the information of
States Members and Obsewers4. The letter said:

"This amendment, which has to be read and construed as one
with the Principal Act [see Annex 17 hereto], has for its effect:

(i) The extension of Malta's territorial waters to 12 nautical
miles measured from low-water mark on the method of

straight baselines joining appropriate points.

(ii) The extension of the contiguous zoneto 24 nautical miles
from the baselines fromwhich the breadth of the territorial
[sic] waters is measured.

(iii) The extension of the exclusive fishing zoneto 25 nautical
miles from the same baselines."

4.11 In 1981,the Territorial Waters and Contiguous Zone Act, 1971
wasfurther amended forthe purposeofconferringpowersof regulationon
the Prime Minister. This was achieved by the Territorial Waters and

Contiguous Zone (Amendment) Act 198 1which inserteda newSection 5
'A copyof the 197Amendment isattachcdas Anncx 18(a).
'A copyof thisletteris attaasAnnex 18(bJ.
'A copyof the 1978Amendmentis aitachedas Annex 19(a).
'A copyofthislettciattachedas Annex 19(bJ.i491 MEMDRIALOF LIBYA 67

intothe principalAct '. Although the intention isnot immediatelyappar-

ent, it seemsthat the purposewasto givethe Prime Minister the relevant
powersnot only inrelation to Malta'sterritorial waters (strictosensu) but
also in relation to the "fishery zone"and the contiguous zone.

2. MaritimeLegislationof Libya

4.12 The peopleof what nowforms the territory of Libya havetradi-
tionally lookedseaward tothe north acrossthe Mediterranean Sea. Like
other people livingalong the North African coast, they have beeninter-
'
ested in fishing, especially sponge fishingi,n the waters to the north with-
out any particular regard for limits such asthose of the territorial sea.
There has longbeen a natural tendencyto definethe limitsofjurisdiction
by lateral boundaries running northward sometimeswithout precisionas
tothe northern limits ofjurisdiction whether of Tripolitania or Cyrenaica

or, in modern times,ofLibya. The historyoflegislative measuresapplica-
ble to the territory illustrates this fact, which may have somebearing on
delimitation as between Libyaand States lying on the other side of the
Mediterranean.

4.13 It issufFicient,for present purposes,to beginwithmeasurestaken
by Italystarting in 1911,at the timeofthe Italianoccupation ofTripolita-

nia, and to indicate subçequent measuresvery briefly. lncidental to the
occupation, the ltalian Government declared a blockade on the Tri-
politanian and Cyrenaican coast, boundedin the westby Ras Ajdir and in
the east by Mersa Matruh. The Declaration was madewith respectto the

littoral betweenlongitudes 11O 32'and 27" 54'east of Greenwich2. The
clear indication wasthat the limit ofthe blockadeseawards lay alongthe
meridian, that isto Saydue north, but the northern limit was not specified.

4.14 By ltalian Royal Decree of 4 February 1913, No. 85,a 12-mile
customs zonewas made applicableto Libyan watersa. This limit wasnot

adopted for fishingpurposes:but a Royal Decreeof 27 March 191 3, No.
312, promulgated a reserved or exclusive fishing zoneoff the coasts of
Tripolitania and Cyrenaica. This was the principal legislation on the
subject, but it was amended and supplernented by a number of Italian

measures between 1913 and the date of independence in 1951. These
measures are detailed and complicated and the text of the 1913 Royal
Decree isgiveninAnnex 23. The general picture created by that Decree
and the other measures isof different zonesfor different fishery purposes,
with the seaward lirnits not always beingclearly defined.

'A copyof the 1981Amendmentis attachtdas Annex20.
'ItalianDeclaratiof 2September 1911inRivisfadiDiritlo Inrernazio, 912p557.
A copyof this Declaration is attasAnnex21. Theamendment of19October1911
seems10 havenorelcvancchtreand hasbeenomittcd.
'A copy of the Decrccis attacasAnnex 22.68 CONTlNENTAL SHELF [50]

4.15 The position wassomewhat clarifiedby the "Instructions for the
Surveillanceof Maritime Fishing in the Waters ofTripolitania and Cyre-

naica", issued on 16April 19 19'. These lnstructions drew a distinction
between the lirnits of territorial waters intended as established at three
marine miles from the coast and sponge colonies. This distinction is
expressed as follows inparagraph 2 of the lnstructions:

"2. The lirnits of the territorial waters are to be intended as
established at three marine milesfrom the coast. It is howeveran
accepted principle that al1sponge coloniesfronting the coast and
extending without interruption even beyond the three miles limit

constitute territorial waters and thereforespongeand coral fishing
on suchspongecolonies, regardlessof howfar they extend fromthe
coast, must be subjected tothe concessionof the proper permit."

The 1919Instructionsdid not otherwisedefinethe area or seaward extent
of the "sponge colonies". Nevertheless,thejudgment of the Zuara Court
of 2 September 1913 givessome indicationof the potential extent of the
"spongecolonies"to seaward, i.e.over25milesfromthe beach ofTripoli-

tanja in the area in question near the border withTunisia. This irnplies
that the authorities in Tripolitania were claiming fishing jurisdiction
(albeit of a limited kind) at least25 miles fromthe coast.

4.16 The extent of fishery jurisdiction claimed under the Italian
regime appears from the Italian Instructions for the supervisionof mari-
time fishing inthe waters of Tripolitania, No. 5247 of 25 June 19312.
Attention is called to Article 3 paragraphs ( I) and (2), whichdefinethe

limitsof the areas in which relevant legislationwas to be applied by the
Italian Navy. Paragraph 2, which asserted the establishment of a sea
border line between Tripolitania and Tunisia "by an approximate north-
north east bearing from Ras Adgir" isof no particular importance in the
present context. It is, however, worth notingthe distance seaward as
definedin paragraph (1). whichwith the introductory passage of Article
3, reads as follows:

"(art. 3)- Toimplement therulesand ascertain the related infrac-

tions the Authorities indicated in art. 2 work in unison with the
Royal Navy, with the Revenue Ofice and with al1other officersof
the policeforce. Basedon these provisionsand on the gubernato-
rial instructions of April 16, 1919, which are replaced by these
provisions,the Royal Navy ships that go on a cruise or that are
sailinginthe watersof the Colonymust carry ondirect surveillance

of fishingoperations, keeping in mind that:
'A copyor ihcse InstructisattachcdasAnncx 24.
'A copyof thcse lnstructionsisartachcdas AU.rxPl1 MEMORIALOF LIBYA 69

1) the validityof the fishinglegislationextendsto the verylirnitof
the territorial waters,that istoSayupto 6 miles fromthecoast, but

it is understood that al1the sponge algas that face the coast and
that extend without solutionof continuity even past the limits of
the territorial waters, at whateverdistance they might be from the
coast, are considered as being included in the territorial waters."

4.17 For purposesother than fisheries,ltalian measures adopted other

tests for the exercise of jurisdiction to seaward from the Libyan coast.
The indefinite extensionseaward of the blockade by the Italian Dedara-
tion of 1911 has already been mentioned in paragraph 4.13 above'. An
Italian Royal Decree, No. 85 of 4 February 1913, declared as part of the

maritime customs zone, for the purposesof customs surveillance,the sea
within twelve miles(22,224 metres) from the shore along the coast of
Tripolitania and Cyrenaicaz.A 12-mile zonewas also used forcustoms
purposesin the Royal Decree No.402 of 18March 1915'. A similar 12-
mile zone wasused for purposes of neutrality legislation in the Royal

Decree No. 595 of 6 June 1940'.

4.18 When Libya became independent on24 Decernber 1951, Italian
legislativemeasures in force at the time continued in force subject to any
measures subsequently enacted by the Government of Libya5. By Law
No. 2 of 18 February 1959,the breadth of Libyan territorial waters was

fixedat twelvenautical miles6.

4.19 In 1959,Libyaenacted a newlawto governfishingfor sponge off
the Libyan coasl (Law No. 12 of 1959'). The Law permitted fishingfor
sponge only in specified areas (Article 1) and prohibited anyone from

fishingfor sponge withouta licence forthat purpose (Article 2). Article
5 restricted fishing in the areas specified to ships registered in Libya,
although, foreign vesselsmight be licensed to fish in accordance with a
treaty in which Libya, had entered. The Law did not specifythe areas.

As regards Tripolitania, this was done by Decision No. 1 of 1960 and
DecisionNo. 1of 1961'. Thesedecisionsspecifiedthe areas bymeridians
of longitudealong the coastand did notdefinethe distance seaward. This
was left to depend on the existence of sponge beds OITthe coast. Some

indication of possibleextent seaward is given by Article 24 of the Law
whichprohibited fishing bycertain methods using divers indepths ofwater
'See Annex 21.
'See para.4.14abaveandAnnex 22.
aA copy ofthis Dccree aitachedasAnnex 26.
'A copy ofthis DecreisattachcasAnnex 27.
'See Article210OCthe LibyanConstitutio, copyof whichis attachasAnnex 28.
'A copyof Law No. 2 of 1959is attachasAnnex 29,
'A copyof LawNo. 12of 1959 isattachedasAnnex 30.
'A copy OCtheseDccisionsisattachedaAnnex 31. 70 CONTINENTAL SHELF P21

exceeding 10, 35 or 60 rnetres - the last-mentioned applying to the
methodof Al-Scavendor. Thus the claim to exercisecontrol seawardwas
not specificallydetermined but mightxtendbeyondthe 60-metre isobath.

4.20 Important legislative measures wereadopted by Libya in 1955
concerning the exploration for and exploitation of petroleum in Libya.
On 21 April 1955, Libya issued Petroleum Law No. 25 of 1955 (the
"Petroleum Law") which was publishedinGazette No. 4 on 19June 1955
and becameeffectiveon 19July of that year'. In accordancewith Article

24 of the Petroleum Law, Petroleum Regulation No. 1 thereunder (the
"Petroleum Regulation") was promulgated on 16 June 1955 and pub-
@ lished, together with an officialrnap of Libya entitled "Map No.lu, in
Gazette No. 7 on 30 August 1955*. The Petroleum Regulation alsocame
into force on 19July 1955.

4.21 The Petroleum Law and the Petroleum Regulation provide the
basis forthe explorationand exploitationofl1petroleum in Libya bothon

land and offshore. By Article 1 of the Petroleum Law, al1petroleum in
Libya in its natural state isthe propertyhe Libyan State and no person
shall explore or prospect for, mine orproduce petroleurnin any part of
Libya unlessauthorised by a permit or concession issuedder the Petro-
leum Law. Forthis purpose, Article 3 dividesthe territory of Libya into
four petroleum Zones. Twoof these, the First and Second,comprisethe

Mediterranean Coastof Libya fromthe frontier with Tunisia tothe fron-
tier with Egypt. Al1four Zones are described inArticle 2 of the Petro-
@ leum Regulation and identified on Map No. 1 attached thereto. That
map also indicales boundaries which were projected seaward from the
frontier points.n the present case, the precisedirection ofthe projection
isnot consideredtobeofdirect relevance. On the other hand, significance

doesattach to the indefinite prolongatioofthese linesand the fact that
nonorthern boundary of the Zonesis indicated. Itis clear that the claim
of Libya does not terminate at the edge of the rnap which runs approxi-
mately along the parallel 34"North. The indefiniterxtent of the Libyan
ciaim seawards also appears from the description of Zones 1 and 2 in
Article2ofthe PetroleurnRegulationwhichincludesinthe Zonesareas of

"high seas contiguous thereto under the control and jurisdiction of the
United Kingdomof Libyaa". It isapparent that, in 1955,theseareas were
regarded as.extending beyondthe arbitrary line formed by the northerly
edge of the rnap but, at that time, Liwas notin a positioto definethe
northern boundary of its "control and jurisdiction"cause it recognised
that boundaries had to be agreed with other States.

'A copyof the PetrolçumLawis attachedas Annex32.
'A copyof thPctroleuRegulatioand of Map No. 1is attacasAnnex 33.
'Iishouldbenotedthaon 1 Sep. 1969 Libyabecame tLibyanArab Republic. On
2March 1977itwas proclaimedthe SocialistPeoLibyaArablarnahiriya. 1531 MEMORIAL OF LIBYA 71

4.22 A sirnilar conclusion may be drawn from Paragraph (1) ofArti-
cle 4 of the Petroleum Law,which provides as follows:
"This Lawshall extend tothe seabed andsubsoilwhichlie beneath

the territorial waters and the high seas contiguous thereto under
the controlandjurisdiction ofLibya. Anysuchseabedand subsoil
adjacent to any Zone shallfor the purposesof this Lawbedeerned
to be part of that Zone."

The referenceto the "seabed and subsoil whichlie beneath ..the highseas
...under the control and jurisdiction of Libya" is obviously a referenceto
the Libyancontinental shelf - again without anyattempt at definitionof
the northern boundary.

4.23 The Petroleum Law and the Petroleurn Regulation (as
arnended') thus providethe necessary legislativeauthority forthe grant of
concessions, or their equivalent, to explore for and exploit petroleum
resources anywhere within Libya, including its continental shelf. It was

in accordance with these measures that the Libyan "concessions"men-
tjoned below were granted.
B. TheEmergenceof the Dispute (Diplornatic Histo arnd the

Grantof Concessions)
4.24 In the present case, although the dispute came to a head as a
result of conflicting petroleum concessions granted by the Parties, it
ernergedoutofdifferencesofviewregardingthe principles of international

lawwhich should governthe delimitation of the continental shelf between
Malta and Libya. Malta has persistentlyadhered strictly to "the Median
Line", i.e.,the "principle" of strict equidistance. Libya, on the other
hand, has taken the viewthat, inthe circumstancesofthe verysmallisland
groupof Malta, and the large continental State of Libya withits extended

coastline on the southern side of the Mediterranean, the "equidistance
principle" is whollyinappropriate and inapplicable. Froman early stage,
Libya has taken the viewthat the solutionshould be fair and reasonabie,
taking fully into account the circurnstances of the particular case.

4.25 The attitude of each of the Parties is shown by the legislative
measureswhich ithas taken, its positionin negotiations andits actions to
giveefi'ecttoits petroleumpoliciesinoffshoreareas. The relevant legisla-
-tivemeasuresofthe Parties have beenoutlinedin SectionA above. It now

'There havebeennumerousarnendments,but ithas not been considered necessarytoburden
the Mernorial with aofthem. To avoid confusion,however,it may be noted that the
"Petroleurn Commission"and the "Chairmanthe Commission"for which provision was
the "Minister of Petroleum"by Articles2 and 7 of Lof16July 1963. Bydecision
of the Ceneral Secretary af the General PeopleCongresof1979,the "Ministry of
Petroleurn"and the "Minister of Petroleum" were replacedby the "Secretariat of Oil" and
the "Secretary of Oil" respectively. 72 CONTINENTALSHELF Cs41

remains to describe the negotiations and the action taken by the Parties.
Since these two aspects of the history are closely related, the facts are
givenbelowas far as possiblein chronologicalorder. It ishopedthat this
method will providea clear picture of the conduct of the Parties and the
way in which the present dispute ernerged.

4.26 Asjust indicated, the basic legislationof Libya is to be found in
the Petroleum Lawand the Petroleum Regulation '. These, together with

@ Map No. 1 attached to the Petroleurn Regulation, show that Libya
regarded the continental shelf as extending northward from its Coast,
without definitionof the northern boundaryof the continental shelf area
appertaining to Libya. In 1958, Malta enacted the Petroleum (Produc-
tion) Act, 1958.which, at that time, did not definethe continental sheif,

but rather referred only to the "sea waters adjoining [MaltaI2".
4.27 The views of the Government of Malta on delimitation of its

continental shelf seem to have developedas follows. On 12 December
1964, Malta exchanged Mers with the United Kingdom assurning al1
rights and obligations deriving from "valid international instruments"
whichhad beenmadeapplicableto Malta priorto her independence. Bya
Note Verbaledated 5May 1965,Malta informed Libyaofthe exchangeof

letters of 12 December 1964 and advised Libya that the 1958 Geneva
Conventionon the Continental Shelf was one of such instruments3. The
Note said-

"...indetermining the boundaryof the continental shelf appertain-
ing to Malta, the Government of Malta has been guided by the
provisionsof Article 6(1) of the Convention, which establish the
boundary as the median line every point of which is equidistant
from the nearest pointson the baselines fromwhichthe breadth of

the territorial seasof Malta and of other countries adjacent io the
same continental shelf are measured."

On 29 May 1966,Malta accededto the 1958Convention,and on 22 July,
enacted the Continental Shelf Act, 1966'. This is the principal Maltese
legislation governingexplorationand exploitationof the continental shelf.
As regards definitionand delimitation, as noted in paragraph4.06 above,
it followsthe main linesof the 1958Conventionbut with the omissionof

any reference to "special circumstances".
4.28 The grant ofoffshorepetroleumconcessionsby the Parties began

on30April 1968whenthe Libyanauthoritiesgranted ConcessionNo. 137
'Seeparas. 4.20 through4.23above.
'See paras.4.and 4.07 above.
A copyofthiNoteisattachcdaAnnex 34. Forconvenicncehis Conventionis referrcd
toin the text ofthisMernorialas the "1958Convention".
'Seeparas.4.05and4.06 above. [551 MEMORIAL OF LIBYA 73

to Aquitaine and Exwarb. The area of this concessionwas reduced in
@ 1974to the area shown in yellowon Map Il facing page 62. It is not,

however, consideredthat Concession No. 137has any direct bearing on
the present dispute.

4.29 Maltese activities offshore beganefïectively in 1970 when the
Government,acting in accordancewith the Petroleum (Production) Reg-
ulations, 1969',offered for bidding two "blocks" lying'onthe north and
@ east sideof Malta. Theseareas are shownon Map 7 followingthis page.

By the Continental Shelf (Designation of Area) Order, 19712,which
came into etTecton 22 April 1971,the area indicated on that rnap was
designatedasan area withinwhichthe rights mentionedinSection3(1) of
the Continental Shelf Act, 1966, wereto be exercisableIn 1971, three
exclusiveproduction licencesweregranted coveringan area of some,600

@ square kilometres as also shown on Map 7. The licences for the areas
marked (l), (2) and (3) on that map were granted respectivelyto the
ShellIAGIP group, the Home Oil Company and Aquitaine. In 1972and
1973,four wildcatwellswere drilled in those areas. They weredry and
the licences were relinquishedn 1975and 1976'.

4.30 The history of negotiations betweenthe Parties may be said to

beginwith a meeting of oficials held in Malta at the Auberge de Castille
in July 1972when,in thecontext of problemsarising from the acquisition
of independenceand the withdrawalof the British,alta was looking for
assistance in the fieldof trade and commerce. Acopy of the minutes of
the meeting held on 1I July 1972 is attached as Annex 37(a). Also
attached, asAnrrex 37(b), is a copyof amemorandum received by the

Libyan delegationduring the discussions. Sub-heading (g) of the memo-
randum reîers to the "Median Line". Under that heading, paragraph 36
says:

"Malta has already obtained expert assistance and median lines
have been drawn in accordance with Art. 6 of UNe Conference
on the Law of the Sea, Convention on the Continental Shelf and

Contiguous Zonesof April 1958(Art. 12) and the Convention on
the Continental Shelf of theemonth (Art. 6). This workmay
be ofassistance to both the Libyan and Tunisian Governments.
The Maltese Government suggeststhat discussions onthe median
linebe held in Malta."

'Seepara.4.07 aboveandAnnex 16.
'A copyof thisOrderis attaasAnnex35.
aSomeof the factsregardingthe Malteseconctssionsare basedon a "Petroconsultants
Report",he relevantmapsof which haventtachedaAnnex36. Theorganisation,
Petroconsultan, ithficesin Geneva, Switzerland, maintaianns information service
@ 'Thelocationof thesewellsrnayalsobescenon Map 7.74 CONTINENTAL SHELF 1561

Fromthat time forward,Malta adhered to"the Median Line" and nothing
but "the Median Line" as its proposed lineof delimitation for the conti-
nental shelf with Libya.

4.31 As can be seen from page 3 of the minutes of the meeting, no
progress wasmade at thatirne because the Libyan delegationstated that
it was no1 possible to signa bilateral agreement with Maona"the
Median Line". On the followingday, 12 July,Malta submitted a draft

agreement relatingto the "delimitation of the continental shelf' between
Malta and Libya'. According to Article I of that draft:
"( 1) The dividingline betweenthe part of the Continental Shelf
which appertains to Malta and that part which appertains to the

Libyan Arab Republic shall bearcs of Great Circles between the
following points,in the sequence given below:
1. 34" 27'0 N

13" 27' 4 E
2. 34" 20' 3 N
13" 54' 3 E

3. 34" 17' 2 N
14" 06' 3 E
4. 34O 16' 2 N
14" 16' 2 E

5. 34" 14'0 N
14" 39' 8 E
6. 34O12' 3 N
15" 02' 5 E

7. 34" 11' ON
15" 25' O E
8. 34" 12' 8 N
15" 43' O E

9. 34" 14' 8 N
16" 00' O E
10. 34" 19' 3 N
16"37' 5 N

11. 34" 23' 5 N
17" 16'O E

12. 34" 27' 2 N
17" 46'2 E

13. 34" 48' ON
lSO 04'6 E
'AcopyaithidrafisaltachasAnnex38. 1571 MEMORIAL OF LlBYA ' 75

The positionsof the points in this Article are defined by latitude
and longitude on the basis of the Greenwich Meridian."

4.32 Map 8, showingthe line which would result from these coordi-
@ nates, appears followingthis page.As appears frorn that map, the pro-
posed line runs frorn 13" 27' 4" E to 18'4' 6" E andirection which is
approximately east/west, alrnost parallel to the Libyan coast. The Mal-
tese draft was discussedagain on 13 July when the Libyan delegation

challenged the appropriateness of Filfla as a "baseline" fromwhich to
determine "the Median Line" and reserved its positionon the coordinates
proposedby Malta. The Libyandelegationpointedout that theywere not
authorised to sign an agreement and that such an agreement would be
subject to ratification. They stressed that it would take some time for
Libyan technicians to examine large-scale maps and expressed the view

that a furthermeetingmightbe heldin thesecond half ofSeptember.

4.33 The substantive reply of Libya tothe Maltese draft agreement
came on 23 April 1973when, at a meeting heldin Malta, the Libyan
delegation handed to the Maltese delegation a draft agreement'. The

Libyan draft was similar to the Maltese draft in outline but ditïered in
three important respects. First,the preamble wasdifferent,omitting any
referenceto the "Median Linenand expressingthe wishofcomplyingwith
the customary rules of international taw;secondly,Article 1gave a com-
pletelydifïerent set of coordinates for the proposeddelimitation line;and,
thirdly, Artic5eprovided forthe agreement to becorneeffectiveon ratifi-
cation. Thisdraft agreementtotaflyrejectedthe "Median Line" proposed

by Malta and proposeda delimitation taking account of the differencesin
length of the Libyan and Maltese coasts.

'A copyof thedraftis attachAnnex39. 76 CONTINENTAL SHELF 1581

4.34 Article1 of the Libyan draft agreement reads as follows:

"a) The dividing line betweenthe parts of the continental shelf
whichappertains to the LibyanArab Republicand that appertains
toMalta shall be defined by the great circles joining the points
which their Co-ordinates are givenow:-
PointNo: Latitude Longitude
- -
1) 1 35 40 O 13 495
2) 11 35 35 6 13555
3) 111 35 33 8 14 O05
4) IV 35 34 5 1410O

5) v 35 32 5 1412 4
6) VI 35 25 5 14 17 8
7) VI1 35 23 O 1425 O
8) VI11 35 20 5 14 30 O
9) IX 35 25 5 1439 5
IO) X 35 23 5 1446 O
11) XI 35 26 8 14 53 8

12) XII 35 32 8 14 535
b) The dividing line hasbeendrawn onthehart annexed to this
agreement."

4.35 Map 9,showingthe linesjoining the Libyancoordinates,appears
@@ immediately followingMap 8. Bycontrast with the Maltese line, il will
beseen that the Libyanlineexlended from 49'5"Eto 14" 53'5"E. It
was not considered that there should beany delimitation between Malta

and Libya east of the last-mentioned meridian. The Libyan draft agree-
ment was discussedat meetings inValletta o23 and 24 April 1973.
There were noagreed minutes but adraft prepared by the Maltesedelega-
lion was provided tothe Libyan delegation. A copy of that drafis
attached asAnnex 40. While the draft is not necessarilyaccepted as
accurate in every detail, it does indicate the main points that were dis-
cussed. Accordingto the draft minute, the Libyan delegationstated that,
indetermining the dividingline,the respectivelength of the portionof the

coastline of Libya facing Malta had been taken into consideration; and
that this portionof Libyanshoreline extendedfrom the Tunisian border to
east of Misurata. The distance between the two coastlinesta and
Libya) was dividedn the same proportioasthe two shorelines bore to
each other. The Libyan delegationstated that equidistancewasnot-
table and that itwas notthe onlyapplicablemethodofdelimitation. They
pointed out (inter alia) that, as regards the delimitation between Malta

and Sicily,both the Malteseand the Libyanmethodwould givealmost the
sameresultsbecausethe portionofthe coastlineofthe IslandofSicily was
nearlyequal to the Iengthof the MalteseCoastfacing Sicily. The Libyan1591 MEMORlAL OF LIBYA 77

delegation also cornmented that Article 6 of the 1958 Convention

emphasised that continental shelf delimitation shall be determined by
.agreement and that, "in the absence of agreement and unless another
boundaryisjustified by special circumsrancesthe boundary is the median
line'". This made it veryclear that equidistance was onlyone method to
determine the dividing lineand it is not obligatory on any State.

4.36 The Maltese delegation replied that the Libyan principles were
new ones and that examples of islands like the Italian Islands of Linosa
and Lampedusa were island dependencies whereasMalta was an island

State and could claimthe samebreadth of maritimejurisdiction as coastal
States situated on the mainland of a continent. The Maltese 'delegation
alsoquoted other exampleswhere equidistance hadbeen used. The Mal-
tese delegation was unable to accept the principles enunciated by the
Libyan delegationand relied on the positionstated and the draft agree-

ment submitted in July 1972. They insistedthat they couldonly usefully
discuss the issueonthat basis. Thedraft minuteconcluded: "TheMaltese
delegation further stated that the equidistance principle was founded on
legal international practice. The Libyan sidewere not prepared to carry
on the discussionon the basis of the equidistance principle." The main
differenceof view between the two sides was thus clearly established.

4.37 Apparently while the talks of 23 and 24 ApriI 1973were still in
progress, Prime Minister Mintoff of Malta sent a written message to
Colonel Ghadaffidated 23 April 1973'. In that message,hesaid that the

Libyan delegation sent "to discuss Median Line" had suggested as the
underlying principlean "inequitable yardstick", which wascompletely
unacceptableto the Governmentof Malta. The messagethus rejected the
Libyan proposa1immediately, out-of-hand, and, it seems, without any
material bilateral discussion. The messagethen went on to state Malta's
intention in effect to put into operation the "Median Line" proposedby

Malta, saying, " ..it isnowimpossiblefor usto evadethe commitmentswe
have made with international oil cornpaniesand tenders are being calied
for with a provisional Median Line identical with the one which was
submitted to your Government over a year ago". In other words, the
Governrnentof Malta had committed itself to international oitcompanies

and wasintent ongoingahead unilaterallyonthe basisof itsown"Median
Line".
4.38 Meanwhile, the Prime Minister of Malta issued a notice (L.N.

41 of 1973=)for the purposesof regulation 4 of the Petroleum (Produc-
tion) Regulations, 1969,inviting applications for Production Licenoesin
respect of the area "offshoreSouth of Malta" consistingof sixteenblocks.
'Italicadded.
'A copyof thismessageisatiached asAnnex 41.
aThe noticedid notcontaa dateofissue. SecAnnex 42. 78 CONïïNEKTALSHELF [ml

The blocks were defined by coordinates given in the Schedule to the
@ Notice. By referenceto Mup 10,the blocks, whichare numbered 1to 16,
may be seen to adjoin the southern boundaryof the blocksmentioned in
paragraph 4.29 above. As regards the southern boundary of the sixteen
new blocks, the Schedule to the Notice adds the following footnote:

"The areas of Blocks12, 13, 14,15and 16are subject to altera-
tions in the light of any agreement on the Median line between
Malta and the Libyan Arab Republic."

4.39 The Government of Malta was determined to proceed with the
grant and operationofconcessionsregardlessofthe entirely differentview
on the question of delimitation taken by Libya. A Libyan delegation

which visitedMalta in May 1973found that the Maltese position was
unchanged andwas toldthat the deadline for the submissionto the Mal-
tese authorities of proposed offshorecontracts was the beginning of
August 1973. A further meetingbetweena Libyanand a Maltesedelega-
tion held in Malta on3 July 1973made no more progress. The Maltese

delegation still maintained that the Libyan proposals weretotally unac-
ceptable;the Malteseproposals wereequallyunacceptable to Libya. The
Maltese delegation rejected aLibyan proposalto meetagain in Tripoli in
August, sayingthat the talks could notbe allowedto drag on indefinitely.

4.40 On 25 March 1974,Prime Minister Mintoff senta further writ-

ten message to ColonelGhadafFiin which he referred to a meeting with
ColonelGhadaffi inTripoli on 16February 1974and, whilecommenting
on a numberof matters, said " [s]imilar complicationsare arising withthe
definition of the median line", and he ofiered to send another Maltese
delegation to Libya to discussa number of matters apparently including

the "definitioof the median line"'.

4.41 At thisstage, Malta proposedreferring thedispute overdelimita-
tion to arbitration and in April 1974submitted a draft for that purpose.
A copyof thisdraft isattached asAnnex 44. At the presentstage ofthese
proceedings,the most significant provisionof the draft are contained in
Article 12.

'A copyof thismessage is attaasAnnex43.
'Article 1 readsas iollows:
"'ArticlI
TheTribunalisrcqucstedto decidcthe followingQuestion:
(1) 'WhatisthedividinglincbttwccnthatparioftheContinl helfwhich
appcrtainsthe LibyanArabRcpublic anthat partwhichppcrtainsto
Malta?'
(2) TheTribunalshallreacitsconclusionsin accordanccwiththerulesand
principlesof internationallaw.
(3) TheTribunalis notcalledupn to decidein thematterex aequoet bono." [6l] MEMORlAL OFLlBYA 79

4.42 At a glance,itiçobviousthat paragraph1 assumedtheexistence
of a singlecontinuouscontinentalshelfbetween Libyaand Maltaandthat
Malta wishedthe Arbitration Tribunalto determine"the dividingline".
Requiringthat theTribunal shouldarriveat resultsinaccordancewiththe

rulesandprinciplesofinternationalIaw,theTribunal was tobe forbidden
"to decidein the matter ex aequo etbono"'.

4.43 Accordingto information received fromPetroconsultantsz,in
1974, "eightof the sixteenblocksofferedin the MedinaBankarea were
granted over 7,471sq. kms". A map showingthe Malteseconcessions
@ granted in1974 appearsas Map 10. A cornparison withthe locationof
the blocks offeredbythe PrimeMinister'sNotideL.N. 41 of1973 shows
that concessionsover BlocksNos. 2, 3, and 9weregranted to Texaco,

Nos. 10,11,14toJOCOilandNo. 16 to Aquitaineetal, It isunderstoad
that the date of the grant to Texacwas 31 May 1974, to JOC Oil 1
November 1974,and to the AquitaineConsortium20 November 1974.
However,Blocks2, 3, 4and 9 weremade the subjectof a Designation
Orderof 15October 1974' madeunderSection 3 oftheContinentalShelf
Act,-1966. In any event,the upshot ofgrants and relinquishmentswas
that, at theendof976, theMalteseoffshoreconcessionswer esshownon

the Petroconsultants mapshowingthe "ConcessionSituation as of 31
December 1976" whichis attached in Annex36 to this Memorial,

4.44 A numberof offshoreconcessions were alsogranted byLibyain
1974. ThesewereNC 41,NC 47,NC 35AandNC 35B, NC 53andNC
42. The areas of theseconcessionsare shown onMap 12 which follows
@ this page. Map II also showswhat rernainedof Concession No. 1376.
The procedurefollowedin 1974 wasfor "concessions"to be granted by
way of exploration and production sharing agreements (known as

"EPSAs") between theNationalOilCorporationofLibyaand therespec-
tiveoiIcompanies6. Thus,ConcessionNC 53wascovered bya framework
agreement between NOC and TotalLibya of 14 April 1974, and the
necessary exploratioandproductionsharing agreementwas signedon 13
'See para. 4.47 bdow.
A considerablepart ofthe "facts" concerninginthis Sectionof the Memorial
isbased oninformation providedto LibyabyPetroconsultantsa"Chronologi-
cal Reviewof Oiïshorc Licencesin Malta" coverin1958to 1980. Thercfore,
these "facts" art subject to correction onthe basisof any more authoritative information.
aSec fn. 3p.59 aboveandAnnex42.
'A copyof this Order is attachcd as Annex45. C
See para. 4.28 above.
for participationwithits conccssionairesonan individual basis. In theations
thegcneralisationofthat policy66of 1973effectedthenationalisationand transfcr
totheStatc of 51%ofal1properticsointedia. EssoStandard ofLibya Inc., Tcxaco
OilOverseas Co.and CaliforniaAsCo.iLibyaand Texacofaitedtomakeagreement
forTexaco'snationaliseciintercstand Texacoceaseditsoilactivitiesin Libya from1973on.80 CONTINENTAL SHELF [621

October 1974. The frameworkagreement covering Concessions NC 35A
and NC 35B was entered into byNOC and Esso Standard Libya on 16

April 1974, the exploration and production sharing agreement being
signed on 29 September 1974.
4.45 The cere of Libya to avoid as far as possibleany conflictarising
as a result of overlapwith concessionsgranted by Malta is demonstrated
by a letter signed on the sarne day (29 Septernber 1974) as the Esso

Agreement concerningNC 35A and NC35B1. That letter contained the
followingpassage, which formed an integral part of the Agreement:
"Until such time as there has been a demarcation of the offshore
area subject to the jurisdiction of the Libyan Arab Repubiic from
the offshorearea subjectto the jurisdiction of Malta, by mutual

agreement between the two countries or by their mutual concur-
rence with a binding international convention, or by any other
binding determination as shown by satisfactory documentaryevi-
dence,Second Party willnot beobligated to commence Petroleum
Operations either in those portionsof the OffshoreConlract Area
or in those portions of the area subject to the deep water commit-
ment specifiedin Article14 of the Agreement which liein waters

north of latitud34" 10'00"North."

4.46 In granting the above-mentioned concessions, there was no
attempt or intention onthe part of Libya to defineor limit the northern
boundary of its area of continental shelf in the region: nor was there any
element ofimpliedagreementor acquiescencevis-à-visMalta either in the
boundaries of the concessionareas or in the terms on which the conces-
sions weregranted.

4.47 Meanwhile,between 19and 21 December 1974,waysof solving
the delimitation problem were discussed betweenPrime Minister Mintoff
and Colonel Ghadaffi. In particular, the proposalmade by Malta in April
was beingstudied by both sidesand it was suggested that both countries
should study the possibilityof accepting delimitationin accordance with
what might beestablishedbythe Third United Nations Conferenceon the

Law of the Sea.
4.48 The grant of concessionsby Malta and Libya, mentionedabove,
resulted in protests and reservationson both sides. The nature of these
protestsand reservationsissomeindicationofthe attitude ofthe Partiesto
continental shelf delimitation.

4.49 Bya Note Verbaledated 30June 1974 frornthe Libyan Ministry
of Foreign Affairsto the Embassyof Malta in Tripoli, the Governmentof
Libya recordedits reservationas regards the grant by the Governrnent of
Malta to the TexacoOil Company of the right to prospect foroil in the

'A copyof this lcisattacheasAnnex 46. 1631 MEMORIAL OF LIBYA 81

area southofMalta1. Thiswas aresponsetothegranttoTexacodated 3 1
May 1974 mentionedinparagraph4.43above. TheNoteof 30June was
followedbya further Note Verbaledated 14 July 1974 fromthe Libyan
MinistryofForeignAlTairstothe MalteseEmbassyinTripoli'.That Note
referred to an item publishedin the "Times of Malta" on 1 July 1974

containing a warning toshipsand fishingboatsto stay awayfroma ship
whichwouldbecarrying out aseismicsurvey fotrhefollowingtwomonths
at adistance 40milessouthofMalta betweenthelatitudes34" 26'N and
35" 06' Nand thelongitudes 14" 50'Eand 15" 32'Ea. Theareacovered
by this seismic surveyis shownon the mapattached as Annex 49. The
Note also referredto the Agreementsignedby Malta with Texacoon 3 1
May 1974 and continued, sayingthat boththe agreement andthe survey
fellwithina part of the sea-bedundergoing negotiationbetweenthetwo

countries and requestingconfirmation ofthe accuracyof the news. In a
Note dated 17 July 1974 referringto its Note dated 30 June 1974,the
Libyan Ministryof Foreign Affairs requested the Maltese Embassyto
supplya chartshowingtheareainwhich prospecting foo ril byTexacowas
ta takeplace4.
4.50 The receipt of the Libyan Notes of 30 June and 17 July was

acknowledgedby a Note Verbalefrom theEmbassyof Malta dated 18
July 1974& ,nd receiptof the LibyanNote dated 14 July wasacknowl-
edged by a Maltese Note Verbaledated 25 July 1974" A substantive
responseto the threc Libyan Noteswasgivenby a Notc Verbaledated 8
August 1974 from the Embassy of Malta to the Libyan Ministryof
ForeignAffairs'. It confirmedthat a seismicvesse1hadbeenoperatingin
the area mentionedin the Libyan Note of 14 July 1974. The Note
claimedthat thearea inquestionfeI1withinthecontinentalshelf ofMalta
andstated:"lt isalsoNorth oftheequidistancelineseparatingthesubrna-

rineareas of Malta and Libya." Claimingthat any activitiesrelatingto
the explorationand exploitationofmineralsand oilsin that regionwere
exclusivclya matter for Malta'sjurisdiction,the Note declinedto accept
the reservationmadeby the Governmentof Libyaof 30 June 1974 with

'A copyofthisNoteisattachcAnnex47. As notd infn.6tp.61Texacohadceased
itsil activiticsinLibyaf1973.
'A copyof thisNoteis attachcAnnex 48.
'This survey wsarricdoutonkhalf TexacoMatta.Inc.
'A wpyyof this NoteisattachcAnnex51.x50.
'A copyofthiNote isattachcas Annex52.
'Forthetextof theMaltetcspnsc.sa the wpyof theNote attachcAnnex53. 82 CONT~NENTAL SHELF 1641

regard to the granting by the Governmentof Malta ofthe rights to Texaco

Malta Inc. for oil exploration. The Note also encloseda copy of Legal
Notice 41 of 1973',together with "the relevant map".

4.51 Pursuant to exploration rightsgranted to Esso Standard Libya
Inc., that company engagedthe servicesof a company knownas Seismo-
graph Service (Marine) Ltd. to carry out seismic exploration in the
Libyan Concessionareas NC 35A and NC 35B (see Map II). Appar-
ently, the intended activitiesofthat Companycame to the attention ofthe

Maltese authorities as a result of a letter dated 13November 1974 from
the Company, requesting a wireless telegraphic licence for radio equip-
ment alT.C.Smith, 12St. Christopher Street, Valtetta, Malta, inorder to
communicate with M.V. Petrol. Referring to'that letter, the Maltese
Ministry of Foreign and Commonwealth Affairs wrote a letter dated
26 November 1974to Seismograph Service (Marine) Ltd2. The letter

asked the Company to note that areas north of the coordinates setout in
the letter constituted the continental shelf of Malta and requested a cate-
goricassurance from the Company that no seismiclineshad been shotin
any part ofthe area indicated3;the coordinates set outwere 34" 27'N; 13"
27' 4" E to 34O48' N; 18" 04'6" E: once more the "equidistance" line
claimed by Malta. EssoStandard Libya Inc. informedthe Libyan

authorities of the lettcr from the Maltese Ministry of Foreign and Com-
-monwealth Affairs.

4.52 It will be recalled that the Libyan concessioncontracts were
concludedon 29 September and 13October 1974'. On 8 June 1975the
Governrnentof Libya addressed a letter in similar terms to each of the
Maltese concession holders, i.e.Aquitaine, Elf, Hispanoil and Winter-
shell,Texaco,CitiesServiceand J.O.C. Oil. A copyof the letter together
with the coordinates definingthe areas concernedwith respectto each of

the concessionholders is attached as Annex 5.5. The concession areas
mentioned were infact Maltese BlocksNos. 2,3,4, 9, 10, 11, 14and 16
referred to inparagraph 4.43above5. With respect toeach Company, the
Government of Libya stated in the letter that ithad learnt that the
Companywascarrying out exploration activities aiming at the extraction
of oil in offshoreareaiin the Mediterranean, the locationsof which were

as just indicated. The letter continued: "The said areas constitute a
'See Annex 42 and para.4.38 abovc.
'A capyof this Icttcris attachAnnex 54.
'The proccssof "shooting"seismic linesinvolvesthe measurement ofecho soundings that
reflectfvariousgeologicalstratabelowthe earth'ssurface. Measusregenerally
obtainedbydischargingcitherexplosiveor elcctronic chara vessclandrncasuring
the"bounce bactime. Thcinformationthusreceivcdisuscfulforexplorationofpotential
hydrocarbonrcserves.
'See para.4.44 abovc.
@ 'See also Map 10facingp. 60, Continental Shelf upon which the Libyan Arab Republic maintains full

sovereignty". The letter alsodemanded afirrnassurance from eachCom-
pany that no such explorationor drilling activitieswere beingcarried out
withinthe said areas. It concludedby saying:"Yourperformanceofsuch
activities without obtaining a prior permit or authority from the Libyan
Arab Republic shall be considered an infringement upon its rights, thus

justifying the adoption of any measures deemed necessary to safeguard
our legitimate rights."
4.53 Libyathusclearlyseton recorditsclairntothe wholeofthe areas

comprisedin the blocksindicated,and gavewarningthat it would takethe
rneasures necessary to maintain its rights in those areas. Subsequently,
Libya did nothing to resile from that position.

4.54 On 17June 1975 the Government of Malta, acting through the
Chairman of its Oil Cornmittee, Mr. Abela, by a letter addressed to the
Libyan concessionholder, Total, countered by requesting an assurance
that noexplorationor drilling activitieswere beingor would becarried out
in any part of the area north of a median Iine which was definedby

coordinates which were not, in fact, the same as those mentioned in
paragraph 4.51 above'. The views of the Government of Malta were
expressedin the followinglanguage: "This area canstitutes a Continental
Shelf upon which the Republic of Malta maintains full sovereignrights
and anyexplorationor drilling activitiestherein without alicence issued to

you by the Governmentof the Republicof Malta, constitutes an infringe-
mentof Malta'ssovereignty,justifying the adoptionofmeasuresnecessary
to safeguard the legitimate rights of the Republic of Malta."

4.55 Totalrepliedtothe lettersof 17June and 17July fromMr. Abela
by a letter dated 31July 197Y. Noting that the areas claimed by Malta
and those of the Total concession fromLibya (NC 53) might overlap,
Total said:"The problemyouraisedependsthereforeon thedetermination
ofthe geographicallirnitsofthe exercisebythe Republicof Malta and the

Libyan Arab Republic of their sovereignrights overthis plaleau," Total
alsosaid that the correspondencewith Mr. Abela was beingtransmitted to
the Libyan NOC and to the Libyan authorities. This was in fact done
later in August.

4.56 Mr. Abela, acting on behaif of Malta, replied to the letter of 31
July 1975bya ietter dated 13August 1975a. Inthat letter he repeatedthe
positionof Malta expressedin his letter of 17 June and the need for"the

adoption of measures necessary to safeguard the legitimate rights of the
'Accordingtothisletter.the MalteseclaimedequidistanceIineextended ononlasasi
faras thepoint 34"23'5"NIfo14' in,contrastothe eastern coordinaof 34" 48'N;
18"04'06"E mentionedinpara.4.51. (A copy of thisletisattachedaAnnex 56.)
'A copyof this letteris attaas Anne*57.
A copyof this letteris attachAnnex 58. 84 CONTINENTALSHELF [661

Republicof Malta". He alsorepeated the request for a "categoric assur-
ance" of non-activityin the areas north of the "equidistance" line made in
the ietter of 17 June.

4.57 The reactions to the grant of concessionsby Malta and Libya
outlinedaboveconfirmthat Malta wasclaimingagainst Libyathe areas of
continental shelfas faruth as, but not beyond,the Maltese versionof an
equidistanceline whichstretched from the point, 34"27'N; 13"27'4" E

onthe Westto the point, 34" 48'N;18"04' 6"E onthe east. Libya, onthe
other hand, was disputing the Maltese equidistance line as a basis for
delimitation, and claiming areas even further north than the northern
boundary ofthe Maltese concessions identifieas Blocks2 and 3'.

C. AgreementonRecourseto the Court
4.58 At this point, it is convenient to resumethe outline of the steps
leading to signature of the Special Agreement. On 18 October 1975,

there was ameeting betweenMajor Jalloud,Prime Minister of Libya, and
Prime Minister Mintoff. At that meeting, in responseto a statement by
Major Jalloud that Libya wantedthe International court of Justice as the
means for the settlement of the dispute, Mr. Mintofï said that Malta did
not object to the Court.

4.59 On 3 January 1976 there was a further meeting in Tripoli
between PrimeMinister Mintofïand a Libyan delegation presided overby
State Minister Taha Sharif Ben-Amerat whichthe question of the phras-
ing of a submissionto the Court was raised by MT.Mintoff, and, on the
suggestion of Mr. Taha Sharif Ben-Amer, this question was referred to

legafexpertswhowereto meet in Malta between20and 25January 1976.
At that stage, it was common groundthat the problem of delimitation of
the marine boundary should be submitted to the Court, and the question
became one of settling an agreed teit for that purpose. On 17January
1976the Libyan Ministry of Foreign Afîairs transmitted to the Maltese
Embassy in Tripoli a draft of a Special Agreement between Libya and
Malta for the submissionof the dispute to the Courtz. The Agreement

had a non-cornmitta1title and preamble, and the substance of theefer-
ence to the Court was set out brieflyin Article 1,which read as follows:
"ARTICLE (1)

The Court isrequested to decide the followinquestion:

What principlesand rulesof.Internationa1Laware applicableto
the delimitation of theareas of the continental shelf and the
economic zonewhich appertain to the Libyan Arab Republic
and that [sic]of the Republic of Malta."

@ 'SecMup IOfacingp. 60 abovt.
'A copyof thdraftAgreementisattachasAnnex 59.[673 MEMORIAL OF LIBYA 85

4.60 At meetings betweena Maltese and a Libyan delegation held in
Malta from 3 to 9 February 1976, MaIta submitted its proposed draft

Special Agreement'. The preamble wasconsiderably longer and more
complicated than in the Libyan draft, and Article 1of the draft read as
follows:

"ARTICLE 1
(1) The Court is requested-

(a) Todecide what, accordingto the applicable principlesand rules of
international law, is the dividing lineeparating, as between the
Parties, the Continental Shelf areas lying between Malta and

Libya;
(b) To delimit the said dividing line and cause such part of it as
stretches in the West-East direction frorn the (14th to the lath]

degrees of longitude East of Greenwich, to be marked out on a
chart or charts of scale not lessthan [1:1,100,000at l39'N] ,o
beattached to and form an integral part of the finaldecisionofthe
Court.

(2) The choice of the [ 14th to the 18thj degrees of longitude East of
Greenwich iswithout prejudice to the rights of the Parties beyond
those points in conformity withthe decision of the Court."

4.61 Both the Libyan and the Maltese draft Agreements were dis-
cussed during the February meetings in Malta, and diflerences between
the positions of the two sides were examined in detail. Some of the
differences between the two drafts may be noted here.

4.62 While the Libyandraft had a short and purely formal preamble,
the Maltese draft had a substantial preamble whichtouched on anumber
of material points. lt appeared to assumethat the areas of sea-bed and
subsoil of the Mediterranean Sea between Libya and Malta forrned a

singlecontinental shelf an assumptionnot acceptable to Libya. On the
other hand, it recognisedthat in the discussionsand negotiations it had
become "evidentthat there was a distinct differenceof viewson the rules
and principles to be applied in establishing boundaries", and stressed the
goodrelations betweenthe two Parties.

4.63 The most important difïerenceswerein the request to the Court
in Article1of each draft. The Libyan draft included the exclusiveeco-
nomic zoneas wellas thecontinental shelf:the Maltesedraft did not. The
Libyan draft requested the Court to indicate the rules and principles of
international law to be applied in the delimitation: the Maltese draft

requcsted the Court "to decide what ..is the dividing line". This proved
'A copyofthedraft Agrccmcnisattachcas Annex60.86 CONTINENTAL SHELF 1681

to be the main outstanding differencewhichcould not be settled between
the two delegations. There were, however, further provisions in sub-
paragraph (b) and paragraph (2) of the Maltese draft. Their intent was
to request the Court to delineate this part of the dividing line which
"stretches in the West-Eastdirection from the [ 14th to the 18th] degrees

of longitude East of Greenwich". It is hardly surprising that these
paragraphs did not appear in the final text of the Special Agreement.
4.64 Another difference,lessobviousbut of someimportance, wasthe
implicitreference to the Third United Nations Conference on the Law of

the Sea at the end of Article III of the Libyan draft. The Maltese
delegation objected firmly tothis reference and it alsowas omitted from
the final text.
There were also differences concerning the written pleadings.
4.65
The Maitese draft (Article II) provided for exchange of Mernorialsand
Counter-Mernorials within short periods: the Libyan draft (Article III)
provided for consecutive pleadings with longer periods,Malta filing its
Mernorialfirst. The text that ernergedinthe Special Agreement (Article
II) was a compromise.

4.66 Finally, the Libyan draft (Article IV) providedfor negotiations
for the purpose of concludingan agreement in accordance with the deci-
sion of the Court: the Maltese draft (Article III) wouid merely have
required the Parties to"proclaim the Continental Shelf boundary between
their two countries in conformity withthat decision". These two drafts
were clearlyrelated to the differentapproachesof the twosidesconcerning

the request to be submitled to the Court,as expressedin Article1of each
draft'. When Article 1was redrafted the Maltese draft Article III could
not stand, and it was natural that a text on the lines of the Libyan draft
Article IV should be adopted, as it was in ArticleIIIof the final Special
Agreement.

4.67 Followingthe meetingsheldin Malta in February 1976,progress
was made on the draft Special Agreement until the point was reached
where the main outstanding differencewas that al tawishedto ask the
Court to delineate thedividing line in a precise manner, whereas Libya
wanted to ask the Court to prescribe the principles to be employed in
delirniting the dividing line betweenthe two countries. This difference

was resolvedat a meeting betweenPrime Minister Mintoff and Colonel
Ghadafi heldinTri~olion 15A~rii 1976. On that occasion.Mr. Mintoff
suggesteda solutionto the deadlockbyrephrasing the controversial provi-
sion.tomake it read that the Court is reauested to showthe Parties howto
solvéthe problemof the dividing linebeiweenthe twocountries. Colonel
Ghadaffi agreed to this suggestion provided that representatives of both

'Secpara. 4.6above.[691 MEMORIALOF LIBYA 87

sidesshouldmeettowrite the finaldraft ofthe Agreement. Thiswasdone
and the Agreement was duly signed subject to ratification on 23 April
1976.

4.68 There continued to be a number of contacts between various
representatives of the two Parties followingthe signature of the Special
Agreement. In many instances these concerned widerrelations between
Libya and Malta unrelated to the continental shelf. On occasions,how-
ever, the question of the continental shelf arose in the context of these

exchanges. While in Libya'sviewthese eventsare of marginal relevance
to the questionofdelimitation,certain ofthem deservebrief mention here
since,when viewedasa whole, theyindicate a continuityinthe positionsof
both Libya and Malta as those positionshad become crystallised at the
time the Special Agreement was signed. As such, they contribute to an

understanding of the background against which the delimitation is set.
4.69 Bya Notedated 5October 1976,the Maltese EmbassyinTripoli
officiallyinformedthe Libyan Ministryof Foreigr!Afïairs that Malta had

ratified the Special Agreement1. The proceduresfor ratificationof inter-
national agreements required the Libyan Ministry of Foreign Affairs to
refer the Special Agreementto the Councilof Ministers forconsideration.
Final responsibility forratifying the Special Agreement at tbat time,
however, rested withthe Revolutionary Command Council.

4.70 It was in these circumstances that Mr. Mintoff, on 3 Decernber
1976, addressed a letter to Colonel Ghâdaffi. The text of the entire letter
may be foundin Annex 62. What deservesmention, however,isa propo-

sa1that appeared in the letter. For the Maltese Prime Minister stated:
"...1am ready to interpiet your silence followingreceipt of this
letter as implying yourapproval that Libya, as a friendly gesture

towards Malta, will let Malta drill in the area up to the Median
Line that is exactly equidistant between Ourcountries.

Therefore, if bythe first day of the newyear, wewillnot receivea
reply other than an acknowledgementof Ourletter, 1will assume
that this is indeed yourwish2."

4.71 Libya's Prime Minister, Major Jalloud, responded by Ietter
dated 15December 1976 addressed to Prime Minister Mintoff 3. In his
letter Major Jalloud suggestedthat no"hasty unilateral decision" betaken
by either side. He went on to indicate that the appropriate experts in
Libya hid been instructed to givepriority to the continental shelf matter

and to the Special Agreement itself.
'A copyof this Note is attachAnrlex61.
Itwillberecalledthat in the courseof negoiiationsLibyahadcontinuouslyrejectedthe
median linorequidistancemethodas a basisof either negotiationor delimitation.
'A copy of this letter is aasaAnnex 63.88 CONTINENTAL sHELF r701

4.72 On 2 March 1977the Libyan General People Congressinitiated

procedures which, amongother things, transferred responsibilityfor rati-
fyingagreementsfromthe RevolutionaryCommandCouncil,where it had
been provisionally vested,to the Basic People'sCongresses. These new
procedures were ultimately enacted by the Basic People's Congresses
during their faIl session in October and November 1978.

4.73 Meanwhile, on 7 December 1977,the Government of Malta
entered into an agreement with the foreign oil cornpaniesthat held off-
shore Maltese concessions wherebythe companies undertookto refrain

from explorationactivities in the concessionblocks south of Malta until
the delimitation dispute had been settled by the Court. This action was
consistent with the understanding Libya and Maita had reached at the
tirneof the signingof the Special Agreement to the effectthatboth sides
would refrain from commencingdrilling operations until the Court had

reached itsdecisionand an agreement on delimitation had been reached'.
The agreement with the oil companies was subsequently announced by
Prime Minister Mintoffat a sessionof the MafteseParliament held on 16
January 1978.

4.74 During 1978,there werefurther contacts betweén thetwoParties
ona widerange of bilateral issues, includingthe questionof the continen-
tal shelf. From 3 to5 May 1978, forexample, talks were held in Malta
between a Libyan delegation headedby the Secretary of Marine Trans-

port, Mansour Mohammed Badr,and a Maltese delegation headedbythe
Deputy Prime Minister, Joseph Cassar. In July, ColonelGhadaffi trav-
elledto Malta for meetings,asdid a separate Libyandelegationheaded by
the Secretary of the Treasury.

4.75 On 16October 1979discussions wererenewed at a meeting held
inTripoli betweenMajor Jalloud and Prime MinisterMintoff. Asbefore,
these talks addressed a wide range of bilateral issues. Theyalso touched
upon fresh Libyan and Maltese proposalsregarding the continental shelf

dispute2. According to the joint minutes of this meeting, Mr. Mintoff
proposedthat a five-milebufïer zonebecreated oneither sideof a median
line, north of which Malta would be allowedto exploit the resourcesand
south of which Libya coulddo the same. Major Jalloud qespondedby
stating that Libya could notagree toMalta'sproposalfor the "divisionnof

the shelf. fnstead he proposedthat Libya would "reconsider the agree-
mentof May 1976whichhad notbeen ratifiedbythe People's Congresses"
ifcertain amendmentstothe provisionsof the SpecialAgreement couldbe
accepted by Malta. The joint minutes then conclude as follows:

Sec the RcporbytheSecretary-Generoln theMissionof hisSpecial~e~rcscntotiv
Malta andthe LibyanArab Jamahiriya,.N.Doc.S/14256,datcd 13 Nov. 1980,p. 2,
attachedas Annex 72.
See Annex64. MEMORIALOF LIBYA 89

"After a lengthydiscussion it wasagreed that the expertsofthe two
countries should meet at the beginning of November to outline a

proposal taking into consideration the interest of both sides."
Thus it became evidentthat the two Parties had embarked onan effort to
find a satisfactory solution to the matter by renegotiating parts of the

Special Agreement.
4.76 Shortlyafterwards, on 21November 1979,the Maltese Ministry

of Foreign ARairçsent a Note Verbaleto the Libyan People's Bureaufor
Foreign Liaison whichalsoindicatedthat efforts were beingmade to reach
agreement on the Special Agreement. The Note stated:

"There seemsto be now iittle time left for the two sides to reach a
final agreement capable of being ratified by the Congresses this
year unless bothsides were to act quickly and with the necessary
determination to reach an agreement in time'."

More significant, however,was the fact that the Note signalled a sharp
change of policyon the part of Malta. After suggestingthat the buffer
zone mentioned above be enlarged fromfive miles on each side of the

median line to fifteen, the Note went onto announce that-
"...the Governmentof the Republicof Malta has no option butto

confirmthat it cannot postponeany further the exploitation of the
area of the continental shelf between the two countries which it
firmly believesto appertain to the Maltese people. The Maltese
Government has commitments which it must honour and drilling
must therefore start in the near future in the area north of the line

AB shown in the attached MapP."
4.77 To appreciate the significanceof this change, it is necessary to
recall that since 1974- the year in whichboth Libyaand Malta granted

concessionsin the areas lying betweenthe two countries - both Parties
had refrained from authorising drilling in the disputed area. Indeed,
there had been an understanding between the Parties at the time they
signed the Special Agreement that exploration activitiesin the area in
dispute would be suspended pendingthe resolution of the case by the

Court. Moreover, Malta had made an agreement to this effect with its
concession holdersin 19773.

4.78 One weekafterthe Maltese Note wassent,the expertsof the two
sidesmet to followup on the discussionthat had occurred between Major
'A copyof thisNote is attachasAnncx65.
'The lincA.Bwasa linc parallctlotheMaltcscproposdmcdianlinc15rnilcsto:he norihof
it. buas shownon the map.linA.B.extendcdlcs sarto thcas1thandid theMaltese
propos4 mtdianlinc.
'Sec para.4.73 abovc.90 CONTINENTALSHELF i721

Jalloud and Prime Minister Mintoff. At the meetingthe Parties discussed

certain aspects regarding the amendment of the Special Agreement, but
no agreement was reached.

4.79 Malta's decision to goahead with drilling in the disputed areas
was confirmedby Mr. Mintoffin a report he sent to Colonel Ghadaffion
23 April 1980. On 10 May 1980 the Libyan Secretariat sent a Note
Verbale to the Maltese Embassy in Tripoli reserving its position as to

Malla's concession actions and confirming "its non-recognition of any
activities, contracts and assignments, previous or forthcoming, which
would affect its sovereignty'." Malta responded witha Note Verbale
dated 21 May 1980from the Ministry of Foreign Affairs to the Libyan
Popular Committee in which it rejected Libya's claims2.

4.80 On 10 August 1980 the Texaco group, acting within Maltese
Block No. 3 on the Medina Bank south of the Libyan claim of 1973,
spuddedthe first wildcatwellto be drilted in the area3. The drilling itself

wasundertaken byan oilrigoperated bythe Italian contractor, Saipem, at
the coordinates 35"N; 15" 18'E. These actions brought on a prompt
Libyan response. ByIetter dated 20 August 1980the LibyanSecretary of
Oil warned the Manager of Texaco that drilling operations should be

halted immediatelyand the rig removed4. This warning was repeated by
telex to the Chairman of TexacoMalta, Inc. On 21August an officialof
the Libyan navy delivereda sirnilarwritten warning to the manager ofthe
Saipem drilling platform on board the rig. In response,the Chairman of

Saipem notifiedthe Libyanauthoritiesthrough Saipem's representativein
Tripoli that drilling operationswouldbe suspendedand stepstaken to put
the well into a safe conditionb. Subsequentlythe rig was withdrawn.

4.81 The commencement of drilling activities triggered an unfortu-

nate series of events and put a strain on the relations between the two
countries. By a letter dated 1 September 1980 the Maltese Permanent
Representative to the United Nations requested the President of the
Security Councilto convenean urgent meeting ofthe Security Council to

consider the incident6. On 3 September 1980 the Deputy Permanent
Representativeof Libya to the United Nations sent a letter to the Presi-
dent of the Security Council indicating Libya's views on the Maltese
letter'.

'A copyof this Notc is attachcdas An66.
'A copyof thiNote isattachcdasAnnex 67.
'"Spudding"refcrsto the firstboofnthe holinthe drillingafwcll.
'A copy of this Notc isattacasAnnex 68.
% copy of Saipcm'smessageto theLibya nccretarof Oilisattachcdas Annex 69.
'U.N. Doc.S/14140, 1Sep.1980;a copyof this letterisattacasAnnex 70.
'A copy of this lct. .N. Doc.S/14145, 3 Sep. 198iattachedas Annex 71.1731 MEMORIAL OF LlBYA 91

4.82 There then followeda protracted seriesof diplomatic exchanges

between the Parties, with the Secretary-General of the United Nations,
and with variousthird States. The Security Council alsoheldhearingson
the rnatter. For present purposesit issufficientto note that, after consult-
ing with both Parties, the Secretary-General decided to send a special

representativeto discussthe issue withthe two sides. The Special Repre-
sentative, Mr. Diego Cordovez,prepared a report on his mission after
having met withrepresentativesofboth Libyaand Malta from 29October
to 2 Novernber 1980. In Libya's view the Special Representative's

Report, dated 13 November 1980,accurately summarises the events that
transpired between the Parties leading up to the incident of 20 August
1980. A copy of this Report has been attached to this Memorial as
Annex 72l.

4.83 On 4 January 1981 the Basic People's Congresses ratified the

Special Agreement subjectto the provisionthat no drilling take place in
the disputed area until after the Court concluded its examination of the
case. An instrument ofratificationwasdrawnup to thiseffect,and Malta
was officiallynotified that the Special Agreement had ken ratified2.
After Malta objected tothe terms of Libya'sratification, a renewedseries

of meetings and exchanges took place in an effort to resolve the issue.
These proved inconclusive. Meanwhile, Malta filed an Application for
permission tointervenein the Tunisia/Libyacaseon 28 January 1981. In
itsJudgment of 14April 198 1,the Court foundthat the Application could

not be granted3.

4.84 In order to avoid unnecessary detail, attention is drawn here to
two United Nations documents which reflectthese aspects of the dispute.
The firstisan accountofthe Secretary-General to the Security Councilon
the Libya-Malta disputedated 30July 1981'. It isattached as Annex 74.

The secondis the Special Representative'ssecondReport on the situation
which the Secretary-General subrnitted to the President of the Security
Council on 1 December'1981b. A copy of this Report may be foundin
Annex 75. The report itselfresulted froma suggestionofthe Presidentof

the Security Council in September 1981that the Special Representative
renew his contacts with both Parties.

4.85 There ensueda seriesofdelaysregarding the exchangeof instru-
mentsofratification. Ultimately, however,the Parties held discussionsin

'U.N. Dac.S/14256. 13Nov. 1980.
Seea copyofaNote Verbaledated26Jan.1981fromtheLibyanPeople'sBureainMalta
tothe MalteseMinistrof ForeignAffairs,attacasdAnnex73.
men?,I.C.J. Reports 1981.20.para.37.b Jomahiriya). ApplictoiInrervene,Judg-
'U.N. Doc.S/PV. 2294,30 July1981,pp.6-7.
U.N. Dm. S/14786.9 Dec. 191.92 CONTINENTAL SHELF i741

Vallettafrom 18to 20 March 1982. Theseculrninatedin the exchangeof

.Instrumentsof Ratification of the Special Agreement on 20 March. On
the same day the Libyan Secretary of the People'sBureau for Foreign
Liaison and the Mattese Minister of Foreign Affairs signed a procés-
verbal by which they agreed that their respective agents would jointiy
notify the Special Agreement to the Court on 26 July 1982'.

4.86 In the light of these events, it is apparent that ever since 1973
Malta has been pressedby its concessionholders to drill in the disputed
area. This much is clear from the Maltese documents themselves,most

notably the written message dated 23 April 1973 from Prime Minister
Mintoff to ColonelGhadaffi2and the Note Verbaledated 21 November
1979fromthe Maltese Ministry of ForeignAffairsto the Libyan People's
Bureau for Foreign Liaison3.To this end Malta's efforts to explore and
exploit the offshoreareas revolvedaround the useof the median line as a

defacto lineof delimitation with Libya. Relianceon the "Median Line"
appeared not onlyin Malta'scorrespondence. butin its interna1legislation
as well. Libya refused toaccept either the "Median Line" as a basis for
delimitation, or the equidistance method as the framework for negotia-
tions. Instead, Libya has attempted to keep communication open with

Malta in order to find an equitable solutionto the dispute.

'A copyofthisprocès-verbisattachedasAnncx 76.
SecAnnex II.
'Sec Annex65. PART II

THE LAW CHAPTER 5

THESPECIALAGREEMENT

5.01 This Chapterwillexaminethe provisionsof the SpecialAgree-
ment, focusingon the nature of the request made to the Court by the
Parties. The EnglishtextoftheSpecial Agreementhas beenset forthin
paragraph 4 above. Nevertheless, it maybe convenient torepeat here
Articles 1 and III', whichread as follows2:

The Court is requestedto decidethe followingquestion:

Whatprinciplesandrulesofinternationallawareapplicabletothe
delimitationoftheareaofthe continentalshelf whichappertainsto
the Republicof Malta and the area of continental shelf which
appertainsto the LibyanArab Republic,and howinpracticesuch
principlesand rules can be applied by the two Parties in this
particular case in order that they rnay without difficultydelimit

suchareas by an agreementas providedin Article III."
UA~~l~~ III

Followingthe finaldecisionof the InternationalCourt of Justice,
the Governmentof the Republicof Malta and theGovernmentof

the LibyanArab Republic shall enter intonegotiations fordeter-
mining the area of their respectivecontinental shelvesand for
concludingan agreementfor that purpose in accordancewiththe
decisionof the Court."

5.02 ThegeneralintentoftherequesttotheCourtmadebyArticle1is
clearfromthi text. TheCourtisaskedtoSaywhatprinciples-andrulesof
internationallawareapplicabletothedelimitation inthepresentcaseand
"howin practice" those principlesand rules can be appliedby the two
Parties. Inotherwords.the ~roceedin~s areconcerned withthestatement
bythe Courtoftheapplicablé principl&andrulesofinternational Law and
their a~vlicationbv the Parties. It is for the Court to decide"how in

practi&'suchprincGlesandrulescanbeappliedbythetwoPartiesinthis
particular case." It is for the Parties, acting in accordancewith the
decisionoftheCourt,todrawbyagreementtheboundary linebetween the
areas of continentalshelfappertainingto each of them.
'As notedinpara.3 abovc,boththeArabicandEnglishtexarc cquallyauthentic.
'ArticlIIprovidesfothesubmissioofwrittcn plcadingsfortheordeofspcakingat
theoralhearingstobedtcidtdbymutualagreement.Asstatinpara.6aboveit hasbeen
agrccdbythe Parties ttttheoralhearings.thercprescntasfMaltawillspcakfirst.96 CONTINENTAL SHELF 1781

5.03 Although the general intent of Article 1isclear, it rnay be useful
at this stage to present some observationson the nature and scopeof the
request made by that Article. Some light may be thrown on the question
of inlerpretation bya comparisonof the Special Agreement in the present

case with those in the NorrhSea cases,the Anglo-FrenchArbitration and
the TtrnisiajLibyocase'.

5.04 Al1four SpecialAgreementshave someelemenlsincommon, but
most clearly distinguishable from the present case is the request in the
Anglo-FrenchArbifrationwhichasked the Court in that case to decide,in
accordance with the rulesof international lawapplicable in the malter as

between theParties, the actual courseof the boundary. That request did
not ask the Court to pronounceon the applicable principles and rules of
international law,whichthe present requestdoes;on the other hand, it did
ask the Court to determine the course of the boundary, which the present

request does not. Accordingly,there is no real comparison between the
request in the present case and the one made in the Anglo-French
Arbirrarion.

5.05 A comparison may, however,be made between the requests in
the other three cases. In the viewof tibya, the scopeof the present one
falls betweenthe scopeof the requests inthe North Sea cases and the one

made in the TunisialLi caye. This is apparent not only from the
wording of the requests,but also from the context in which they appear.
The present request is similar to the requests in the North Sea cases in
asking the Court to decideon the applicable principlesand rules of inter-

national law and leaving it to the Parties to effect the delimitation by
agreement in accordance with the decisionof the Court2. However,the
present request goesfurther byaskingthe Court todecide"how inpractice
the principlesand rulescan beappliedbythe two Parties in this particular
case". Article 1of the TunisiaILibya Special Agreement alsorequesteda

decisiononthe applicableprinciplesand rules, but the languageusedgoes
even further in the direction of precision and specificity. In a separate
sub-paragraph, itrequesled the Court "to clariJythe practical methodfor

'Forconvenicnceofreïerencc,thetextsof the Special Agreementisn thcascsare
attachedasAnnexes77. 78and79 rcsptctivcly. Therelevantarticlesare:intheNorthSeo
cases.Article1;intheAnglo-FrenchArbirrarion.Articles2and9;andinthe Tunisia/Libyo
case,Article1.2and3. Forconvenience, theArbiiroiionBerweenthe UnitedKingdomof
Confinenrai helf.Decisionsof the CourtofArbirroriondoted 30 lune 14March f the
1978.prcsentcdto Parliameniby the SecrofaStaie for Foreignand Commonwcalth
Amairsby Commandof HerMajcsty.March1979.London,H.M.SiaiioncryOfice [1979],
Misc. No. 15203pagcs (Cmnd. 7438) and the arbitrationprocccdingsthcrnselvcsare
refcrrcdto in this Mernorialas the "Anglo-Arbitraiion".
'IImay k recalledthattheJudgmentintheNorrhSeacascsrcflcctcdthegcneralithef
requcsand cnabledtheParticstorcachagreemeamong thcmsclvcsonthedclimitationof
thcirarcasorcontinentalshelf.1791 MEMORIAL OF LIBYA 97

the opplicarionofthese principlesand rulesinthisspecificsituation1" so as
to enable "the expertsof the twocountries" todelimitthe areas. Cornpar-
isonof the language supportsthe moregeneral interpretation of Article I

of the Special Agreement in the present case. For example, the Tuni-
sia/Libya request used the word "clarify" (in the Tunisian version"spec-
ify precisely"); the present request does not. The former used the
affirmative expression"for the application"; thelatter usesthe words"can

be applied". The former leavesdelimitation to "the experts";the latter
reservesthe application of the principles and rules to "the two Parties".
The significanceof the last-mentioned provisionis underlined by Article
III of the Special Agreement which requires the two Governments "to

enter into negotiations for determining the area of their respectiveconti-
nental shelves ...2".

5.06 The absence of any reference to "experts" and the provision for
"negotiations" implya significantdifference fromthe Tunisia/Libya Spe-
cial Agreement. ln that Agreement, there was no mention of the word

"negotiations", andthe delimitation by the experts in accordance with
Article 1 and the determination of the delimitation line by the Parties
contemplatedby Article 2 wereviewedalmostas a purelytechnicalimple-
mentation of the Court's Judgment. Tothis extent, therefore,the present

situation is more closely analogous to that presented in the North Sea
cases, where Article 1,paragraph (2) of the Special Agreement(s) pro-
videdthat followingthe Judgment the Parties "...shall delimit the conti-
nental shelf in the North Sea as between their countries by agreement in

pursuance of the decision requested from the international Court of Jus-
tice'". Neverthcless,the decisionrequested in the present case isstill not
on the same levelof generality as that in the North Sea cases.

5.07 Article 1of the Special Agreement in the present case requests
the Court to decide "howin practice" the principles and rules caribe

a. .ied by the Parties so that they may delimit the areas of continental
'According to the English translation by the Rcgistry of the French version supplicd by
Tunisia to thc Court. this passage shouldread, .to-.p.cifyprecisely the practical way in
whichthe aforeçaidprincipjesan2 rutes appfyin this particular situaI.C.J. ~eporrs
1982, p.18,ai p. 21 (italics added here and in the text abovc).
'Thcnegotiations soindicatcdand thc agrcemcntcontemplatd in Article III will,ofcourse,
iollowthe Court'sdecisionasto the principlesand rulesof interlawiapplicableinthis
case and 'how inpracticc" theymay bc applicd.
'Referring to the provisionsor those SpccialAgreements, wwereanalogousto Article
III of this~~pccial'~~reementt,he ~o;rt in f969 staied that:
'The Court isnotaskcdactuallytoddimitthe..boundaricswhichwillbeinvolvd, this
task beingrcservcdby the Spccial Agreementstothe Parties. whichundcrtacktta
such a delimitation 'byagreement in pursuanofthedccisionrqucsted from the...
Court'- that ista sayothebasisof,and inaccordanccwith,the ptinciplesand rulesof
internationalaw foundby the Court to beapplicable." (NoSeo ContincnralShe~
Judgmeni.I.C.J. Reports 1969.p. 13para. 2.)98 CONnNENTAL SHELF 1801

shelfappertainingto thern without difficulty.This requestdoesnot pre-
supposethat therewillnecessarily be one methoo dr onerigidrule auto-
maticallyto be applied in the case. What degree of precision then is
required of the Court in reaching its judgmentin this case? In the
Tunisia/Libya case,inthe contextof a similar question,the Courtstated
that "..it hasinanycasetobe preciseastowhat itdecides ...'"Acertain
degreeof precisionmust naturallybe viewedas beingan inherentpart of
the formulationof a decisionrenderedwithbinding forcein connection
withcontentiousproceedings, Thus,although itis Libya'sviewthat the
Courtneednot,inthepresentcase,specifyorparticularise one"methodof
delimitation",orevenonewayor mannerbywhichor "how inpractice ...
[the] principlesand ruiescan be appiied",it is neverthelessalso Libya's
viewthat thegoaltobereachedistheresultwhichwouldbe inaccord with

equitableprinciplesand representthe mostappropriateapplicationofthe
existing principlesand rulesof internationallaw. This wouldnaturally
involvcan assessmtntbythe Courtofthe relevantcircumstancesand the
wcightto bc attached to them.
5-08 Against the backgroundof the aboveobservationsonArticles 1
andIII ofthe SpecialAgreement,itisappropriatetorecallwhattheCourt
had to Sayin its 1982Judgmentas to its task. In paragraph 29 of the
Judgmentthe Court said:"What the Court is askedto do is to render a
judgment in a conttntiouscasein accordancewith Articles59and 60 of
theStatute and Article 94,paragraph 2,ofthe Rulesof Court ...ln.It is

clcarthat theCourt isfacedwiththesamesituationintheseproceedings;
itis to render aJudgmentina contentious caseinaccordancewith those
ArticlesoftheStatuteand Rulesandwith binding force andeffectforthe
purposeofres judicata. Therecanbe noquestionofthebindingforce of
the Judgmcntsoughthcrein,or indeedof the validity or effectiveneso sf
theJudgmentbeinginany manner dependentuponthewiilorapprovalof
either orboth Parties,
5.09 Turningagaintothetextofthe SpecialAgreementA , rticl1asks
the Court to indicate theprinciplesand rulesof internationallawwhich
maybe applicable. A detailed analysisofthe principlesandruleswillbe

takenup inthe followingChapter ofthis Mernorial. It sufficesto Sayat
thisstagethat theSpecial Agreement,asa conventioninforceas between
Libyaand Malta, doesnot refer to anyspecific principlesor rulesof law
expresslyrecognisedby the Parties as beingfor the Court to apply.
5.10 It isnowappropriatetoturn fromconsideration ofthe textofthe
SpecialAgreementtoconsiderationoftheprinciplesand rulesofinterna-
tionallaw whichare to beindicatcdby the Court for applicationby the
Parties to the factsof this case.

lContinentalShclf (Tunisia/LiArabJamahiriya,Judgment,I.C.J.Reports198p.
40, par29. THE PRINCIPLES ANDRULESOF INTERNATIONAL LAW
APPLICABLETO THE PRESENT CASE

Introduction
6.01 ThepurposeofthisChapter isto presentto the Courta succinct
staternent of the applicablelaw, as perceivedby Libya. To that end,
SectionsA and Bdealwith animportantlegaldistinctionofconsiderable

consequencefor the present case. Thisis the distinctionbetweenprinci-
plesand rulesgoverningthe legal basisof a State'sentitlementto shelf
(that is Section); and the principlesand rulesgoverningthe delimita-
rionof shelf boundariesbetweenStates withopposite oradjacent coasts
(that isSectionB). SectionC concludes thisChapter by discussingthe
roleof proportionalityin the delimitationprocess.

6.02 It may be helpful,in this Introduction, to stress the importance
whichLibyaattaches to the distinctionmade in SectionsA and B. The
distinctionbetweenthe basis orroot"oftitle andthe precisedelimitation
ofthe areaoflandgovernedbythat titleiscommontornost,ifnotall,legal
systems. Throughoutthe evolutionof the legalregimeofthe continental
shelf this distinctionhasn maintained.

6.03 In the Truman Proclamationof 1945l,the title of the United
Statesto itsadjacentshelfwasprcdicatedonvariousgrounds. It was"an
extensionof the land-mass";it oftenontaineda "seaward extensionof a
poolor depositlyingwithinthe territory"; its exploitationwouldbe"con-
tingentupon cooperationand protectionfromthe shore"andwouldbeof
paramountconcerntothecoastalState becauseof"self-protection". Yet,
separatefromtheseconsiderationsin the Preamble, the reference tothe

problem ofdelimitationwithneighbouringStates wasto be foundin the
dispositivepart, andit wasinthis rcfcrcncethat theterms"inaccordance
with equitableprinciples"wtre to be found.
6.04 Conventionallaw has adhered to this samedistinctionbetween
legalentitlement and delimitation. In the 1958Conventiong,Article 1

dealtwiththedefinitionoftheshelfand itsouterlimits,Article2withthe
nature of the coastal State's rightsover the shelf, and Articleith
delimitationofboundariesbetweenStatesadjoiningthe sameshelf. Inits
1969 Judgrnent the Court noted:"Article 1 is cancernedonlywith the
outer,seaward,limitof the shelfgentrally, not withboundariesbetween
the shelf areas of oppositeor adjacent States. Article 2 is equallynot

copyofthisPraclamatisattachedaAntuxe80.)Reglste12303(2Oct.1945). (A
'ïhetcxtof thisConventioinsattachAnncx81.100 CONTINENTAL SHELF [82]

concerned withsuch boundaries'." Under the United Nations Conven-

tionon the LawoftheSea, Article 76 definesthe shelfand itsouter limits;
Article 77 definesthe nature of the coastal State's rights (and are thus
analogous to Articles 1 and 2 of the 1958 Convention); and Article 83
deals withdelimitation (and is thus analogous to Article 6)2.

6.05 Nevertheless, acertain conceptual problem mayappear insofar
as Article 76 of the Convention on the Law ofthe Sea incorporates the

concept of "natural prolongation" within the definition ofthe shelf, and
the Court itselfin its1969 Judgment referred to the conceptas the source
of an ipso jure title3. At the same tirne, in the North Sen cases, and in
later cases such as the AngleFrench Arbitraiion and the Tunisia/Libya
case, the concept has beenused in the context of delimitation.

6.06 In Libya's view. however, the probfem is more apparent than
real. The definitionof the shelf cantained in Article 76 is what may be

termëd an "absolute" definition. It postulates outer limits where no
problems ~JdelirnitotionwirhneighbouringStates arise. Thus, entitle-
ment anddelimitation (in terms ofabsoluteouter limits) go hand in hand
when the issue is one of distinguishing between an area within national

jurisdictionand an area beyondit. Whether the outer limitsare definedin
terms of a 200 milelimit or the outer edgeof the continental margin, the
correlation between entitlement and outer lirnits exists preciselybecause
no question of a boundary with a neighbouring State is contemplated4.

6.07 In rnanycases, however,the situation'willbe very diflerent. In
the North Sea, for example, the "absolute" definitionof the continental
shelfwaswithoutobject forthe very obvious reasonthat the shelfarea was

fringed byStates adjoining the same shelf, and there could not be any
questionofouter limits, butonlyone ofdelirnitation. The Mediterranean
is a sirnilar caseifonly becauseof the fact that the coastal States either
adjoin the sarne shelvesor havecontinental margins which meet, and so
there is Iikely to be no area which lies beyondthe limits of national

jurisdiction. Thus the conceptrelating to "outer limits" losesits practical
relevance in the Mediterranean. The issue becomes, necessarily,one of
deiirnitation rather than of entitlement in any absolute sense.

6.08 There remains, however,the principle of natural prolongation.
Does this. too, lose al1 relevance? In Libya's view it does not. 'The

North Sea ConrinenialSheg Judgment,I.C.J. Reports 1940,para. 67.
Forconvenicna,theUnitedNations ConventioonntLaw of theScaisrcfd to inthis
Mernoria lsthe "ConventioontheLaw of theSea".Acopy of the tcxtof PartVIof this
Convention,Articlesto 85pcrtainingto thecontinentals,sattachcasAnnex82.
North Sea ConrinenrolSheKJudgmenrIC.J. Reports 1969,p. 31,para.43.
Indeed.paragraph10of Articl76 States:"Theprovisionofthis articlearcwithout
opposite or adjacentcoasts."imitation ofthe continental shelfbctwcenStates with1831 MEMORIALOF LIBYA 101

reasons forthis have, in Libya'sview, beenampIydemonstrated in earlier

judgments of the Court. As the Court stressed fromthe outset: "The
institution of the continental shelf has arisen out of the recognition of a
physicalfact ..."'.The physicalfacts must, inprinciple,remain relevantto
questions both of entitlement and of delimitation. Not only does the
physical fact of natural prolongation operate throughout the shelf area
(unlike the 200 mile limitwhich is an arbitrary limit and which operates

onlyas the outer lirnit), but italso providesthe basis fora distinctionvital
for delimitation purposes, namely between:
(i) a situation where neighbouringStates are located ondi'erent
shelves,in terrns of distinct natural prolongations; and

(ii) a situation where neighbouring States are located on the
same shelf, and where the shelf area in question may be regarded as
much the natural prolongation of the one as of the other on the

geologicaland geomorphologica1evidence.

6.09 This distinction is basic to the conceptual relationship between
"natural prolongation" and delimitation. For,as willbecomeapparent in
the sections that follow, in the first situation the evidence of "natural
prolongation" is fundamentally evidenceof a geologicaland geomorpho-.

logical character and serves to establish the basis for the boundary
between differentshelves: thus legal entitlement and delimitation go hand
in hand. In the second situation whete natural prolongations meet and
overlap, and both States may on that basis claim legalentitlement to
overlapping areasof a common shelf,the geologicalor geomorphological
structure of the shelf may still serveas a useful or even determinant

criterion for delimiting the shelf. Its role, however,is that of a relevant
factor, not that of alimitto the area of entitlement2,and legalentitlement
on the basis of natural prolongationand delimitation no longer haveany
necessarycorrelation.

'North Sea ConlinenmlShelJ.Judgmeni,I.C.J. Reports 196p.51, para.95.
ContinentalShelf (Tunisiu/LibyanArab Jumahiri,Judgmenr,I.C.J,Reports1982,p.
46.para.43;p. 57, para.66; anp.56, para68.102 CowiNENTAL sHELF [841

A. Principlesand RulesGoverning aState'sLegalBasis ofTitle

to theContinentalShelf
1. NaturalProlongation as the Basis ofTitle

6.10 The law by virtue of which both States claim entitlement is, of
course, international law. The Special Agreement does not contain any
specialrules agreed between theParties and applicablein the present case
as regards entitlement or delimitation. In the present case, neither the

1958Conventionnorthe Convention onthe Lawof the Sea apply - in the
firstcase because Libya is not a Party and in the secondcase because the
Convention on the Law of the Sea is not yet in force and has not been
signedby Libya. Giventhe absenceof any treaty or convention providing
rults directly applicableinthe present dispute, it followsthat theCourt is

asked to giveexpressionto the principlesand rules of customary interna-
tional law.
6.11 In the North Sea cases,the Court started fromthe basic prernise
that the ipsojure titleofthe coastal State to the submarine areas in front

of itscoast is based on the geologicalfact of the prolongation of its land
territory into and under the sea:
"What confersthe ipsjoure title whichinternational lawattributes
to thecoastal State inrespectof itscontinental shelf,isthe fact that
the submarine areas concerned may be deemedto be actually part

of the territory ovewhich the coastal State already has dominion,
- in the sense that. although covered with water, they are a
prolongation or continuation of that territory, an extension of it
under the sea'."

From that premise the Court drew the conclusionthat only this natural
prolongation, not mere proximity to points of the coastline, could confer
title to the continental shelfreas:
"From this it would followthat whenevera givensubmarine area

doesnotconstitute a natural -or the mostnatural - extensionof
the land territory of a coastal State, eventhough that area may be
closerto it than it isto the territory of any other State, it cannot be
regarded asappertaining tothat State; - or at least itcannot beso
regarded in the faceof a competingclaimby a State of whoseland
territory the submarine area concerned is to be regarded as a

natural extension, even if it is less close to itP."
Thus, the Court considered the identificationof the natural prolongation
of a State's territory into and under the sea as a necessary and indeed
indispensable basis fora claim of a coastal State to submarine areas in
front of itsoast under the legal concept of the continental shelf.
.-. . .
NorrhSeaContinentalShelj.Judgmenr,I.CReports1969,p.31,para.43suals po.22,
para.19;andp.51, para.95.
Ibid.,p.1,para.43.1851 MEMORIAL OF LIBYA 103

6.12 This view of the basis of title is entirely consistent with the
developmentof the legalconcept of the continentalsheifand it may beuse-
ful to review,briefly,the successivestagesin the evolution of this concept.

(a) The TrumanProclamarion O$ 1945
6.13 It may be recalled that the Proclamation of the President of the

United States of 28September 1945,whichinitiated the world-wideclaim
for coastal States' exclusivejurisdiction over the resourcesof the sea-bed
and subsoiladjacent to their coasts, had justified suchjurisdiction onthe
ground that the continental shelfis to be regarded "as an extensionof the
land-mass of the coastal nation and thus naturally appurtenant to it'."

The proclamation alsocitedother groundsfor the justificationof the claim
to continental shelf jurisdiction (possibleseaward continuation of land
deposits,dependenceonthe coast for effectiveexploitation,needfor super-
vision over activities before the coast for security reasons); but these
grounds were more valid in the immediate adjacency of the coast than

further out in the sea. The geological fact of natural prolongation was
thus reliedupon from the beginningas the legaljustification for continen-
tal shelfjurisdiction, evenbefore ithad beenidentifiedby the Court in its
1969 Judgment as the legal basis for a coastal State's continental shelf
jurisdictionundergeneral international law. Indeed, the positionadopted

by the United States in theTruman Proclamation was quicklyadopted by
other Statesand,as willbe seenin the followingsection,formed the basis
for the work ofthe lnternational Law Commissionin preparing the draft
articles for the 1958 Convention.

(b) The Preparation ofthe 1958Convention

6.14 In the preparation of the 1958 Convention, the propositionthat
natural prolongation is the legal basis for the coastalState's exclusive
jurisdiction over the submarine areas adjacent to its Coast was never
disputed, although it did not findverbal expressionin the Convention
itself. In the discussionsof the International LawCommissionand of the
First United Nations Conference on the Law of the Sea which led to the

adoption of the 1958 Convention,the "natural prolongationn argument
played a relatively minor role in the prolongedand sometimesconfusing
controversy about the definition of the "continental sheIF in the legal
sense: that is, the definition of the submarine areas to which the legal
regime ofthe Convention should apply. This was,however,not due to the

fact that natural prolongationas the sourceof the coastal State's title was
'Thecontrary vicw. rejectebdythcTruman Proclamatn.asthattitlearoscfromsome
notional"occupatio"fthesea-bedasresnullius. Sec,forexample.HURST,SirCecil J.B.,
"Whostisthe BcdoftheSea?"The BritishYearBook~JlnternationalLa1923-1924.pp.
34-43;VALLAT F,.+TheContinental helr'ibid..1946,pp.333-338atp.334 (acopyofthis
pageisattachedasAnnex83); WALDOCK H..-TheLegalBasisof ClaimtatheContinen-
talShelf', TheGrotiusSociery,TransactionsjorrheYear195036,l1951,pp.115-148
at p. 146(a copyof this pageis attachcdas Annrx84).104 CONTINENTAL SHELF 1861

consideredirrelevant ordisputed; the coastal State's titleto the submarine
areas in front of its coast was already generally accepted at this stage of

the discussion. The discussion centered rather around the problem to
what extent the definitionof the area over which the coastal State would
exercisejurisdiction - in particular its seaward limit - should be linked
to the existence of a continental shelf in the geologicalsense.

6.15 The main preoccupation of those who drafted the definition,

which later became Paragraph (1) of Article 1of the 1958 Convention,
was to formulate a definition which would cover also those situations
where there was no clear evidenceof a continental shelf in the physical
sense. Therefore, Article 1of the 1958Conventionwasdrafted in a way

which avoidedany reference to geological criteria and definedthe "conti-
nental shelf' as a legal term for the identificationof the subrnarine areas
under national jurisdiction onlyby the criteria of "adjacency" and depth
or "exploitability". This definition of the submarine areas to which the

legalcontinental shelf regimeapplieswas to agreat extent influencedbya
similar definitioncontained in a resolutian of the Inter-American Confer-
ence at Cuidad TrujiHo (15 to 28 March 1956) which used the sarne
criteria'.

6.16 Since Paragraph (1) of Article 1 of the 1958 Convention was
designedto definethe seaward limits ofnational continental shelfjurisdic-

tion - and notto describethe sourceoftitle to thesesubmarine areas - it
would be erroneous to conclude from the wording of the article that the
physical fact of "natural prolongation" had becomeirrelevant; it still

'The definitionwas as follows:
"The sea-bcd and subsoil ofthe continental shclf, continental and insular terrace, or
other submarineareas, adjacent to the coastal state, outsidcthe area of the territorial
sea, and to a dcpth oZOO meters or, beyond that limit, to where the dcpth of the
superjacent watersadmitsof the exploitationof natural rcsources ofthe sca-bcdand
subsoil,appertain exclusivelyto that state and are subject to 11sjurisdiction and con-
trol." Rcsolution of Ciudad Trujillo, in Inter-AmerimnJuridicul Yearbook,1955-
1957,Pan American Union, WashingtonD.C., 1958,p. 261. (A copy ofthis page is
attached as Annex88,)
The reason for this formula has been explained by a mcmbof the International Law
Commission,which took ovcr thc substance of the Trujillo form(GARCIA AMAWR,
F.V., TheExploirarion and Conservationofthe Resources01 theSea. Lcydcn. Sythoff.
1959,p. 108;a copyof this page is attachedAnnex 86):
"The formulaadopted at Ciudad Trujillo is desigIOplacc al1coastal States on an
equal footing with respectto the submarine areas adjacent to thcir respectiveterrito-
rie..The gcographicalconfigurationof the bcd of the sea contiguousto the coast of
continentsandislandsissametimessoirrcgular that it cabtdefined intermsof the
shelf or terrace concepts. When this is soinathe case of somccountrics in the
Amcrican continent and elscwhcre,the coastal State may exetcise the same exclusive
rights now cnjoycd by thosc which have a continental or insular shelf and tcrracc,
providedthe depth of the superjacent waters admit of the exploitationof the natural
resources of thecabed and subsoil and that the submarine area bc adjacent to the
territory of the coastale." MBMORIAL OF LIBYA 105

constituted the basic justification forthe coastal State'sjurisdiction over

the submarine areas adjacent to ils Coast. The Court, in considering
"natural prolongation"as the fundamental basisofcontinental shelfrights
in 1969,was thereforenot at variance withthe definitionofthe continental
shelf contained in Article 1 of the 1958 Convention. Moreover,the
dictum of the Court with respect to the entitlement to continental shelf

areasrnust be regarded in ils proper perspective:the Court wasnot asked
to pronounceonthe outer, seaward lirnitof the continental shelfregime as
defined in Article I of the Convention, oron the identification of areas
where the existenceof a continental shelfin the geologicalsensebecomes

doubtful. In the North Seo cases there had been nodoubt that the area
which wasto be delimited consistedof continental shelf in the geological
sense.

(c) The Third UnitedNationC sonferenceon
the Law of the Sea

6.17 The definition of the continental shelf in the legal sense was
further elaborated and in its scope expandedby the Third United Nations
Conferenceon the Lawof the Sea. At the initial stage of the Conference
during the second sessionin 1974,the discussioncentered mainly on the

questionof the extent to whichthe continental shelf regime shouldremain
independent fromthe regirneof the 200-mile exclusiveeconomic zoneand
whether natural prolongation should beintroduced into the definitionof
the continental shelf for defining the outer, seaward lirnit of national
jurisdiction. In the discussion,three main trends becameevident:the first

wanted to subsume the conceptof the continental shelf under the concept
of the exclusiveeconomiczoneonthe basisofa simpledistancecriterion of
200 milesand thus disregard natural prolongation; the second wantedto
definethe continental shelfprimarily bya minimumdistance of 200 miles

and further seaward throughout the natural prolongation wheresuch a
prolongation extendedbeyond 200 miles;and the third wanted to define
the continental shelf as extending to the outer edge of the continental
margin, but at least to a distance of 200 miles where the continental
margin did not extend to that distance1.

6.18 In this discussion the supporters of the "natural prolongation"
criterion relied heavily,and successfully,on the Court's 1969Judgment.

in the informa1consultationswhichwereheldduring the Third Sessionof
the Conference in Geneva in 1975, the opinion prevailedthat the legal
regime ofthe continental shelf shouldremain distinct from the conceptof
the exclusiveeconomiczoneand the natural prolongationcriterion should

becorne the main criterion for the definition of the continental shelf
'See Working PaperoftheSccondCommittcc:MainTrends. Provision68,ThirdUnitcd
NationsConferencconthe Law ofthcSca.O-icial RecordVol.III...117-118..A co.-
of thcspages iattachedas Anncx87.)106 CONTINENTALSHELF 1881

(although supplementedby the 200-mile"distance criterion"wherethe
geological shelfdoes not extend to this distance). The outcome of
the informa1consultationswasreflectedin the followingdefinition of the
continentalshelf whichappearedinthefirstnegotiating textissuedbythe
Chairmanof the SecondCommitteeof the Conferenceat the end of the
Third Sessionin Geneva:

"The continentalshelfofa coastalState comprisesthesea-bedand
subsoilofthesubmarineareasthat extendbeyonditsterritorialsea
throughout thenatural prolongationof its land territory to the
outer edge of the continental margin,or to a distance of 200

nautical miles fromthe baselines from which the breadth of the
territorialsea is measuredwherethe outer edgeofthe continental
margin doesnot extendup to that distance'."

This partofthedefinition ofthecontinentalshelfremainedunchallenged
until the end of the Conference,and hasnowbecomeParagraph (1) of
Article76oftheConventiononthe LawoftheSeafinallyadopted by the
Conferenceon 30April 1982.

6.19 During the following sessions of the Conference from1976to
1980themain controversy with respec tt thedefinitionofthecontinental
shelfcenteredaroundtheproblemwhether,andif soup towhat distance,

national continentalshelfjurisdictionshouldextendbeyond200nautical
miles wherethe continental marginextendedfurther than this distance.
Thesupportersof suchan extensionreliedheavily onthe "naturalprolon-
gation" criterion and defendedtheir claim as being the logicalconse-
quenceofthiscriterion. Theopponentspointedoutthat such a conclusion
wouldcompletelylosesightofthecriterionof "adjacencynwhichhadbeen
an important element in Article 1of the 1958 Conventionand would
encroachontheresourcesofthehigh seasasbeingthecommonheritageof
mankind. Inthepresentcasetheouterlimitofthecontinentalshelfisnot

at issue- norwasit inthe North Seo cases- andthereforethequestion
canbe leftasidewhether the supportersofan extensionofnational conti-
nental shelf jurisdictionbeyond 200 mileswere right in relying onthe
"natural prolongation"criterionas developedby this Court. Eventually
consensuswas reachedat theConferencetotheeffect(as nowembodiedin
Paragraphs 2to 7 ofArticle76 of theConvention on theLawofthe Sea)
that national continentalshelf jurisdiction woui, principle,encompass
the whole,"continental margin"(that is, the geornorphological "shelf",
"slope"and"rise") butwouldnotextendbeyond 350 nauticalmilesor 100

Articl62ofPartIIoftheInformalingleNcgotiatTextMay 7, 1975-Third United
NationsConferencentheLawoftheSea.OficiRaecords.VoIV,p. 162. (A coofthis
pageisattacheas Annrx88.)nautical milesbeyondthe 2,500 metre isobath. Thus, under the Conven-
tion onthe Lawof the Sea the "natural prolongation"criterion wouldalso
bethe fundamental basisfor national continentalshelfjurisdictionbeyond
200 miles.

6.20 In viewof the foregoing,it appears that the deliberations at the
Law of the Sea Conference have reinforced, rather than weakened, the
fundamental concept ofthe continental shelf as being the natural prolon-
gation of the land domain. In the Tunisia/Li caye, the Court had the
opportunity to considerthe impactofthe deliberationsat the Third United

Nations Conference on the Law of the Sea on this understanding of the
legal conceptofthe continental shelf. The Court indicatedthat Article 76
ofthe Convention onthe Lawof the Sea "may berelevant asincorporating
new accepted trends to be taken into account in the present case'". In
referring to the definition ofthe continental shelf contained in Paragraph
(1) of Article 76,the Court confirmedthatthe natural prolongationofthe

land territory isstillthe main criterion, andthat under the Conventionthe
distance criterionof200 nautical milesisto becomethe basisofthe title of
a coastal State to continental shelf rights over submarine areas only in
certain circumstances:

"That definition consists of twoparts, employing differentcriteria.
According tothe first part ofparagraph 1thenatural prolongation
of the land territory isthe main criterion. In the secondpart ofthe
paragraph, the distance of 200 nautical miles is incertain circum-
stances the basis of the title afcoastal State. The legal concept
of the continental sheIf as based on the 'speciesof platform' has

thus been modified by this criterion l."
6.21 In sum, therefore, it can be asserted that *natural prolongation"
remains the fundamental basis of legal title. In Libya'sviewthis is truc
for the purposc of the present case. For in the present case, where the

disputed areas are unquestionably part of the continental shelf (in the
physical sense) of one or the other Party, the basis forthe entitlement of
either Party to any part of this area must be that the part claimed is the
natural prolongation of its land territory. Thus, it followsthat, as a first
step, each Party has to prove that the natural prolongation of its land
territory extends into the area in which the delimitation is to be eflected.

If, as is so in the circumstances of the case now before the Court, there
existsa fundamental discontinuitybetween the shelfarea adjacent to one
Party and the shelfarea adjacent tothe other, then the boundaryshouldlie
along the general line of that fundamental discontinuity.

6.22 Finally, for the reasons givenin paragraph 6.06 above, the new
feature2ofthe Convention onthe Lawof the Sea whichusesdistance (200
'ContinentalShelJ(Tunisia/LibyArabJamahiriya),Judgmeni ,.C.J.Reports 1982.p.
48, para.47.
'Thi scatureis somctimtrtferrcdto forconvenicasthc "distancecriterion".108 CONTINENTALSHELF i901

or 350 nautical miles) forthe definitionof the outer limit of the continen-
tal shelfin certain circumstances could haveno application to delimita-

tion. Moreover. the Convention itselfis not in force either generaliy or
between the Parties to the present case.

2. The "Double Aspect" of Natural Prolongation

6.23 In its 1982 Judgment, the Court reaffirmedthe "double aspect"
of natural prolongationas being,on the onehand, the basis of legaltitle to
continentalshelf areas and, on the other hand, a relevantfactor indelimit-
ing these areas between neighbouring States. The Court stated:

"While the term 'natural prolongation' may have been novel in
1969, the idea to which it gave expression wasalready a part of
existingcustomary lawas the basisof the title of the coastal State.

The Court also attributed to that concept a certain role in the
delimitation of shelf areas, in cases in which the geographical
situation made it appropriate to do so. But while the idea of the
natural prolongationof the land territory defined,in.genera1terms,
the physicalobject or location of the rights of the coastal State, it

wouldnot necessar:lybe sufficient, orevenappropriate, in itself to
determinethe preciseextent ofthe rightsofoneState in relation to
those of a neighbouring State'."

Thus, the jurisprudence of the Court seems to recognise that, although
natural prolongation provides the basis for title, there are situations in
whichnatural prolongationis not initself sufficientto be determinativeof *
a delimitation, but where consideration of other relevant factors is
required.

6.24 It is important to recall the fundamental distinction made earlier
between Iwodiflerent situations of geologicaland geomorphologicalfact,
namely wherethere are in fact two separate shelvesand where two States
sharean area of singleor cornmon shelf. Thisdistinction iscloselyrelated
to the distinction made by the Court.

(a) Situa~ionswhere there exist

two separate shelves
6.25 The Court has recognised that there may well be situations in

which the geological and geomorphological evidenceindicates "such a
marked disruption or discontinuance of the sea-bed as to constitute an
indisputable indicationofthe limitsof two separate continental shelves, or
'ConrinenraShelf (Tunisia/LibyArab Jamahiriya)Judgmcnr,I.C.J.Rcporr1982,p.
46. para43 two separate natural prolongations'". In such a situation there will be
virtual identity betweenthe processof recognisingtitIe and the processof

delimitation becausethe sameevidencewhichdeterminestitle willdemon-
strate not only the area of entitlement, but also the limits of the natural
prolongation with sufficient precision to provide a basis fordelimitation
providedan obviouslyinequitable result is not reached.

Situations where rhereexisrsone,continuoussheif
(b)
, adjoined by two or moreStores

6.26 Here the situation is very different, for a Court is faced withan
area which may be said to be the natural prolongation of al! of the
adjoining coastalStates. The geologicaland geomorphologicalevidence
ceasesto bedeterminativefordelimitation purposes,eventhough "natural

prolongation" remains the basis of the title of each and every adjoining
State.

6.27 It wasthis type of situation whichthe Court of Arbitration faced
in the context of the EnglishChannelz,and which thisCourt faced in the
Pelagian Blockas between Tunisiaand Libya3. In bothcases the Courts

appeared not toquestion that "nalural prolongation" wasthe basisoftitie,
but foundlittle assistanceinthe geotogicaland geomorphological evidence
for purposes~Jdelimitation. In the TunisialLibyacasethe Court (refer-
ring to its 1969 Judgment) said:

"The Court also attribuied to that concept a certain role in the

delimitation of shelf areas, in cases in which the geographical
situation made it appropriate to do so. But while the idea of the
natural prolongationofthe land territory defined,ingeneral terms,
the physicalobject or locationof the rights of the coastal State, it

would notnecessarilybe sufficient,or evenappropriate, in itself to
determine the preciseextent ofthe rightsofoneState in relation to
those of a neighbouring State'."

And in a subsequent passage it added:

"11would be a mistake to supposethat it will inal1cases, or evenin

the majority of them, be possibleor appropriate to establish that
'ConrinentalShey (Tunisia/LibyunArabJarnahiriyu)Judgmeni,I.C.J. Reporrs1982,p.
57,para.66. this approachdoesnot diffeinessentialsfromthat of theCourtof Arbitra-
iionintheAnglo-FrenchArbiirution.Decisiono30 June 1977(Cmnd.7438), p.63, para.
107, whercthc Courtof Arbitratiospoke of "disc~nlinuities"which rnay,may nol,
"disrupttticsscntialunityof the continentalshclf'.
'Anglo-FrenchArbitration,Decisiono30June1977 (Cmnd.7438), p.62, para.107;p.92,
para.191;and p. 93. para. 194.
aContinenralShelj(TunisiafLibyonAra6Jamahiriyaj.Judgmeni.I.C.J.Reporis1982.pp.
53-57,paras.61-66.
'Ibid.,p. 46para.43.110 CONTINENTAL SHELF [~ZI

the natural prolongationof one State extends,in relation to the
naturalprolongationofanotherState,just sofarandnofarther,so
that the twoprolongations meetalongan easily definedlinel."

6.28 It isinthis categoryofsituation, therefare,that "natural prolon-
gation"inits traditionalcharacterasa physical conceptcannotbeconclu-
sive for delimitation purposes. Butit may still retain considerable
significancefor, asexplainedbelow,the geologicaland geomorphological
evidenceremains partofthe relevantcircumstancesinfluencinga delirni-
tation;but suchevidenceisnot,and cannot be, determinativeinthe same
wayas it wasin the firstcategoryof situations.

6.29 In suchcasestheCourts havenecessarilycurned tufactorssuch
as the geographicalconfigurationsof the coasts,proportionality(or dis-
proportionality)asbetweencoastal lengthsand sea-bedareas and, above
all, to theviewthat naturalprolongation mustultimately be appliedas a
legalconcept in lightof the need tosecurean equitableresult2.

B. Principles and Rules Governing theDelimitation of the
ContinentaS lbelf

6.30The basic,generalprincipleof internationallawwhichgoverns
continentalshelfdelimitationhas been mostrecentlyreaffirmedby this
Court in its 1982Judgmentin the TunisialLibyacase-

"...the delimitationisto be eflectedinaccordance-with equitable
principles,and taking accountof al1relevant circumstancesJ."

Thus,theapplicationofequitableprinciptesimpliesthatal1factorshaveto
be taken into accountwhich are relevantto the particular situationin
whichthe delimitation takesplace,andeachof themis to beaccordedits
appropriateweightinthe particularcircumstances ofthe caseinorderto
reach an equitable result. Jurisprudencehas already stated rules and
guidelinesastotheselectionoftherelevantfactorsandtherelative weight
which should be accordetdoeachofthem, and thepropercoursewillbeto
followand interpretthese rulesand guidelines forreachingan equitable
result alsoin the present case.

6.31 The followingpart of the Mernorialwillanalyse the pertinent
rulesand guidelines forthe identificationand determinationof the rele-
vant factorsofdelimitationwhichcanbe inferred fromthejurisprudence,
and in particular frornthejurisprudenceof this Court.

'ContinentaSheu (TunisiajLibyanArobJomahiriya),JudgmenI.C.JReports 1982.p.
'Ibid.. pp.92-94,para.133 [disposilin.
'Ibid.. p. 92. p133.(A)( 1)[disposii.fl i931 MEMORIAL OF LIBYA III .

1. EquitabtePrinciplesandtheAim of Securingan
Equitable Result
6.32 Thedominanceofequitableprinciplesinthe lawgoverning conti-

nental shelfdelimitation isnot a recent development but,on the contrary,
was from the outset an integral part of the new legal regime. In the
Truman Proclamation of 1945,for example, it was stated expresslythat
"in cases where the continental shelf extends to the shores of another
State, or is shared with an adjacent State, the boundary shall be deter-
mined by the United States and the State concerned in accordance with

equitable principles'".
6.33 In the subsequent work of the International Law CommissionL

the inherent difficulties of delimitation were recognised and this was
reflected in the general preference fordelimitation by agreement or by
reference to arbitration. The Commission'srecourse for advice to the
Committee of Experts wasnot expressedinterms of asearch for appropri-
ate rulesof law, but rather in terms of a methodof delimitation. Indeed,

giventhe compositionof the Committee of Experts, a body of hydrogra-
phers, they could scarcely be expected to advise on the law. Their pre-
ferred method, after considerable discussion, was that of equidistances.
This was for purposesof delimitation of the territorial se- a maritime
area which,because of its narrowness,limitsthe scope fordistortionwhich

the equidistancemethod mayproduce. Moreover,evenwithin the territo-
rialseathe Committee recognisedthat in "a number of cases this may not
lead toan equitable solution,which shouldthen be arrived at by negotia-
tion." This expert body of hydrographers, for whom the equidistance
method hadan obviousattraction sinceit suited their particular skills,was

therefore fully aware that an equitable,solution must predominate over
that which might emerge from the automatic application of the equidis-
tance method.

6.34 The adaptation of the method advocated by the Committee of
Experts forthe territorial sea to the new regime of the continental shelf
wasaccomplishedby the International Law Commissionin 1953,but with
the same important proviso:unless "another boundary line isjustified by
special circumstances4". During the 1958 Geneva Conference various

delegations,in discussingthe draft article whichultimately became Arti-
cle6 of the 1958Convention, gave examples ofsituations which mightbe

of this Proclamatisattachedas Annex80.)alRegister12303(2 Oet. 1945(A copy
*Thisis rcviewcdin the Cou1969 Judgmcnt,~VortSea ContincnialShey, Judgmcni.
I.C.J. Reporrs1969,pp.33-35. paras.48-54.
aForthe ReportofihcCommitteeof Eapcrts,sU.N.Doc.A/CN.4/61/ Add.1.Yearbook
oJihe InternationalLow Commission.1953.Vol.II. 77-79(A copyof tha pages is
" attachedas Annex89.)
'Reportof theIniernaiionalLaw Commissionto theGcncralA~sembly,Doc.. /2456.
ibid., at p.216. (A copyof thisisaitachcas Anncx90.)I 12 CONT~NENTAL SHELF P41

rcgitrded 3s "spcci:iIcir~urn~t;inccs",but itw;is the Unitcd States repre-

scntniivc in the Fourth Coiiiriiitteewhoiilludcd tu the rolc of thrit concepi
3s being to proniote equitp'.
6.35 This viea.of Article 6 of the 1958 Convention wiiseinphiiticiilly

endorsed bytthe Court of Arbitrafion in its 1977 Aw:trd. Thiit Court
said:

"In short. the rôle of thc 'specialcircuiiisi;inces' conditicinin Arii-
cle 6 is io cnsure iin cquitablc deliniitiition: iind thc' conibincd
'equidistrince - spcciiilcircumstanccs rulc'. in ctfcci. givcspiirticu-
Iar expression to rigcner~tlnorni that. riiilinp agrccnient. the

boundiiry betwccnStates iibuitinp on the sanie contincntal shclf is
to be dctcrniincd on ~quititblcprinciplcs'."

Thc çHèctof this Awrird. thcrcfore. wiis virtunlly io rissiiiiil:itcthc rule
contiiincd in Article 6 of thc 1958 Convcntion with th:tt contiiincd in
cusiorniiry intcrn:itionnl I:iw iis expoundcd by this Couri in its 1969

Judgmcnt.
6.36 The 1969 Judgnieni hlid c:itcgoric:illy rcjcctcd ihc idcii ihat

cquidistancc was;in ob1ig:itorymethod. or thrit it w:isan "inhcrcnt neccs-
sity" of the contincntiil shctf doctrine. or, indccd. th:it itwas ü rlrlrai 311:
itsstiitus wasno niorc ihan thiit of ittrlrrhodwhichniight. or niight not. bc
iippropriate in the circumstanccs olri prirtiçularciisc~iccordingto whcther

it produced :incquitable rcsult. The cmphasis placcd by the Court on the
needto secure iinequitnblc rcsult - by rcliancc on cquitnblc principlcs -
in practicc enabled the Court tu rcjcct cxtrcnic clninis, whcthcr such
clainis werc bascdonstrict equidistancc or on ii"jusi and cquitablc shiirc",

3s in the North Si~ucascs. or on other grounds. as in ihc Trrriisi~/Lihj~a
casc. The recoursc io equiiiiblc principlcs scrvcd io providc thc Couri
with ihc f cxibilitynecessarytoensure itncquitablc rcsult incircunisiiinccs
which varied r;idically from one case to anothcr.

6.37 ln giving clcar iirticulation to the paraniouni role of cquitiiblc

principles in its 1969 Judgrncnt, the Court was ~iblcto altirni that two
concepts. nümely delimitation by niutuiil agrccnicni iind delinlitrition in
accordance with equitable principlcs. "have undcrlriin al1thc subsequent
history [since the Truman Proclamrition] of thc subjcciY". As the Court

stated:
"On a foundation ofverygeneral preccptsofjusticc and goodfnith.

actual rulcs of law arc here involvedwhich govcrnthe dclirnitation
of adjaccni continental shelves- thnt isto siiy.rulcs binding upon

' UniiçdN:iiiiina Ccinl'çrconcrhc Law OCthc Sea. Of(Acsopyul'ihispiigcis;iitiic3sdirrfh
..lnn~.i.VI.)*Fcb.-27Apr. 198. 32ndMeeting. p.95.
'A~iplrl-Frcn~,hArbirruricirr.I~t~r~isioitirJ'jO J(C'iiin74.18).p.48. pira.70.
.'Norrh SiauC'oniini3n~lht,,JJidgntrtii. I.(:J. Kt*poris /V(IV. p. 3347.lira. 1951 MEMORlAL OF LIBYA 113

States for al1 delimitations; - in short, it is not a question of

applyingequity simplyasa matter ofabstract justice, but ofapply-
ing a rule of law which itself requires the application of equitable
principles...'."

Thus, the Court drew the necessarycorrelation between the applicationof
equitable principles to questions of delimitation and the taking into
account of the relevant circumstances of each particular case:

"In fact, there is no legallimit to the considerations which States
may take account of for the purposeof makingsurethat theyapply
equitable procedures, and more often than not it is the baIancing-

up of al1such considerations that will produce this result rather
than reliance on one to the exclusionof al1othersz."

6.38 The cardinal feature of continental shelf delimitations isthat a
Court is faced with complexsituations of fact - with no one situation
directly comparable to another - and the facts (or "relevant circum-
stances") havean importance suchthat theydetermine the outcomeof the
case. The task of the Court therefore liesmore inidentifyingand balanc-

ing, or weighing,the various facts or factors relevant to the case than in
formulating abstract principles.

6.39 In its 1977Award, the Court of Arbitration shared this Court's
view, as expressedin the 1969Judgment, on the relaiionship between the
achievement of an equitable solution and the appropriate account to be
taken of the relevant circumstances. The Court of Arbitration said-

"...this Court considers that the appropriateness of the equidis-
tance method or any other method forthe purpose of effectingan

equitable delimitationis a functionor reflectionof the geographical
and other relevant circumstances of each particular casea."

Thus, the Court of Arbitration also sawits primary task as being that of
identifying and evaluating al1the relevant circumstances, and it began
eachsectionof itsaward, significantly, by identifyingthe geographicaland
other features "which establish the legal framework for its decision'...".

6.40 In its 1982Judgment in the TunisialLibya case, the Court also
recognisedthe roleof equitable principlesand stressed the need to achieve
an overall equitable result. The Court said:

'North Seo ContinentaSheK Judgmeni. I.C.J. Reports 1969,pp.46-47, para.85.
'Ibid., p. 50, para.93.
aAngluFrench Arbitration. Decision30June 1977 (Cmnd. 7438). p. 59,para.97.
'Ibid.,p.61, para. 103 pp. 109-110, par232. 11may bc notcdthatthe exclusionof
gtologicaland gcornorphologicafleaturcswas notbecauthe law cxcludedthcm but
bccausc,givcn thatthe Court wascalingwita single,continuoushclfthcyhadlittlc
relcvancc.114 coWi"i'NENTAsLHEtF ~961

"SincetheCourtconsidersthat itisboundtodecidethecaseonthe
basisofequitableprinciples,it mustfirstexamine what suchprinci-
plesentai1....The resultof the applicationofequitableprinciples
must be quitable. This terminology,whichis generallyused, is
not entirely satisfactorybecauseit employsthe term equitableto
characterize both the result to beachievedand the meansto be
appliedto reach this result. iîis,however, fhe result whichis
predominani; the principlesare subordinate to the goal. The
equitablcnessof a principle mustbe assessed inthe light of its

usefulncss forthe purposeof arrivingat an equitable result. It is
notcvery suchprinciplewhichisin itselfequitable;it mayaquire
thisqualitybyreferencetothe equitablenessofthe solution. The
principlesto beindicatedbythe Court haveto beselectedaccord-
ingtotheir appropriatenessforreaching anequitableresult. From
this considerationit followsthat the term "equitableprinciples"
cannot bc interpretcdintheabstract;it refersbacktotheprinciples
and ruleswhichmaybeappropriateinorder to achievean equita-
ble result. Thiswas the viewof the Court when it said, in its
Judgmentof 1969:

'It isa truism toSaythat thedetermination mustbeequitable,
rather is the problem abovc al1one of definingthe means
whcrtbythedelimitationcanbecarriedoutinsuchawayasto
bcrtcognizedasquitable' (I.C.J. Reports 1969,p. 50,para.
92) .'"

6.41 Sinccthe applicationofequitableprinciplesrcquircs,asa ruleof
law,cunsidcrationof al1the relevant circumstances,such an application
may bedistinguishedfrom the possibleconsequcncesof a decisionex
aequo et bono(whichwould bepossibleonlyunder Article 38(2) of the
Statute of the Court). As the Court made clearin its 1982 Judgment-
'...it isboundto apply equitableprinciplesaspart ofinternational
law,and to balance up the variousconsiderationswhichit regards

as relevantinorder to producca..n equitableresulta."
The Court then went on to statc:

"Whileit isclearthat norigidrulesexistas to the exactweightto
beattachd to cachelementinthe case,this isveryfar frombting
an exerciscof discretion or conciliation;nor is it an operation of
distributiveusticez.*
The emphasis on the aim of securing an equitable result, therefore,
demandsanexaminationand carefulbalancingofal1 the relevantfactors:

ContinenialShelf(Tunisia/LfArabJamahiriyaJJudgment,I.C.I.Repor1982pp.
aIbidp.a60para;71.liadded.)and this is in no waytantamount to an abandonment of equitable princi-
plesbut is,rather, the moçtpracticable methodof givingthem application.

6.42 The Third Lawof the Sea Conferencefollowedthe Court's view
ofthe law. Aswillbemorefullydiscussedinthe followingChapter, inthe
final versionof Article 83 there is no reference to the rnedianor equidis-
tance line or rnethod,or indeedof any obligatory method of delimitation,
and the rule in Article 83 is no more explicitthan an obligation to reach

agreement "on the basis of international law", but with the fundamental
condition that this be "inorder to achievean equitablesoluiion'".
6.43 Since an equitable solution can only be achieved by identifying
and balancingal1the relevant factors, it isnecessaryto examinethe roleof

such factors from a juridical point of view. Accordingly,in the sections
that follow,this Memorialwillconsiderfirst the factorof "natural prolon-
gation" and then, separately, geographicfactorsand thoseother factors or
relevant circumstances which so Farhave been recognised as being rele-
vant todelimitation. Finally, the element of proportionality will be dis-
cussedin the light of its role as a test of the equity of the result produced.

The justification forseparate, prior consideration of "natural prolonga-
tion" stems from the Court'sowntreatment of this concept as an integral
part of a delimitation in accordance with equitable principles. As the
Court said in the dispositif in the 1969Judgment-

"...delimitation istbe effectedbyagreement inaccordancewith
equitable principles,and taking account ofal1the relevant circum-
stances, in such a wayasto leaveas much as possibletoeach Party
al1 those parts of the continental shelf that constitute a natural
prolongation of its land territory into and under the sea, without
encroachment on the natural prolongation of the land territory of

the other2".
2. Natural Prolongationas a Relevant Factor

(a) Theidentijcaiion of herespeciive"natural
prolongatiom " of the Parties

6.44 The Court has stressed that the identification of the natural
prolongationsof the land territories of the States concernedmay havean
important role to play in achieving an equitable delimitation. In the

Tunisia/Libyacase the Court stated the following:
"The satisfaction of equitable principles is, in the delimitation
process, of cardinal importance ...and identification of natural

prolongation may, where the geographical circumstances are
Italicsaddcd.
North Sea ConrinentalShriJJudgmeni. I.C.JReports 1969,p. 53,para.101 (C) ()
[dispositi. CONTINENTAL SHE1.F [9s1

appropriate, havcan important roleto play in definingan equitable
delimitation, inview ofits significanceas the justification of conti-
nental shelf rights in some cases...'".

It may be uscful at thisjuncture to go into a moredctailed examination of

the cxtcnt to which the identification of the natural prolongations of thc
land territories of each of the States concerned may bccome relevant or
even decisive in the delirnitrition process in general and in the presenr

dispute in particular.

6.45 Both this Court and the Couri of Arbitration in 1977 havc in
their reasoning referred to the possibility that geological features may
separatc two continental shelf areas so distinctly that the natural prolun-

gation [rom each side is discontinued at this division. In the North Sea
cases the Court remarkcd that with respect to ihc Norwegian Trough (a
fcature 200-650 mctres deep. and with a width averaging about 80 to 100

kilornctres - 43 to 54 nautical miles), fringing thc southern and soulh-
western coasts of Norway:

"Without atternpting to pronounccon thc staius of that fcaturc.the
Court notes that the shelf areas in the North Sea separated from

thc Norwcgian coast by the 80-100 kilometrcs of the Trough can-
not in any physicûl sense be said to be adjacent to it. norto be ils
natural prolongation'."

6.46 Itwasthis lineof rcasoning which ihe United Kingdomsought to
adapr to the featurc known as the Hurd Dcep and the rclated Hurd Decp

Fault Zone in the English Channcl, in the coursc of the AngleFrench
Arhirraiion. The Parties were, ofcourse. disagrecd on the significanceof
the Hurd Deep Fault Zone. with France disputing that these faults had

any conneclion with the Hurd Deep propcr. But at lcast there was no
dispute about the existence of the Hurd Deep itself, lying to the north of
the Channel Islands. Thc Hurd Deep is about 80 nautical miles long,an

'C.iiniinrniShelf (Tunisia/Lihyon Aroh Jamahiriya).Judgm~nt, /.il .eports IPX2,p.
47, para. 44.
' North Spa <i>ntinrn!al Shelj; Judgmeni, /.CHeporrs 1969. p. 32, para. 45. Thc somc-
what rullcr dcscripiion or the Trough gibynthcU.S. C;cographcr io ihe Departrncnt of
Sintc in 1.imit.rin tht. Seu.~.Oflicc of ihc Gcographcr, Deparirncnt of State. Washington.
U.C.,No. 10 -Rcviscd. 14 Junc 1974, ai p. 2. is thc rollowing:

'Thc NorwcgianTrcnçh lies oiTihc south and wcstcoastsof Norway. ~djaccni io ihc
Norwcgian Coast is a narrow bank of water of lcss ihan IODCathomsin dcpth.[A
Pathomisapproximatcly 2 rnctrcsj This narrow shclf, which separatesihc Norwcgian
Trcnch from the coast. ranges in width fr2mIO10 nauiical miles.The shclf has an
avcragcwidih ofabout 3 nautical miles. The NorwegianTrench ha5dcpths up Io 265
faihorns on the westcoastand 371fathams on ihc southeastcoast. Thc grcatcst widih
of thc Trench rclatcd to thc continental shclî bound(CSB) is81 nsutical milcs.
which isarPoint8 of the Norway -United Kingdom agrccment. The narrowcst width
of20 nautical miles is locatcd at I.indcsncsson the southern Norwcgian coast."
(A copy of ihis pageis aiiachcd in Anne92.)Sec para.8.07 bclow Torihe originof ihis
tcaturc.1991 MEMORIAL OF LIBYA 117

elongated depression with an east-northeasti west-southwestorientation,
north ofthe ChannelIslands.Thesurroundingsedoor isabout 8GWmetres
(or 40-46fathoms), whereas the Deep itseIf varies from 121-240metres
(or 60-120fathoms) in depth and, in width, from 1-3nautical miles 1.

6.47 The United Kingdom argued that the Hurd Deep marked a
divisionbetween the "natural pro1ongationsW of the United Kingdomand
France, forming a "natural boundary". This argument wasnot accepted

by the Court of Arbitration. The Court said:
"Whicheverwaythe matter isput, the Court doesnot considerthat

the Hurd Deep - Hurd Deep FaultZone is a geographicalfeature
capable of exercisinga material influenceon the determination of
the boundaryeitherinthe Atlantic regionor inthe EnglishChannel.
The Court sharesthe viewrepeatedlyexpressedby both Parties that
the continentalshelfthroughout thearbitration area ischaracterised

by its essentialgeologicalcontinuity. The geologicalfaults which
constitutethe Hurd Deepand the so-cailedHurd DeepFault Zone,
evenif they be consideredas distinct features in the geomorphology
of the shelf,are still discontinuitiesin the seabedand subsoil which
donotdisrupt the essential unityofthecontinentalshelfeither inthe

Channel or the Atlantic region. Indeed, in cornparisonwith the
deep Norwegian TroughintheNorth Sea, theycanonlyberegarded
as minor faults in the geologicalstructure of the shelf; and yet the
United Kingdom agreed that the trough shoufd not constitute an
obstacle to the extension of Norway's continentalshelf boundary

beyondthat major fault zone. Moreover,to attach critical signifi-
cance to a physicalfeature like the Hurd Deep - Hurd Deep Fault
Zoneindelimitingthe continentalshelfboundary in the presentcase
would run counter'to the wholetendency of State practice on the
continental shelf in recent years2."

6.48 The reference to the "wholetendencyof State practice" was not
further arnplified,and it is not entirely clear what practice the Court of

Arbitration had in mind. There is, however,very clear evidencethat the
parties to the Australia/Indonesia Agreement of 9 October 19723took
'See para.8.08below forthe originsof this feature.
AnglpFrenchArbitraiion, Decision30June1977 (Cmnd. 7438). pp.62-63, para.107.
The Court'scharacterisatiofthe Hurd Deep as a "minorfault"in cornparisonto the
Norwegian Troughis justifiedby referenceta the followingfigures:
HurdDeep Norwegian Trough

Depthh 60-120tfathomses 265-371 fathomss
( 121-240rnetres) (530-742 mettes)
Surrounding
Sea-bed 40-46 fathomç under 100fathoms
(80-90 metres) (200 rnetres)
Breadth 1-3 naulical miles 20-80 nauticalmiles
Limitsin theSeasop.cit.No. 87, 2Aug. 1979, AnnexII.(A copyof this agreementis
attachedasAnnex 93.)118 CONTINENTAL SHELF [lm]

account of the Timor Trench in determining the boundary betweentheir
respective shelvesl.

6.49 Greater clarification has been brought to the issue by the Judg-
mentof this Couri in the TunisiojLibyacase. In that case Tunisia sought
to relyon two submarine,geomorphologicalfeatures - the "ndgesnof Zira

and Zuara - as a potential boundaryline.The Court rejectedthis, saying:
"As for the features relied on by Tunisia, the Court, while not

accepting that the relative size and importance of these features
can be reduced to such insubstantial proportions as counsel for
Libya suggest,is unable to find that any of them involvesuch a
marked disruptionor discontinuanceof the sea-bedas to constitute
an indisputable indicationof the limits of twoseparate continental

shelves, or two separate natural prolongationsP."
However. the Court went on to Say:

"The only feature of any substantial relevanceis the Tripolitanian
Furrow; but that submarine valley does not display any really
marked reliefuntil it has run considerablyfurther to the east than

the area relevant to the delimitation2."
The nature of this feature has been discussed inChapter 3 above and in

Part 1of the Technical Annex.
6.50 Although in this context the Court expressed the caveat that
" [ilt would be a mistake to supposethat it willin aHcases,or even in the

majority of them, be possibleor appropriate to establish that the natural
prolongationof one State extends, in relation to the natural prolongation
of another State, just so far and no farther, sothat the two prolongations
meet along an easilydeiïned linea",and although the cases so far brought

before the Court were not such as to offer an approach to delimitation
alongthese lines,the Court has recognisedthat there may be cases where,
inthe lightof the geologicalcircumstances,disruptions or discontinuances
of the sea-bed could be so well marked and identified as to justify a
delimitation based onsuch features. A delimitation which can be based

'See AustralionYeaBook o/lnterna~ioniaw 197û-1973.1975p.p. 145-146. (A copyof
these pagesis attachcdAnnex 94.) The Timor Trough is,of course, avery pronounctd
feature runningparallcl to thc coastsofTimor and Australia430nautical milesin
tcngth, witha widof30nautical miles(at 2,00 0 etre isobath) and reaching dcpthsof
over3.00 0 etrcsor 1,641fathoms,sothat it isdecpcrthan the NorwegianTrough at
371 fathoms(740mctres). Othcrexamplesof sea-bedfcaturcsthat might bc noted inthis
context arehe Okinawa Troughbctwccnthe Japancse Ryuku Islandsand the East China
Sea - 100nautical milesacr-ss2.20 0 etrcsdce~- (sec 'Continental Shclf Dcvelou-
rncnt"inJopanQuarteriyVol.24.1977 p,.394-39a7t pp..394-3a5copy ofthesepages'is
attachedas Annex 95) and thc Palaman Trough bctwccn the Philippinesand thc South
China Sca - 3,000 rnctrcs deep.
'ContinentaSheu (Tunisia/LibyyArabJarnahiriyu),JudgmcntI.C.JReports 1982.p.
57.para66. TheCourt wentonto notethat "sosubstantafeaturt" as the Hurd Dccpwas
not givcn such a significancciAnglo-FrenchArbirwtion.
'Ibid p.,47. para44.on a clearly identifiabledistinction between the natural prolongations of

the States concernedrnay wellsatisfythe ruleofapplyingequitableprinci-
plesbecauseit isessentiallythe natural prolongationof the respective land
territories which confers title 10the submarine area in front of the Coast
provided that a boundary so constructed does not on its face lead to an
obviouslyinequitable result.

6.51 In its 1982 Judgment the Court indicated that a delimitation
based solelyon identificationof the natural prolongationof the respective
land territories of the parties concerned is not to be deemedequitable per
se under al1circumstances'. There rnay be other relevant factors which,
under the particular circumstances of the geographicalor other situation,

providecogent reasons fordisregarding suchdiscontinuitiesin the natural
prolongationpartly or even totally in order to achievean equitable result.
Such considerations rnay have motivatedthe parties in the United King-
dom/Norway Agreement of 10 March 1965 on the delimitation of their
respectivecontinental shelveszto disregard the Norwegian Trough;other-
wisethe United Kingdornwould haveacquired a grosslydisproportionate

share of the continental shelf of the North Sea between the two States if
the boundary line had followedthe Norwegian Troughwhichruns closeto
the Norwegian Coast.
6.52 Even if a feature does not constitute so marked a disruption or
discontinuanceof the natural prolongationas to make it possibleto iden-

tify a clear division between twodistinct natural prolongations, itrnay
neverthelessremain a relevant circurnstance. In this context, reference
rnay be made to the followingpassages in the Court's 1982Judgment:
"Since the Court is heredealing onlywith the question of geomor-
phoiogicalfeatures from the viewpointof their relevanceto deter-

mine the division between the natural prolongations of the two
States, and not with regard to their more general significanceas
potentially relevant circumstances affecting for other reasons
the course of the delimitation, its conclusion can be briefly
expres~ed~,~
"The conclusionthat the physicai structure of the sea-bed of the

Pelagian Block as the natural prolongation commonto both Parties
doesnotcontain any elementwhichinterrupts the continuityof the
continental shelf does not necessarilyexclude the possibilitythat
certain geomorphological configurationsof the sea-bed, which do
not amount to such an interruption of the natural prolongationof
one Party with regard to that of the other, rnay be taken into

account for the delimitation, as relevant circumstances character-
'Conrinrnrul helf (Tunisia/LibArab Jamahiriya).Judgmenr.I.C.J.Reporrs1982.p.
47.para.44.
'Limitain the Sens.op. ciNo. IO-Rcvised, 14lune1974,pp. 2-4. '(Acopyofthcse
pagcsisatiachedasAnnex 92.)
Conrinrnral helf (Tunisia/LibyanAra6JamahiriyaIudgment,I.C.J.Reports 1982.p.
57. para.66120 CONTINENTAL SHELF [IO2]

1 izingthearea, as indicatedin this casein Article 1,paragraph 1,of

the Special Agreement. In such a situation, however,the physical
factor constituting the natural prolongation is not taken as a legal
title, but as one of several circumstances considered to be the
elements of an equitable solution'."

6.53 Thus a feature, which is not sufficientlysubstantial as to divide
two distinct natural prolongations, may continueto have significanceas a
relevant circumstance. In that case, it rnay be surmised, the geomorpho-
logical feature would beone of severalcircumstances which characterise
the area and its relative weight in affecting the actual course of the

boundary will, as suggested above, be deterrnined by reference to the
criterion of the equitable result. In short, its influencewillVaryaccording
to how far it produces a result whichis equitable, and what is equitable
must, in turn, depend on al1the relevant circumçtances.

6.54 It will be shown later that the continental shelf area between
Libya and Malta has geological and geomorphological features which
permit the identification of a division betweenthe natural prolongations
emanating from the land territories of both2, and that a boundary follow-

ing this division is consistent withthe requirements of equity.

(ô) Thecaseof convergingor overlapping naturalprolongalions
6.55 In situations wherethere isa single,common shelfand whereit is

not possibleto identify adivision betweenthe natural prolongationsof the
respectiveland territories of the coastal States concerned, natural prolon-
gation may still provide a criterion for delimitation of the respective
continental shelves. However,the geologicaland geomorphologicalfac-
tors must be considered withother factors,and it isappropriate to turn to

coastal configurations, applying natural prolongation in what may be
viewedas ils geographical aspect.
6.56 The basic guidelinefor the application of the "natural prolonga-

tion" criterion .indelimitation cases has been stated by the Court in its
Judgment in the North Sea cases in the followingway-
"...delimitation is to be effected by agreement in accordance with

equitable principles,and taking account of ail the relevant circum-
stances, insuch a wayas to leaveas much as possibleto each Party
al1those parts of the continental shelf that constitute a natural
prolongation of its land territory into and under the sea, without

encroachment on the natural prolongation of the land territory of
the other3".

Continent0Shey (Tunisio/L.ibyan Arab Jarnohiriyu), Judgmenr,1.C.J. Reports 1982,
p. 58,para.68.
2 SceChapter8 bclow.
North SenContinental Shelf; Judgment.C.J.Reports 1969,p.53,para.IO1(C) (1)
[dispositil]. 6.57 The Court logicallydeduced this principle fromthe recognition
of natural prolongationas the basis forthe coastal State'stitle tocontinen-
tal shelf rights over the submarineareas in front of itsCoast. The Court
had occasionto note in its 1982 Judgment that in 1969it "did notregard

an equitable delimitation and a determination of the limits of 'natural
prolongation'as synonymous.sincein the operative clauseof itsJudgment
..it referred onlyto the delimitation being effectedin such a way as to
leave 'asrnuch as possible'to each Party the shelf areas constituting its
natural prolongation'". Thus, its application to concrete situations needs
further elaboration inthe light of the particular geologicalandgeographi-

cal circumstances. In particular, it is necessary to ascertain in what
direction and to what extent the natural prolongations of the States con-
cerned converge or overlap with each other.
6.58 At firstglance thisdetermination maylook complicatedindelim-
itation cases between States with adjacent coasts but may look rather

simple in delimitation cases between States with opposite coasts. The
supporters of the view that in the latter case the median line offers the
obvious and most equitable solution usually refer to the dicturn of the
Court in the NorzhSencases, where it was said:

"The continental shelf area off, and dividing, oppositeStates, can
be claimed by each of thern to be a natural prolongation of its
territory. These prolongations meet and overlap, and can there-
fore only be delirnitedbymeans of a median line;and, ignoringthe
presence of islets, rocksand minor coastal projections,the dispro-
portionally distorting efïect of which can be eliminated by other
means, such a line must effectan equal divisionof the particular

area involved~."
But this dictum cannot be said to have universalapplicability; it is to be
noted that the Court recognisedthe need to avoid"disproportionally dis-
torting effect[s]" caused, in that context, by "the presenceof islets, rocks
and minor coastal projections,"and from this it can only be inferred that

theCourt wouldhaveviewedthe disproportionallydistortingeffectcaused
by application of the median line as betweentwo coastlinesof verydiffer-
ent lengths as no less requiring elimination.
6.59 In the Anglo-FrenchArbitrarion, the Court of Arbitration, in
referring to the fact that the United Kingdomand France facedeachother

in the English Channel, stated the following:
"Between oppositeStates, as this Court hasstated in paragraph 95,
a median line boundarywillin normal circumstancesleave broadly

equal areas of continental shelf to each State and constitute a
'Conrinenfal heif (Tunisia/LibyanArabJamahiriy,Judgment.J.C.J.Report1982,p.
46. para.44.
'North Seo ContinenialShelj. Judgment,I.C.J.Reporis 1p.936,para.57.122 CONTINENTAL SHELF [1041

delimitationin accordancewith equitable principles. It follows

that where the coastlinesof two oppositeStates are themselves
approximately equalin their relationto the continentalshelf not
only shouldthe boundaryin normalcircumstancesbe the median
linebut the areas of shelfleft to each Party on either sideof the
median iine should be broadly equal or at least broadly
comparable1."
However,in viewof thepresenceofthe ChannelIslands,the Courtcould

not followthis approach throughoutthe wholearea withinthe Channel
andhadtocouplethe medianlinesolutionwithanenclave fortheChannel
Islands. It isimportanttoobservethat this dictumrefers onlyto"normal
circumstanceswand to cases of "approximatelyequal" oppositecoasts
whichareofcomparable lengthandconfiguration. Incaseswherethereis
a continuous,uninterrupted continentalshelfarea betweencomparable
coasts, it is certainly plausibletoorneto the conclusionthat the two
prolongationsmeetand overlapto the sameextentand that consequently
themedianlineisthemostequitablemethodofdelimitationinsuchcases,
absent othercompeliingcircumstances. There are, however,many cases
wherethe geographical situationis not as simpleas that.

6.60 Thepresenceofislands between two coastsisalreadyoneexam-
ple of a morecomplicated geographical situation wherte he medianline
doesnot necessarilyresult in an equitable solution: hencethe enclave
solution forthe Channel Islands. Another case whichcalls for special
considerationiswhereoneoftheoppositecoastsconsistsofa broad coastal
frontofa continent andtheother possessesonlya relativelysmall coastal

front. It is difficult toperceivehowthe natural prolongationsfromtwo
suchdifferentcoastscouldpossiblybe regardedas meetingand overlap-
ping with comparableor even equal breadthand intensity so that the
medianlinewouldoffertheobvious solution. If,forexample,oneoftwo
opposingcoastshasa peninsulawhichisverysmallinbreadth,butextends
for aconsiderable distance towardt she oppositecoast,it wouldnot seem
equitable to accord the smali coastal frontof the peninsula the same
weightas the broad oppositecoast in generatinga natural prolongation
betweenthem. The same is apparentlythe case wherethe smallcoast
belongsto an island whichlacksthe backingof a broader coastal front
behind. Inbothsuchcasesthemedianlineapproachisinappropriateand
inequitable, and othercriteria must appiy.

3. Geograpbic Factors

6.61 It isapparent,inconsideringgeographicfactorswhichinfluence
a continentalshelfdelimitation,that it isthe coastsoftheStates involved
that mustplaythe mostimportantrole. Forthe rightsthat vestinStates
'Anglï+FrcnchArbitraiion, Decisi30June1977(Cmnd.7438). p.89.para.182.[IO51 MEMORIAL OF LIBYA 123

over the continental shelf are those that belong exclusivelyto the coastal
State, and it is by virtue of the fact that a State possessesa coast that it

may exercise such rights. As the Court itself observedin its Judgment in
the Tunisia/Libyacase:
"The geographic correlation between coast and subrnerged areas

off the coast is the basis of the coastal State's legal tit...As has
been explainedinconnection withthe concept of natural prolonga-
tion, the coast of the territory of the State isthe decisivefactor for
tit.eo submarine areas adjacent to it'."

6.62 While the coasts of the Parties have importance from the stand-
point of title to continental shelf, their significanceis not limited to ques-
tionsof title alone. Boththis Court,and the Court of Arbitration in1977,

recognisedthat the coastal configurationsof the States involvedwere also
of fundamental relevance to the question of delimitation between States
with either opposite or adjacent coasts. In its Judgment in 1969, for
example, the Court specifiedthat, in the course of negotiations between
the parties to the North Sea cases, one of the factors to be taken into

account was to be"the generalconfigurationof the coastsof the Parties, as
wellas the presenceof any specialor unusual features2." The importance
of coastai configurationswas also emphasised in the Tunisia/Libyacase
where the Court treated the coasts as one of the relevant circurnstancesa.

6.63 Of particular significancein the NorrhSea cases was the pres-
ence of concaveor convexcoastlines and the relationship between these
coastlinesand the methodof delimitation to beapplied as presented in the
pleadingsof the parties to the case. Islands, too, may preçent complicated

questions with regard to the weight to be attached to the length and
configuration of the coastline involved. On the one hand, islands -
particularly ifthey are srnall - haveby their verynature a coastline that
is convex. On the other, seldom will the entire coast of an island be
relevantto a singledelimitation sinceparts of that coastwillfacemaritime

areas that are notat issueinthat delimitation. The problemthen becomes
oneof deterrniningwhichare the relevant portionsofcoast to betaken into
account'.

6.64 The Court of Arbitration in the Anglo-FrenchArbitrafionwas
faced both with the questionof promontories (as an exaggerated example
ofa convexcoast) and thequestion of islands. In rendering itsdecisionin

'ContinentalSheif (Tunisia/LibyanArabJarnahiriyu),Judgmeni,I.C.I. Reports 1982.p.
61.para.73.
Norih Sea ConrinentalShtlf. Ju-ament,I.C.J. Rer>oru1969p. 54, para101(D)(l)
[ContinentalSheiJ (Tunisia/LibyanArabJamahiriya).Judgment,I.C.J.Reports 198p.
93,para.133(B) (2) [disposilin.
'Thequestionofrelevantcoastsin thcasewillbciakcnup inChapter 10below,wherethe
elemcntof p:oportionalityis discussed.124 CONTlNENTAL SHELF [l061

that case, the Court of Arbitration had occasionto stress the significance

of the coasts of the parties to delimitation. The Court remarked:
"A State's continental shelf, beingthe natural prolongation under

the sea of its territory, must in large measure reflect the configura-
tion of its coasts. Similarly, when two 'opposite' or 'adjacent'
States abut on the sarne continental shelf, their continental shelf
boundary must in large measure reflect the respective configura-
tions of their two coasts'."

6.65 The notionthat there should bea correlation betweenthe config-
uration of the respective coasts and the shelf that appertains to those
coasts does not mean that two coasts are to be lreated diff'erentlyfor

purposesofdelimitation. That more shelfshould, ingeneral,appertain to
a longercoastlinethan to a shorter oneisnota diflerencein"treatment" of
the two coasts. Indeed,the respective coastlines considered relevant for
the delimitation must besubject to the sametestsof relevanceand must be

examined,for purposesof determining the extent to which theyconstitute
relevant factors, in light of the same criteria. it was to this notion of
"equality of treatment" that the Court referred inits 1969Judgment when
it said:

"Equity does no1necessarily implyequality. There can never be
any question of completely refashioningnature, and equity does
not require that a State without accesstothe sea shouldbe alloted
an area of continental shelf, any more than rhere could bea ques-
tionof renderingthe situation of a State withan extensivecoastline

similar to that of a State with a restricted coastlineP."
Similarly, the Court of Arbitration noted in its 1977 Award:

"Just as it is not the function of equity in the delimitation of the
continental shelf completelyto refashiongeography,soit isalsonot
the functionof equitytocreate a situation ofcompleteequitywhere

nature and geography have established an inequity. Equity does
not, therefore, cal1for coasts, the relation of whichtothe continen-
tal shelf is not equal, to be treated as having completely equa1
effectsg."

6.66 It is evident, therefore, that the application of equitable princi-
plesdoesnot require Courtsto assume equality whereequality does not in
fact exist. The principle of equity cannot confer territorial waters on a
State with noCoast,or grant rights to the useof waters in rivers whichdo

not flowthrough its territory, or conferrights to largeareas of continental
shelfon States with very limited coastlines. The Courts take geo-rap-y,-~
Anglo-FrenchArbitration,Decisionof JOJune 197(Cmnd. 7438). p. 60para.100.
NorrhSea ConrinenialShelj. Judgmeni.I.C.J. Reports 1969.pp.49-50, para.91.
Anglo-FrenchArbitration,Decisiof JO June 1977(Cmnd. 7438), p116,para.249.11071 MEMORlAL OF LIBYA 125

or geology,as they findit and do not seekto accord equal areas of shelfto
States which, territorially, are not equaa;State's territory, its location,
sizeand coastline is what itis- large or small. Thus, factors whichare

legally relevant to entitlement in matters of shelf delimitation- size,
location, configurationofcoastline,and soforth, mustbetaken as they are
and given due weight in order to achieve an equitable result. To do
otherwisewouldinvitethe Court to adopt theveryconceptof the "justand
equitable share" whichit has already emphatically, and rightly, rejected'.

6.67 Quite clearly, there are other aspects of geography that have a
bearing on delimitation besidesthe coasts and landmasses of the Parties.
These include factors related to delimitations with third States and to the
elementof proportionality. Eachof thesefactors willbe taken up in more
detail inthe followingparagraphs of this Chapter.

4. OtberRelevant Factors
6.68 The preceding sections havedealt with the relevant circum-

stancesofa geological,geomorphologicaland geographicalnature in their
juridical sense; for such circumstances relate directly to the concept of
natural prolongation. There rnay well beother relevant factors. As the
Court said in its1969 Judgment:

"In fact, there ino legal limit to the considerations which States
rnaytake accountof for the purposeof makingsurethat they app1y
equitable procedures,and more often than not it is thebalancing-
up of al1such considerations that will produce this result rather
than reiiance.ononeto the exclusionofal1others. The problemof
the relative weightto be accordedto differentconsiderationsnatu-
rally varies with the circumstances of the caseP."

6.69 The identificationof those factors relevant in the present case is
dealt with in the followingPart of this Mernorial. The purpose of the
present section isto suggest the criteria which might properly provide
guidance in weighing the relative weight of the various factors or

circumstances.
(a) Conduct ofthe Parties

6.70 The conduct of the Parties is,in principle, a relevant circum-
stance. Yet it isnot al1conduct whichisrelevant. Relevantconduct rnay
be suchas carries an inferencethat the Parties deemeda particular lineof
delimitation tobe equitable. Or it rnay be conductwhich indicatesareas
which the Parties regard as the areas in dispute. Although in some cases
the conduct rnay refiecta common position, consciouslyadopted, in other

cases it rnay be conduct by one Party only which reflectsthe extent of its
'NorrhSea ConiinenralSheif. Judgmeni.I.C.J.Rqorrs 1969,p. 22, para.19.
'Ibid.. p.50,para.93.126 CONlïNENTAL SHELF [1081

claims, orthe basis forits claims,or evenconductwhich impliesthat a
particularmethodofdelimitation isequitable. Themere silenceorlackof
protest by one Party willnot constitute"conduct" forthis purpose'. In
any event, whatever inferenctehe conductmaygiverise to, it willbe for

the Courttoassessitseffect or probative value a,nd this, accordingtothe
circumstances,rnayrangefrom atrueestoppeltoasimpleinconsistencyof
position.
6.71 Thepositionsadoptedbythe Partiesduringnegotiationsrnaybe
relevantin cases wheretheyreveala common positiona ,cceptedby both

sidesas a reasonable basis for securingan equitableresult, eventhough
never formallyimplementedin an agreement. The negotiationswould
then be "indicia ..of the line orlineswhichthe Parties themselves rnay
have consideredequitable or actedupon as such ...'".Where, however,
negotiations reveanlocommon position, they rnaystill revealthedifferent
positionsofthe Partiesandto that extentrnayaff'orda basisuponwhich,
simplyin termsof consistencyof position,their conductrnaybe judged.

6.72 Thegrant of concessions needs to be viewedwith somecaution,
for the promulgation of areas subject to licenseor the actual grantsof
concessionswithin thoseareasrnaybe simplyanotherformofpromotinga
claim,and it rnaybe an extreme claim. Thus,conflictingor overlapping
concession areasrnaydenoteverylittleexcept,perhaps,thelimitstowhich
a particular State felt itdesirableto award concessions. Yetevenhere

there are many factorswhicb influencethe determinationof concession
areas - availableseismicdata, policieson controlof production,cost-
effectiveness relatedto oil prices,etc. whichare not necessarilytrue
indicatorsofanequitabledelimitationofaState'scontinentalshelf, which
rnay also contain large areas with no resourcesto exploit. However,
where,asinthe TunisialLi caseaa,bothpartieshaveaccepted acommon
boundary for theirrespective concession grants (in that case, the 26"
line), producinga defacto lineofdetimitation,then,althoughnota tacit
agreement,there is conductwhichis indicativeof a commonviewof an

equitableresult.
6.73 Finally,the unilateral conductof a State via its ownlegislation
mayalsobe of considerablelegal significance in sofar as it rnay express
the State'sown viewof the extent of its continentalshelf. As will be
demonstrated later in this Memorial4,Malta's own legislationon the

'Sec ConrinenrolShey (Tunisia/LibyanArub JamohiriyaJudgment.I.C.J. Reports
1982.pp.70-71.paras.94-95forthe Court'scommnnt thesilcnccofthe Frenchauthori-
ticsinthefaceof theltalian"buffcrzone"cstablishedin 1919. TheCourtncvcrthclcss
it excludedTunisianprctcnsitohistoriefishingrightscastomodusvivendiiline.
'Ibid., p. 84, para.118.
Ibid.pp.83-84,paras.117-118.
'Sec SectionC of Chaptcr9 bclow.[1091 MEMORIAL OF LlBYA 127

continentalshelfindicatedboth Malta'sviewsas to the limitsof its shelf
andMalta'sviewsonthemethod ofdelimitationtobefollowedinreaching
agreementwith neighbouringStates.

(6) Delimitationswith third Srares
6.74 Fromthe outset,in its 1969 Judgment, the Courtidentifiedas a
fa'ctoror circumstancewhich must be taken into account "theeffects,

actualor prospectiveo, fanyother continentalshelfdelimitationsbetween
adjacentStates in the sameregion'". It willberecalledthat the Court's
identificationofthisrelevantfactorwas inthecontextofthe proportional-
ity test. It is also apparent from the Court's 1982Judgment that the
applicationof the proportionalitytest may require the considerationof
areas outsidethe area relevantto the delimitationin question'.

6.75 Therefore,threedelimitationsituationswillhaveto be bornein
mindinthepresent case: (Tunisia/ltaly 1971; Italy/Greece 1977;andthe
1982 Judgmentinthe Tunisia/Li case)'. Whilsttheyare notnecessa-
rily bindingon both Parties inthe presentcase,theydenotethe viewsof
otherStatesasto theirown areasofnatural prolongation,therelationship
of theirown coaststo thoseof theothers,and,inevitably, they have some
bearing on the reasonableness orequitablenessof the positions being
adopted by the Partiesinthepresentcase. Aswillbe dernonstratedlater
inChapter 9ofthis Mernorial,theMalteseclaimappearstoreject,inpart,

the 1971 Italian/Tunisian Agreement;it postulatesa situationof adja-
cency withItaly and oppositeness withGreece which is tantamount to
excluding virtuallyal1of the LibyanCoastfromanyoppositerelationship
with Italy;and it involvesa potcntialconfiictwiththe Tunisia/Libyaline
that shouldfollowfromthe Court's 1982Judgment. The Court will,in
this case,be boundto haveregard to theseother delimitation situations.

6.76 Thecomplexityoftheserelationshipsstemsfromthecharacterof
the MediterraneanSea as a narrowsea, containingmany coastalStates
and islands. Thus,delimitationwillin many casesinvolveconsideration
ofboundaries with thirdStates. In thepresent case,inaddition to thetwo
existing boundariesalready referredto,thereareprospectivedelimitations
such as Malta-Italy, Libya-ltaly andLibya-Greece. It will not be the
wishof the Court to prejudge such futuredelimitationsforthey forman
important part of the problemas a whole. Any solutionwhich would
producean inequitableresult forany futuredelimitationwouldsurelybe

inappropriate.
'North Seo ContinentalShelf, Judgment.I.C.J. Reports 1969. p. 54. para. lOI(D)(3)
[disposit.fl
'ContinentalShelf (Tunisia/LiArabJnmaliiriya).Judgment,I.C.J.Reports 1982.p.
5Forconsideraiionthecfïccafthescdelimitatsituation,eScctionDof'chapte9
bclow.128 CONTINENTAL SHELF 101

(c) Security interesls

6.77 lt is undeniable that one of the motivations for the Truman
Proclamationin 1945related to security:the ideathat il was nottolerable

to have a foreign State or its licenseesexploiting resourcesoff one'sown
coasts. Someelement of a concern forsecurity was reflectedin France's
pleadings with respect tothe Channel Islands sector during the Anglo-
FrenchArbitrarion,in which France expressedconcern over the risks to

Frenchsubmarines basedon Cherbourg and to the navigationalroutes for
merchant vesselsserving French ports '. The Court of Arbitration, how-
ever, foundthe weightof such arguments diminisheddue to the fact that
the navigational routesservedinternational maritime navigation. notjust
French, and foundthat such arguments "may support and strengthen, but

they cannot negaiive. any conclusionsthat are already indicated by the
geographical, political and legal circumstances of the region...'".

6.78 Security is,ofcourse.a concernofboth Parties to this case. The
maritime areas lying north of the Libyan coast where its principal cities
and centres of population lie-as well as its main centres of oil activ-
ity-have an obvious significance fromthe standpoint of Libya'ssecurity.
Malta's main security interests appear to lie to the north of the Maltese

Islands. The major Central Mediterranean shipping routes lie to the
north of Malta, Savefor those roughly north/south routes between Libya
and European ports. Indeed, Malta's ports and centres of population lie
onthe north coast.awayfromthe area relevant inthis case. Nevertheless.
at this stage.itis not necessaryto discuss the factor of security further.

(d) Islands

6.79 The 1958Conventions,and evenmore sothe newConventionon
the Lawof theSea, haveadopted certain rules of particular application to

islands. This wasthe case withthe ruleonstraight baselines (Article 4 of
the 1958Convention on the Territorial Sea and Contiguous Zone); with
the newer rules on archipelagic States (Part IVof the new Convention);
and with the rules on artificial islands (Articles 60 and 80 of the new
Convention). Yet not only did these rules create no special status for

islandsas such,they hadnothingtodo witheither entitlement tocontinen-
ta1shelf or delimitation of the continental shelf.

6.80 The terms of Article 1of the 1958Convention definedthe conti-
nental shelf in subsections (a) and (b). the first applying to "the coast"
and the secondto the "the coastsof islands".in such a manner as to make
Anglo-FrenchArbitralion.Dccisiof30 Jvne1977 (Cmnd.7438). p. 81para. 161.It
maybe notedthartheFrenchargument was partltyocountcrthcUnitcdKingdomargument
that security considerations dictatcdnentalshclfforthe islandsconiinuous wiih that
of the United Kingdom.
Ibid.p.91.para.188. [I1I] MEMORIAL OF LlBYA 129

'it abundantly clear that island territories were to be treated exactly like
other land territories inthat both wereinprincipleentitled toa continental

shelf. Yet entitlement had to be distinguished from delimitation. As
shall beseen,inapplyingthe 1958 Convention,the Court of Arbitration in
the AngleFrenchArbitrafion had no doubt about the entitlement of the
Channel Islands to a continental sbelf, but for purposes of achieving an

equitable delimitation regarded a 12-mile enclaveas the proper solution.
6.81 This approach hasbeen rnaintainedin the newConvention onthe
Law of the Sea. Early attempts to introduce special rules applicable to

both the entitlement of islands'and the delimitation of their maritime
spaces2failed to findthe support necessary for inclusionin the negotiating
text. Indeed, followingthe Caracas Conference little more was heardof
these ventures, and by the third sessionthe text of Article 132was estab-

lisheda,retaining its essential content to become Article 121which in its
final form provides the following:

" 1. An island is a naturally formed area of land, surrounded by
water, which is above water at high tide.

2. Except as provided forin paragraph 3, the territorial sea, the
contiguous zone,the exclusive economic zoneand the continental
shelfof an islandare determined in accordance with the provisions
of this Convention applicable to other land territory.

3. Rockswhichcannot sustain human habitation or economiclife
of their ownshall haveno exclusive economiczone or continental
shelf'."

6.82 Apart from the specific exclusion of mere rock sn the third
paragraph, it isclear that, as regards both entitlernent to and delimitation
of the continental shelf, islands are to be treated like any other land

territory: they have no special status.
6.83 The question of the extent to whichcontinental shelfrights may
be claimed around islands, onthe basis of a natural prolongationof their

territories into and under the sea, has been and still is a complex and
'Sec,forcxarnplc,the Maltescpropos(U.N . oc.AJAC.138JSC.llfL.28) that lsland
StatesandArchipelagieStatesshouldhavea200milezoneof 'ofcanspace"Rcpoflof the
Commiiiceon thePeacefulUsesof theSea-Bedandthe OctanFloorBeyondthe fimils of
Naiiond lurisdiciion. Vol.1, eneralAssembly,Oficial Recor28thSession,Supp.No.
21 (A/9021), p41. (A copyof this pageis attachcdas Annex96.)
'See. forcxample.the 14-Powerproposal,(U.N. Doc. A/CONF.62/C.2/L.62/Rcv.l),
ThirdUnitcdNationsConferencc on theLawof theSca,Oficial Records.VoIII,pp.232-
233, sctting outspccialrufordeterminingthe maritimspacesofislandsandcxcluding
from thcserulesboth lslandStatesand Arch.pel-sicStates.-(AC.-Yof thwc - -csis
attached asAnnex97.)
'SceU.N. Dac.A/CONF.LZ/WP.8/Part II,ibid..Vol.IVpp.170-171. (A copyof thcsc
pages isattachcdas Anncx98.)
'U.N. Dac. A/CONF.62/122, p. 48. (A copyof thispageis attachcdas Annex 99.)130 CONTINENTAL SHELF t1121

controversial issue, The Court has not yet had anopportunityto pro-
nounceitselfonthisissue,inparticularwithrespectto the situationofan
idand withina narrowseaenclosedonal1sidesbycontinentalcoastsas in
the Mediterranean Sea. While it will not be disputed that an island,
regardlessof size,may havea continentalshelfaround its coast,andthat
the legal conceptof the continentalshelf as it has developedin general
internationallawappliestoanislandnolessthan toa continentalcoast,it
does not followtherefrom that an island,regardlessof its size and the
smallnessofitscoastline,mayhavethe samearea ofcontinentalshelfas a
broadcontinentalcoastal front. If an islandmay, asin the caseof any
other territory,haveacontinentalshelftothe extentthat a naturalproion-
gationof its land territory intoand under the sea can beidentified,it is
always subject tothe paramountprinciplethat delimitation of its conti-
nentalshelf vis-à-viother territorieshas tobe inaccordancewithequita-
ble principles,under which the locationand sizeof the island, and the
lengthof its coastline,willalwaysremain relevant factors. The conse-

quenceswhichmust be drawn in such situationswill be discussedlater
under the headingsof relevantcircumstancesand proportionality.
6.84 Inthe Anglo-FrenchArbitration the Court had to deai withthe
BritishChannel Islandswhichweresituated a fewmileson the French
coast. In that casethe Courtrejectedthe extremelegalpositionsof both
sides. The Courtrejectedthe Frenchargumentthat insuchsituationsan

islandcould not relyon anynatural prolongation atal1and could claim
onlya beltof territorial waters around its coast; Court alsorejected,
however,thecontrary United Kingdompositionthat thenaturalprolonga-
tionof the island'sterritoryrnaycut offcornpletelythe natural prolonga-
tionof the continentalcoast seawardfrornthe island. In thc caseof the
Channel Islands,the Court solvedthe problemby adoptingthe concept
that insuch situationsthe relianct on natural prolongationcould notbe
consideredasabsolute,butthat the factoftheislandsbeingsituatedonthe
sea-bedwhich wouldotherwisebe the natural prolongationof the conti-
nentalState constituteda "specialcircumstancewwhichcalled for a spe-
cial solutionin accordancewith quitable principles:

"Thetrucposition,inthe opinionoftheCourt,isthat theprinciple
of natural prolongationof territory is neither tobe set aside nor
treated asabsolutein a case whereislands belongingto oneState
are situatedoncontinentalshelfwhichwouldotherwiseconstitute
a natural prolongationof the territory of anothtr State. The
applicationof that principlein sucha case,as in other casescon-
cerningthe delimitationofthe continentalshelf,has tobeappreci-
ated in the light of al1 the relevant geographical and other
circumstances. W henthequestioniswhetherareasofcontinental
shelf,whichgeologicallymaybeconsidereda natural prolongation 131 MEMOR~AL OF LIBYA 131
oftheterritoriesoftwoStates,appertaintooneStateratherthanto

the other, thelegalrulesconstitutingthejuridical conceptof the
continentalshelf take over and determine thequestion. Conse-
quently,in these cases the efîect to be givento the principleof
natural prolongationof the coastal State'slandterritory isalways
dependent not onlyon the particulargeographicaland other cir-
cumstancesbut alsoon any relevant considerationsof law and
equity1."

Intheresult, the ChannelIslands wereonly accordedatwelve-milezone of
continental shelf in the form ofan enclavebeyond whichthe French
continental shelf continued to the median line betweenthe mainland
coastsof both France and theUnited Kingdom,
6.85 It iscertainlypossible to criticthe methodbywhichthe Court

of Arbitrationcompletely avoided a determinationof the natural prolon-
gation of the islands in spite of its fundamentatcharacter. Nor is it
warrantedtoregardthetwelve-mileenclave asavalidprecedent forother
geographicalsituations,sincethe Court of Arbitrationhad madeit clear
that thissolutionwasinfluencedtoa greatextentbythenarrownessofthe
continentalshelfarea inthe Channel. Withoutwishingto challengethe
equitablenessof the result in the case of the Channel Islands,another
methodofdealingwith suchsituationsrnaybemoreappropriategiventhe
importanceof natural prolongationas the basis forcontinentalshelfenti-
tlement. Itwilldependonthe factsofeach casewhethersucha determi-
nationoftheouterlirnitoftheisland'snaturalprolongationwillprovidein

itselfan equitablesolution,or whether other factohaveto betakeninto
considerationin order to reach an equitableresult.
6.86In thecaseof Malta,it willbe necessarytodetermine theextent
towhichthesubmarineareasaroundMaltamay reasonablybeconsidered
as continuingMalta'sland territory into and under the sea where they
meet the natural prolongation ofthe continental landmassesof other
Statesaround Malta. Itwillthenhavetobe consideredwhether adelimi-

tationofthecontinentalshelfofMalta onthis basis achieves an equitable
result in viewof its sizeand any other relevantfactors.
(e) Economia cnd relatedfaciors

6.87 The Court hasvery properly warned against the temptation to
base shelfdelimitationon argumentsof relative wealth,saying-
"..theseeconomicconsiderationscannotbetakeninto accountfor

the delimitationofthecontinentalshelfareasappertainingtoeach
Party. Theyare virtually extraneous factorssincethey are vari-
ableswhichunpredictable nationalfortuneorcalamity,asthecase
AngleFrenchArbiiraiion. Dccisi30Junc 1977(Cmnd. 7438)p.93, para. 194.132 CONTINENTAL SHELF il141

may be, might at any time cause to tilt the scale one way or the
other. A country might be poor today and becorne rich

tomorrow ...lm.

6.88 It may be suggested that the irrelevance of such arguments
derivesnot only fromthe relative and variable nature of national wealth
but also fromthe fact that such considerationshave nothing whateverto

do with the physical facts of prolongation of the land territory into and
under the sea and the geographic correlationbetween iandmass and sea-
bed whichis the basis of title2.

6.89 Arguments based on populationare equally extraneousa,for the

relative densityof a population maybe explained on various grounds -
climate,soi1fertitity,actual resourcesofthe land,wealth, communications
- but not by referenceto any inherent link betweenthe land and the sea-

bed. Indeed,to shift the argument fromone of national wealthto one of
populationisnot reallytoshift theargument at ail. The sizeofpopulation
isdirectly related to national wealth, for its most relevant criterion isper
capita income, and that depends upon the size of population.

C. The Role of Proportionality

6.90 The principlethat an equitable delimitation must satisfythe test
of proportionality means that there ought to be a "reasonable degreeof
proportionality whicha delimitation efïectedaccording to equitable prin-

ciples ought to bring about between the extent of the continental shelf
appertaiiiing to the States concerned and the lengths of their respective
coastlines, -- these being rneasured according to their general direc-
tion...'". Indeed, in ils 1982Judgrnent the Court referred to "the test of

proportionalityas an aspect ofequity"',and the manifest link betweenthe
equity of the result and the test of proportionality was earlier recognised
by the Court ofArbitration in the Anglo-FrenchArbitration whenit said:

"Proportionality ..is to be used as a crilerion or factor relevant in

evaluating the equities of certain geographical situations, not as a
general principleprovidingan independent sourceofrights to areas
of continental shelf"'"

'ContinenrulSheif (Tunisia/LibyanArubJarnahiriya),Judgment, I.C.J.Reports1982, p.
77. para. 107.
' Ibid.p. 54.para.62 and p.61.para.73.
This rnaynot be trueof disputes conccrninfgishinglimits.whcrctheeconomicdependence
of acoastal populatioia rclcvant facto;utit itrucof disputes concernithecontincn-
ta1shelf.
' North Seo ContinentalShelj.Jud,qnieniI.C.J. Reports1969.p. 52.para.98.
' ContinentalShev (Tunisia/LibyanArab Jamahiriya).Judgmeni. I.C.J.Reports1982. p.
91, para.131.
' Anglo-FrenchArbiirution. DecisiooJ30 June 1977 (Cmnd. 7438), p. 61. para. 101.il151 MEMORIALOF LIBYA 133

Although nota legal principle which itself givesrise to rights, proportion-

ality as a factor or guide is intimately connected with the concept of the
continental shelf based onnatural prolongation;it may evenbe said that it
is the necessarylogicalconsequenceof this concept,sinceits purpose isto
ensure that each natural prolongation will be accorded its proportionate
weight.

6.91 Put in other terms, it is the role of the proportionality test to
prevent any "refashioningn of geography. For the proportionality test
requires that the real or actual coasts of the Parties are first to be identi-

fied, and then related to the shelf area lying off those coasts which any
particular method of delimitation would attach to those coasts as their
"naturaf prolongation". Andthe purpose of identifying a "coastal front"
rather than the actual configurationis not to ignorenature or depart from
the real coasts, but rather to obtain a more realistic measurement of the

coastal length which projects into and under the sea. It isfor this reason
that the "distortions" produced by concavities or convexities or other
abnormal configurationsare eliminated by rneasuringcoastal fronts, and
the effect which such features rnight have on any line of delimitation is
controlled by the proportionality factor to ensure an equitable result.
Consistent withthis approach, the equityof the result does not flowfrom

"nicecalculations" orprecise,mathematical relationships betweencoastal
lengths and shelf areas, but rather from a broad, general cornparison of
sufficient flexibilityto accomrnodate the overriding aim of achieving an
equitable result'.

6.92 The test or element of proportionality as an aspectof equity has
in fact beenappliedsofar only tothose geographical situationswhere two
or more"opposite"or "adjacent" States abut onthe samecontinental shelf
insucha waythat their respectivenatural prolongations overlap, converge

or merge into each other although,in Libya'sview,the application of the
principleofproportionalityiscertainly not restricted to thosegeographical
situations, but, as a test of the equity the delimitation, hasa much more
general scope. In the North Sea cases and in the Tunisia/Libyacase the
Court applied the principle of proportionality to geographical situations
where there was an extensive overlapof the natural prolongations of the

coastal States which bordered an enclosed, singleand uniform continental
shelf. It was only in the Anglo-FrenchArbilration, in relation to areas
stretching out open-endedinto the Atlantic, that the Court of Arbitration
had doubts about the applicability of proportionality in this strict çense.

6.93 It is preciseiyin areas wherethe natural prolongations of two or
more States rnerge or converge with one another, within an enclosed

1982,Cp.91,epara.131,whercithe Court appliedtheratiosina gcncralway,.withoutts
attemptingto produccpreciscmathematicalatiosbetwtcncoastsandshclarcas.134 CONTINENTAL SHELF 11161

submarinearea,that the test of proportionality ensuresthat proportionate
weight will be accorded to the prolongations of the respective coastal
fronts. In 1969 it was the particular geographical situation of the three
adjacent States situated on the concavecoast of the North Sea which first

gave rise to the test of proportionality. But it does not follow that its
applicability is restricted to such geographicalsituations. This Court, as
wellas the Court of Arbitration in the Anglo-French Arbitration, has in
later casesstressed the pointthat the roleofproportionalityis"fundamen-
tal" and indeed"inherentn inthe notionofdelimitation in accordancewith
equitable principles,and it could wellapply to other geographical situa-
tions where the natural prolongations of the States concerned overlap,

merge or converge. Inthe case of oppositecoasts abutting on the same
continental shelf the followingconsiderations may then be relevant:

( ) Where opposite coasts,whether continentalor insular, are
of comparable length and configuration with respect to that part
which faces the submarine areas between them, the median line
betweenthe twocoasts will ingeneral satisfythe test ofproportional-
ity. In such cases the median linewillattributeto each of the States

concernedcontinental shelf areas whichare on the wholeproportion-
ate to the lengthof their respectivecoastal fronts1.

(2) Where, however,the opposingcoastslackcomparability in
length and, where, in particular, a much smaller island faces a much
larger continental coast, the median or equidistance line would not
satisfythe test ofproportionality.It wouldattribute largesubmarine
areas to an island when,in reality, the areas are partof the natural

prolongation of the continental coast. In such cases, therefore, a
boundary line must besought which dividesthe area where the natu-
ral prolongations overlapin a ratio comparable to the ratio of the
lengthofthe respectivecoastal lengthswhichfacethe submarinearea
to bedelimited. The manner in whichthis test may be appliedtothe
present case will be demonstrated in Part IIIbelow.

Conclusions

6.94 In the next Part, the principlesand rulesof law discussedin this
Chapter are applied to the facts and relevant circumstances of this case.
But before turning to Part III,t rnaybe helpfulto summarise the present
Chapter briefly. It has been shownabove that the principle of natural
prolongation rernainsthe basisof title to the continental shelfand that this
principle has a "double aspectn: as the basis of title and as a relevant

'Sa paras.6.58and6.59abovc.[117] MEMORIAL OF LIBYA 135

circumstance to betaken intoaccountin effectingan equitabledclimita-
tion. At thesametime,it basbeenernphasiscdthat thegoverningprinci-
plcinreaching adtlimitationbyagreementbctweenthePartiesistoreach
an cquitableresultthroughthe applicationof equitableprinciples, which
invalvcsthe selectionand weighingofthe factorsandcircumstancesrele-
vantinthis particularcase. It isappropriate, there,oturnnowtothis
aspect of the case in whichthe applicationof the law to the facts and

relevant circurnstancesillbetakcn up. PART III

APPLICATIONOF THELAW TO THE FACTS AND
RELEVANTCIRCUMSTANCESOF THIS CASE CHAPTER7

THERE IS NO A PRIORIMETHOD OF DELIMITATION

7.01 In this Chapter it will be shown that under customary interna-

tional lawthere is no a prior miethod for the delimitation of the continen-
tal shelf. The objective isto determine how inthe light of the relevant
circumstancesof the particular case an equitable result rnay be achieved.

7.02 In its 1969Judgment the Court noted that there is no single
methodof delimitation which is inal1circumstances obligatory'. Clearly

the reasoning behindthat conclusion lay in the Court'srecognitionthat, in
order to arrive at an equitable resultal1the relevant circumstances must
be taken into account, and that, moreover,eventhe geographicalcircum-
stances - the coastal configurationsof the Parties - could dernonstrate
such variety that no single method could be applied and produce an

equitable result in al1situations.

7.03 This reasoning wasmaintained by the Court in its 1982Judg-
ment in the TunisialLibyacase. There the Court noted, and by clear
inference accepted, the viewof both parties that no method was imposed
by law, and that even a combination of methods might haveto be used.

"The Parties recognizethat in international law there is no single
obligatorymethodofdelimitation and that severalmethods maybe
applied to one and the same delimitation2."

7.04 In fact, in its 1982 Judgment the Court adopted two different

methods in the two different sectors. The Court found that the relevant
area did not exhibit such "geographical homogeneity3" as wouldjustify a
single methodof delimitation throughout the area. Asthe Court noted:

"The considerationswhich dictate this difference of treatment of
the twosectorsof continental shelf forthe purposes ofdelimitation
are intimately related to the varying influences of the individual
circumstances characterizing the area...'".

'North Sea ConiinentalShelf. Judgment. I.C.J. Reports 19p.53, para. 10(B)
[disposit~.l
ConrinentaShelf(Tunisia/LibyonArabJamahiriya,Judgmeni. I.C.J. Reports1982.p.
79, para.I1.
'Ibid.,p.82, para.1111maybenotedthat the Courotf ArbitratintheAngleFrench
Arbitrationadoptcdsimilarreasoninginconstruing Aeof the1958Convention.For
the twosectorof the Channel Islandasnd the Atlanticwercvicwcdby the Courtas
produccan quitable resuin:thefirstsectoran cnclavc,andinthe second serhalf-o
ckt" forthe ScillyIsles.
'Ibid.p.82, para.1S.140 CONTINENTAL SHELF [1221

Accordingly,the area close tothe coasts was treated differently fromthe

area further to seaward. Thus, fiexibilityof method for the purposesof a
singledelimitation was recognisedas necessary for achievingan equitable
result whereverthe geographicai or other relevant circurnstances showed
marked variation withinthe area relevant to that single delimitation.

7.05 The notionthat equitable principlesdemand flexibilityof method
necessarily hasimplications for the status of the "equidistance principle".
The view that the equidistance method has an obligatory character has

been shownto be mistaken evenunder the 1958Convention onthe Conti-
nental Shelf. In its 1969Judgment, for example, the Court had occasion
to refer to the history of Article6 of the 1958Conventionin order to see
whal slatus the International Law Commissionhad attached to the equi-
distance method. The Court said-

"...a striking feature of the Commission's discussions ..during the
early and middle stages, [was that] not only was the notion of
equidistance never considered fromthe standpoint of ils havinga
priori a character of inherent necessity: it was never given any

special prominence at all, and certainly no priorityl."
The Court concluded:

"In the light of this history, and of the record generally, isclear
that at no time was the notion of equidistance as an inherent
necessityof continental shelf doctrine entertained2."

7.06 The viewthat equidistancehasnoapriori clairnasa method,and
that no one methodiseverobligatory,foundsupport inthe 1977Award by
the Court of Arbitration inthe Anglo-FrenchArbitration. Inconstruing
Article 6 of the 1958 Convention, the Court of Arbitration stated-

"...this Court considersthat the appropriatenessof the equidistance
methodor any other method forthe purposeof effectingan equita-
ble delimitation is a funclion or reflectionof the geographical and
other relevant circumstances of each particular case. The choice

of the method or methods of delimitation in any given case,
whether under the 1958Conventionor customary law, has there-
foreto bedetermined in the light of those circumstances andof the
fundamental norm that the delimitation must be in accordance
with equitable principles3."

'NorrhSeo ConfineniaShev Judgmcni,I.C.J. Report1969,p.34,para.50.
*Ibid..p35,pra. 55.
' Anglo-FrenchArbitration. Decisio30lune 1977 (Cmnd.7438), pp.59-60,para.97.
The Courthadearliernoted that"...evenundcrArticlc6 it is the gcograandcothcr
circurnstanccsfany givencasewhich indicateandjustifytofthequidistanccmethod
as the meansof achicvingan cquitablc solution rathctrhan thc inhcrcnt quality ofthc
rncthodas a legal norrdclimiiation"Ibid . 49. para.70.11231 MEMORIAL OF LIBYA 141

7.07 This clear trend of decision was maintained by this Court in its
Judgment in the TunisialLibyacase. There the Court found it appropri-
ate to make some observations onthe equidistance method. The Court
stated:

"Treaty practice, as well as the history of Article 83 of the draft
convention on the Law of the Sea, leads to the conclusion that

equidistance may be applied if it leads to an equitable solution;if
not, other methods should be employedl."

Indeed,the Court wasnoteveninclined (as had beenthe Court ofArbitra-
tion in 1977) to make the equidistance method a first step or starting
point. It said: ,

"Nor doesthe Court considerthat it isin the present case required,
as a first step, to examine the effectsof a delimitation by applica-
tionofthe equidistancemethod,and toreject that method infavour

of someother onlyif it considersthe resultsof an equidistanceline
to be inequitable. A findingby the Court in favour of a delimita-
tion by an equidistance line could onlybe based on considerations
derived froman evaluationand balancing upofal1relevantcircum-
stances, sinceequidistanceis not, in the viewof the Court, eithera

mandatory legal principle, or a method having some privileged
status in relation to other methods'."

7.08 The judicial appraisal of the role of equidistance, as refiectcdin
these decisions, was mirrored in the negotiations at the Third United
Nations Conference on the Law of the Sea. The evolutionof the succes-
sivedrafts of the Convention witnessedthe abandonment of the provisions

for delimitation that had appeared in Article6 of the 1958ConventionJ in
favour of incorporating the principles that were expressed by this Court,
most notably, in its 1969 Judgment. Whereas Article 6 of the 1958
Convention had provided fordelimitation by the equidistance method

"unlessanother boundary line isjustified by specialcircumstances", Arti-
cle70ofthe InformalSingleNegotiating Text presentedbythe Chairman
of the Second Committee of the Third Conference in 1975 reversedthe

'ContinenrulShel/(Tunisia/LibyArub JumahiriyaJJudgmenr.I.C.J.Rcporrs1982,p.
'Ibid.p.79, para. IlO.
ForthcconveniencoftheCourt,acopyofthisArticlaswellasofthevariousdraftsthe
articlcdcalingwith thedelimitationof thecontlhelfwhichwcrcdiscusscdduringthe
ThirdConferenccontheLawofthe Sca andwhicharcrcfcrredtoinparas.7.08-0.ofthis
Memorial..havcbeenattachcdas Annex100.142 CONTINENTAL SHELF [1241

role of equidistance by providing that delimitation be effectedby agree-
ment "in accordance with equitable principles, employing, whereappro-
priate, the median or equidistance line, and taking account of al1 the
relevant circumstances'."

7.09 The provisionsof Article 70 remained the same throughout the
1976,1977and 1979revisions untilthe Informal CompositeNegotiating
Text/Revision 2 of 11April 1980when two changes were incorporated
into Article 83 which, by that time, had becomethe article dealing with

the delimitationofthe continental shelf. First, Article83wasamendedto
provide that delimitation be efiected by agreement "in conformity with
international law". Second, the expression "taking account of al1 the
relevant circumstances" was changed to read "taking account of al1cir-
cumstances prevailing in the area concerned2". Article 83 took its final

shapeinthe Draft Convention of28August 1981inwhichal1referencesto
equidistance wereentirely eliminated in favour ofthe followingprovision:

"1. The delimitation of the continental shelf between States
with oppositeor adjacent coasts shall be effectedby agreement on
the basis of international law, as referred to in Article8 of the
Statute of the International Court of Justicin order to achievean
equitable solutions."

Ultimately this formula wasadopted inthe finalversionof the Convention
that was opened forsignature on 10December 1982'.

7.10 The shift of emphasis evidenced by the successivedrafts of the
newConventionlay not merelyin the eliminationof any specificreference
toequidistance. More importantwasthe emphasisthat was placed onthe

ultimate solution and on the equity of the result achieved. The earlier
drafts of the Convention providedthat delimitation was to be efiected by
agreement "in accordance withequilable principles". Inthe final version
of Article 83quotedjust above,the stress was placed on the achievement
of an "equitablesolution". Incontrast, the 1958Convention hadmadeno
express mentionof equitable principlesor the achievementof an equitable

solution.

7.11 The primary reason, ofcourse, whyequidistance has no a priori
or mandatory character is that the equidistance method, by its very
nature, is not designed to take into accountl1of the circumstances that
may berelevanttothe delimitation. Itisself-evidentthat the onlyfactors
which are relevant to equidistance are geographical, since equidistance

'fhird United Nations Conferon theLawof theSca,U.N. Doc.A/CONF. 62jWP.
8/PART JI,7 May 1975.
'Idem.U.N. Doc.AjCONF. 62/WP,IO/Rev.3,22Sep. 1980.
aIdem,U.N. Doc.A/CONF. 62/L.78. 28 Aug. 1981.
'Idem, U.N.Doc.A/CONF. 621122.7 Oct. 1982.[i2sj MEMORIAL OF LlBYA 143

depends entirely on the relationship of the two coasts between which the
line is drawn and, in some cases, on only one point on the Coast. This
method,which is purelycartographic, rejectsal1other potentially relevant

circumstances - geomorphology,geology,physicalappurtenance of shelf
to landmass, conduct of the parties, effect of delimitations with third
States and the element of proportionality - which must be set aside as
legally irrelevant. Indeed, equidistancedoes not even accurately reflect

geography in al1 cases inasrnuch as the eiïect of islands, convexand
concave coastlines or promontories may well distort the course of an
equidistance line.

7.12 The notion that Bexibilityof rnethodis required to accommodate
the variety of geographical and other relevant circumstances is fully con-
sistent with state practice. Although it is true that agreements between

States are not normally accompanied by a description of the reasoning
behindthe selectionofa particular rnelhodofdelimitation inthe sameway
as in a judicial decision, nevertheless itis apparent from the geographical
context that in many agreements some consideration was givento other

methods in delimiting the maritime areas concerned. Such methods
reflected in these agreements include: modifyingan equidistance line to
givepartial effect to islands;the use of partial or completeenclaves;lines
reflecting an allocation of areas of sea-bed in proportion to respective

coastal lengths; linesat right anglesto a general lineofcoastal fronts;lines
adopting a line of latitude or a fixedazimuth; and lines followinga ship-
ping route or channel.

7.13 The diversityofmethodsusedisa direct reflectionof the diversity
of relevant circurnstances. Both this Court and the Court of Arbitration

in 1977 have emphasisedthat the appropriateness of any given method
mustdependuponthe relevantcircumstancesof the particular case'. It is
therefore essential to identify those circumstances which are relevant in
the present case. The task of identifyingthe relevantcircumstancesof the

case is,in part, a task involvingthe application of legal principlesalready
established by this Court, bearing in mind the caveat of the Court that
there are no closedcategoriesof relevantcircumstances, and there is "no
legal lirnitto the considerationswhichStates may take account of for the

purpose of making sure that they apply equitable procedures2".
7.14 However,the more difficulttask liesnot in sirnplyidentilqringthe

relevant factors or circumstances but in attaching to each of them their
'NorthSea ConrinenralShelfJ, udgment,I.C.J.Reports1969,p.47para.8S(b) andp.53,
para. 101 (C)(l)[disposiii/l;ContinenralShcif (Tunisia/LibyanArab Jomahiriya),
Judgment,I.C.J.Reporrs1982.pp.60-61,para.72;p.78,para.108;p.82, para.114andp.
92, para.133 (A)(]) [disposirifj; Anglo-FrenchArbitrarion.Decisionof30 June 1977
(Cmnd.7438), p.54, para.84;p.95, para.201;and p.112, para.239.
'North Sea ContinenialShelj. Judgmenr,I.C.J.Reports 1969.p. 50, para.93.144 CONTINENTAL SHELF [261

appropriate weight. For it is in the processof balancing or weighingone

factor against another that the element ofjudgment is most crucial and,
inevitably, the question arisesas to the criterion by which this judgment
must be exercised. It is clear, in Libya'sview,that the criterion must be
the equity of the result. To adopt the Court's own phrase:

"It is, however,the result which is predominant; the principlesare
subordinate to the goal'."

Whilst the dictum wasmade inthe context of the Court's identificationof
the equitable principles to be applied, if the importance of securing an
equitable result overrides the selection of equitable principles it must,
a forriori, govern the process of weighing one relevant circumstance
against another.

7.15 Accordingly,in the followingChapters of this Part III, the rele-
vant factors and circumstances will be identifiedand examined,attention
being given First,in Chapter 8 below, 10those factorsof a geornorphologi-
cal and geologicalcharacter pertinent to establishingnatural prolongation

in the present case. Forit isthe positionof Libya that the fact of natural
prolongation is established by certain physical factors in this case that
serve to identify the natural prolongations of each of the Parties. It is
necessaryto bear inmind that the Court is not called upon here todraw a
line. The eventual line of delimitation will emerge from negotiations

betweenthe Parties, applyingtheCourt's Judgmentand the principlesand
rules deterrnined by the Court to be applicable in the present case. For
this reason it is notsought to identifythe natural prolongationsbelonging
to Libya and Malta bya precise line butrather to indicate the zone within
which such a line must be drawn in order to achieve an equitable result.
In Chapter 9 below, the other circumstances relevant to delimitation in

this case will then be taken up and considered in light of the overriding
criterion: would a boundary within such a zone produce an equitable
result?

'ContinentaShelf (Titnisia/Libyan Arab Jomohir.Judgrnenr.I.C.I. Repor1982,p.
59.para.70. CHAPTER 8

THE PHYSICAL LIMlTS OFNATURALPROLONGATION

Introduction
8.01 In the discussion of the law in Chapter 6 it was shown that

natural prolongation rernainsthe primary basisof legaltitle toareas of the
continental shelf,and it was suggestedthat each Party as a firststep must
prove that the natural prolongation ofils land territory extends into the
area inwhich the delimitation isto be effected. Accordingly, in this
Chapter the physical factors of geomorphology and geology will be
examined in order to determine the limits of the natural prolongationsof
Libya and of Malta relevant to a delimitation in this case.

8.02 As to the natural prolongation of Libya seaward from its coast
across the PelagianBlock, as noted in paragraph 3.25above,this fact was
thoroughly documented by Libya in its pleadings in the TunisialLibya

case, and the referencesset forth in footnote 1tothat paragraph (at page
35) may be consulted in this regard. Referring back to the geomorpho-
iogical and geological descriptionand analysisof the sea-bed and subsoil
features in Chapter 3, it will berecalied that the features forming the
northern and eastern boundaries of the Pelagian Block and the eastern
boundary of the Ragusa-Malta Plateau - that is, the Rift Zone in the
north and the Escarpments-Fautt Zone in the east - were shownto be

features of major geomorphological significance. As waspointed out in
paragraph 6.50above,this Court, as wellasthe Court of Arbitration inthe
AngluFrenchArbitration, has envisagedthe possibilitythat physicalfea-
tures on the sea-bed may constitute a discontinuity between the natural
prolongations of two States. The most recent articulation of this point
appears in paragraph 66 of the 1982Judgment where theCourt examined
certain sea-bedfeatures todetermine whethersuch features wereof sucha
size and importance as to constitutea"marked disruption or discontinu-

ance of the sea-bed", and hencean "indisputable indication ofthe limitsof
two separate continental shelves,or two separate natural prolongations'."
It is appropriate to examine again the physicalcharacteristics of the sea-
bed features present inthis case- the Rift Zone forming the northern
limitsofthe Pelagian Blockand the Escarpments-Fault Zone constituting
the eastern limitsof the Ragusa-Malta Plateau and of the Pelagian Block
- in the light of this test.

A. The Rift Zone

8.03 The features identifiedearlier inthis Mernorialascomprisingthe
Rift Zone that runs between Libyaand Malta consist ofthree Troughs -
'ContinentShelj (Tunisia/iibyan Arab Jamahiriya)iJudgI.C.J. Reports19p..
57. para66.fi291 MEMORlAL OF LIBYA 147

8.06 Ifthese Troughs are compared to other sea-bed features that
have been discussedin continental shelfjurisprudence, it isapparent that

they are quite difïerent from those features, and are far more appropriate
than those features to serveas the basis fora delimitation boundary. Two
of these features already deçcribedand discussedabove',the Norwegian
Trough and the Hurd Deep, illustrate the contrast.

8.07 Although there may not be completeagreement among scientists
as to exactly how the Norwegian Trough came to be, its formation is
generallyattributed to a combinationof glacial erosionand accumulation

of postglacialisostatic readjustment of Scandinavia and the adjacent sea-
floor2. What is important is the fundamental difference betweenthe
resulting feature and its causes and the Troughs in the Strait of Sicily.
Thedepthsofthe featuresare hardly comparable! The steepflanksofthe

Troughs in the Strait of Sicily contrast sharply with the rather gentle
banks of the Norwegian Trough which is shaped likea long, widevalley
typical of those formed by glacial erosion. Moreover,the causes of the
Troughs and Channels along the Rift Zone are compIetelydifïerent: tec-
tonic rifting with grabens extending deeply into the earth's crust in the

case of the Rift Zone; glacialand postglacial erosional processes resulting
instrictly surface features in the caseof the NorwegianTrough. The Rift
Zone is the result of geologicalfactors that are rnodifyingthe initial fiat
layers into zonesof positiveand negative relief and, hence, deforrningthe

sea-bed and subsoil. The events leading to the formation of the Norwe-
gian Trough are past history and over with. And yetthe Court in its
dictum inthe North Sea cases impliedthat sucha feature might constitute
an interruption of the natural prolongation of Norway4.

8.08 As to the Hurd Deep, it would hardly seem comparable to the
Rift Zoneeither in respect of its causes or its geomorphology. Although
its origin has been subject to somedispute in the past, the viewof geolo-

gists today is that it isan erosionalrather than a tectonic feature, shaped
by tidal and fluvialcurrents at a time of lowersea level,and possiblyalso

'SLparas. 6.45 through6.48 abovcandfn. 2 top.99.
TheNorih-WestEuropeanShevSeas: TheSeo Bd andtheSea inth SeMotion-NGeologyand..
Sedimeniology,Amsterdam.ElsevierOceanogr.Scric24A. 1979,pp.195-270,ai pp.227-
228and 245-246. (A copyof thesepagesis attachedas Annex101.)
aSec thestatisticsof the NorwegianTrouset forthinfn.2to p. 99.
'Norlh Seo Conlinenta1ShelJ,Judgment,J.C.J.Reporls 1959p.32,para. 45. 148 CONTINENTAL SHELF 11301

affectedby glacialice'. It isthus a shallowvalley,nota grabensuch asthe
Troughs in the Rift Zone. Its physical dimensionsare considerably less
pronounced than those of the Rift Zone. Its depth varies from 121-240

metres compared to the adjacent seafloorof 80-90 metres, certainly far
less rnarked than the steepflanked Troughs: the Malta Trough, for
instance. plunges toa maximum depth of 1,714 metres. The width and
length of the Hurd Deep are 1-3 nautical miles and 80 nautical miles,

respectively. The Malta Trough is 11nautical miles wideand 87nautical
mileslong - the latter beingthe onlydimensionin whichthe two features
are not markedly different. However, consideringthe entire Rift Zone
forming the northern limits of the Pelagian Block (see Figure 4 facing

page 132) in terms of its length, width and depth and its geologicai
significance,suchas its young volcanismand currently active rifting, these
features noted by the Court and the Court of Arbitration- the Norwe-
gian Trough and the Hurd Deep - are not comparable to the Rift Zone.

8.09 A third feature, whichthe Court has taken noteof more recently
in its 1982Judgment is the feature called the "Tripolitanian Furrow".
This feature, which is part of the Pelagian Block,has already been men-

tioned in the iegal discussion in Chapter # and its geomorphological
characteristics have been described in Chapter 3 of this Memorial and in
Part Iof the TechnicalAnnex. There, the descriptioof sea-bed features
@ of the Pelagian Block follows closelythe IBCM map, which was notyet

generally availableat the time of the proceedings in the Tunisia/Libya
case. It wasdernonstrated there that this wholearea of the sea-bed from
the line of longitude of Rasajura eastwards to the edge of the Pelagian
Block at the Medina-Misratah Fault Zone, of whichthe "Tripolitanian

Furrow" isthe southern part, isa broaddepressionon the seafloorwhichis
gently contoured without any marked features at all.

8.10 Geologicaliy,the area of the Pelagian Blockrepresented on the
sea-bed as this large depressionia sedimentary basin produced by fault-

ing that began around 200 millionyears ago and ended about 100million
years later. Almost a11the fault-producing rifts in this southern basin
have been covered by younger layers of sediment. The contours of the

'Sec KENT.P.E." TheTectonicDevelopmctfGreatBritainandtheSurroundinScas",
in:WOODLAND A,.W. (cd.),Petroleumandthe ContinentalShrlfof North-WesiEurope.1.
Geology.London.AppliedSciencePublication,19753-28;HAMILTO DN,andSMITH
A. J.,"ThcOriginandScdimcntary Historyfthe HurdDccp,English Channcl, with
Additionaloteson otherDecpsinihcWesternEnglish ChannExtrailduMémoire du
B.R.G.M.,No 79. (1972). un&crsofBristol~colo$cal Publicatio635.pp.59-78.
'Sec para6.49abovc.ofthcsepagesis attachcdAnncx 102.)L13l] MEMORIAL OF LlBYA 149

present-day sea-bedreflectthe efiectsofsedimentation and erosionsuper-
imposed onthis large, old, basin. and the ancient rifting along this basin
has no direct present-day expression geomorphologicallyon the sea-bed'.

8.11 In contrast, in the area of the Medina Channel and the Malta
Channel (which geologicallycould be called the "Medina Grabenn and
the "Malta Grabens") the faults are seen to run up to the surface of the
sea-bed. They cause, particularly in the Medina Channel, a substantial
seafloor displacement (see Figure No. 1 of Part III of the Technical
Annex). These Channels (or Grabens) are, as noted above in Part 1of

this MemoriaI, extensionseastward of the Pantelleria, Linosa and Malta
Troughs (or Grabens) and, consideredtogether, are part of the Rift Zone
running al1the way east to the Heron Valleyat the juncture of the Sicily-
Malta and the Medina Escarprnents. The figurein Part III ofthe Techni-
cal Annexjust referred to above showsthe volcanismpenetrating to the
surface of the Medina Graben - a further indication of the present-day

activity along these faults. The older volcanismin the southern basin of
the Pelagian Block(as wellas inthe Ragusa-Malta Plateau) liesfar below
the surface, as pointed out in Part 111 of the Technical Annex.

8.12 It isworthemphasisingagain that it isnotthe Troughsofthe Rift
Zone alone.that create such a "marked disruption or discontinuance" of
the sea-bed as to constitute an"indisputable indication of the lirnitsof...
two separate natural prolongations". The important feature is the Rift

Zone in its entirety of whichthe Troughs form-thenorthwest part as well
as the mostpronounced geomorphologicalmanifestation. ~he Rift Zone
continuesonacrosssouth of Malta, whereit appears on the sea-bedas the
Malta and Medina Channels continuing eastward to the Heron Valley.
This fact is well illustrated by Figure No. 7 of Part II of the Technical
Annex,a copyof whichmay be foundinthe pocket section ofVolume IIIa.

An interpretative diagram appearing as Figure4 followingthis page has
been producedby the authors of that figure to showin simplified formthe
extent and importancegeologicallyof this Rift Zone. FiguresNos. 5 and
6 of Part III of the TechnicolAnnex.co~iesof which mav be foundin the
pocket sectionof VolumeIII, alsodemoktrate the same&nt as explained
in the text of that technicalauer. It is the sinnificancof this Rift Zone

that has even led some geoligists to concluldethat a new micro-plate
boundary is formingalong it (seeparagraph 3.51 aboveand Part III ofthe
TechnicalAnnex) .
'Furthcrdiscussionof thisarcaof dcpression along the nartof the PelagianBlock
seemsunnacessary.It issituattdwelltothesouihof anyareato whichMaltahasassertcd
continentalshclf righis.
'See Part III,TechnicalAnnex.
'This figureisentitled:"FaMapof the Central Mediterranean showing Bathymctric
Correlation."150 CONTINENTAL SHELF il321

8.13 In this context, it is pertinent to quote frorn paragraph 95 of the
Court's 1969Judgrnent in whichthe relevanceof geology waspointed up

in explainingthe significanceof sea-bed and subsoilfeatures. The Court
stated:
"The appurtenance of the shelf to the countriesin front of whose

coastlinesit lies,istherefore a fact,and it can be useful to consider
the geologyof that shelf in order to findout whether the direction
taken bycertain configurationalfeaturesshould influencedelimita-
tion because,incertain localities,they point-upthe whole notionof
the appurtenance of the continental shelf to the State whoseterri-
tory it does in fact prolong'."

It is to just such use that this Memorial has put the scientific facts of
geology. In Libya'sview these factsshowthat the Rift Zone constitutes a
fundamental discontinuityexisting today in the sea-bed and subsoil and

forms an actual separation in the natural prolongations of Libya north-
ward and Malta southward. Assuch,the Rift Zone servesto "point-upn
those portionsof the continental shelf that are appurtenant to Libyand
Malta inasmuchas it marks the limits of each State's area of entitlemeni
10areas of continental shelf lying betweenthem.

B. The Escarpmenîs-Faul tone

8.14 There is another group of geomorphological features of major
geologicalimportance and of great relevanceto this case. These features
consist of the Sicily-Malta Escarpment, dividing the Ragusa-Malta Pla-
teau from the Ionian Basin, and the Medina Escarprnent and Medina-
Misratah Fault Zone which form the eastern boundary of the Pelagian

Block.
8.15 The pertinent details regarding these features were set forth in

paragraphs 3.21 through 3.24 above. The geornorphological prominence
of these features at least as far south as the 33" N0'latitude is evident
from the various bathymetric charts, the Slope Map, the Sea-Bed Mode1
and the other figuresreferred to here, in Part 1abovand in the Technical
Annex. (See, in particular, the photograph of the Sea-Bed Mpdel taken
from the east which appears at the end of Part IV, TechnicnlAnnex.)
The steepdescent at the Sicily-Malta Escarpmentis also welldepicted by

Figure No. 2 in Part III of the TechnicalAnnex. This Escarprnent is
arnongthe mostmarked geomorphologicalfeatures in the entire Mediter-
ranean. It is clear that these two Escarpments and the Fault Zone form
the eastern boundary of the Ragusa-Malta Plateau and of the Pelagian
Block;it isequallyclear that the Sicily-Malta Escarpment terminatesany
natural prolongation east of Malta.

'North Sea ContinentSheK Judgrnent.I.C.J.Repor1969.p. 51, par95. [133] MEMORIAL OF LlBYA 151

8.16 Of course, as noted in paragraph 3.24 above, the Libyan Coast
continuesoneastward past this lineof Escarpmentsand Fault Zone;areas
of continental shelf to the east of this line are the natural prolongationto
the north of the Libyan landmass intoand under the Ionian Sea. How-
ever,the extent of Libya's rightstoareas ofcontinentalshelfinthisareato

the east are related tothe rights of other Statesthat border on the Ionian
Sea and are not in issue in this case'.
Conclusions

8.17 The Rift Zone can thus be regarded as a physical feature which
constitutes, inthe wordsof the Court, "a rnarkeddisruption ordiscontinu-
ity of the sea-bedw. It producesan "indisputable indication"of the limits

of the natural prolongations of Libyaand Malta. Its length, width,
diflerencein relief, tectonic setting,geomorphology,seisrnicity,volcanism
and oceanographic implicationsPplaceit in the front rank of Mediterra-
nean geornorphological-geologicafleatures and Ieadto the conclusionthat

the natural prolongations ofMalta and Libya in the areas of shelf lying
between themare separated by this feature. The Rift Zone indicatesthe
boundary zonebetween Libya'sentitlement to areas ofcontinental shelfto
the north of the Libyan landmass and Malta's entitlement to areas of
continental shelf to the south of the Maltese Islands.

8.18 Similarly, any natural prolongation east of Malta is terminated
by the Sicily-Malta Escarpment whichdividesthe Ragusa-Malta Plateau
and the Ionian Sea. The great geomorphological reliefof this feature

alone makes further elaboration of this conclusion unnecessary. In the
Chapters which followit remains to be consideredwhether a delimitation
boundary within the Rift Zone extending eastward to where itmeets the
southern part of the Sicily-Malta Escarpment in the vicinityof the Heron
Valley wouldlead to an equitable result in light of the other circumstances

relevant to this case.

'Asewas notcdin paragraph2.10, an underwater "ri"ith currentswhichptrforan
importantoccanographicfuncrionfollowsthe geomorphological contourosf the Rift Zone
and reinforcilssignificanasa boundary. CHAPTER 9

THE RELEVANTCIRCUMSTANCES OF THlS CASE

9.01 As the Court said in paragraph 72 of the 1982 Judgment:

"It isclear that what is reasonable andequitable in any givencase
must depend on its particular circumstances. There can be no
doubt that it isvirtually impossibleto achievean equitablesolution
in any delimitation withoutking into accoünt the particular rele-
vant circurnslances of the area'."

It was observedinparagraph 6.38abovethal in a continental shelfdelimi-
tation the Court isfaced with complexsituations of fact, which facts must
be identifiedand givenappropriate weightas circumstances relevant to an
equitableresult inthe particular case. is tothis task that this Mernorial
now turns: the identification and weighing of the factors of this case
considered by Libya as constituting relevant circurnstances to be taken
into account in reaching an equitable delimitation.

A. The Physical Factors of Geomorphology andGeology

9.02 The fact of natural prolongation, and the physical factors of

geomorphologyand geologyconstitutingevidenceofnatural prolongation,
are necessarilyof prime significancein arriving at the "equitable result"
whichisthe basic objective governingdelimitationofthe continentalshelf.
In its 1982Judgment, the Court made clear that such physical factors,
evenif they would notbe regarded as such a disruption or discontinuityof
the natural prolongationof two States as to make it possibleto identify a

clear division between twoseparate natural prolongations,may neverthe-
less qualify as relevant circumstances2. In thTunisialLi casa the
Court did notfindthe criterion of natural prolongation usefulin leadingto
a delimitationunder the particular circurnstancesof that case. However,
as has been demonstrated in the preceding Chapter, the present case is
quitedifïerent: natural prolongationasestablishedbythe particular physi-
cal factors of geography, geomorphologyand geology in evidence here

does providethe basis for a delimitation. A boundary zone dividingthe
natural prolongationsof the Parties in the sea-bed areas lying between
Libya and Malta can be physically identified. Geomorphological and
geologicalfeatures of such significancethat they evidencea separatjon
between twodistinct natural prolongations,are alsofortiori,oneof the

Conrinenral heîJ(Tunisia/LibyanArabJamahiriya).Judgmeni,I.C.J. Reports1982,p.
60, para.72.
Ibid.p,58. par68. mainrelevant circumstances inanyequitable delimitation. Inthispartic-
ular case,these features constitute a factor of prime importance,the
relevanceof whichis reinforcedby the geographical factçof the case.
B. Geograpby

9.03 The geographicalsetting of the present case was describedin
somedetailinChapter 2, startingwiththe broad contextoftheMediterra-
neanSea andthennarrowingthe focustothe Central Mediterranean and
to Libyaand Malta. In Chapter6, the legalrelevanceofgeography,and
inparticularofcoastal lengthsandconfigurations,was discussed. Before
turningtothesignificanceofthecoastsandof sizeinthis case,however,it

isusefulto returnbrieflytothe broader contextofthe Mediterranean. It
is evidentthat this particular delimitationdoesnot concernan isolated
island situated in a large ocean, such as the Atlantic Ocean with an
expanseof some82 millionsquarekilometresor the PacificOcean (165
millionsquarekilometres)orthe IndianOcean (73 millionsquarekilome-
tres), but concernsan islandinthe muchsmallerMediterraneanSea (2.5
millionsquarekilornetres)surroundedbyother, andmuchlarger, coastal
States'. Nor doesitconcern,asoppositecoasts,twosimilarislandsor two
similarlandmasses, but rather the long,extendedcoast of a continental
landmass oppositesmall islands.

9.04 Not only is the total surface of the Mediterranean relatively
restricted- being in part composedof a numberof smaller seas sur-
roundedby peninsulas onthe north - but alsothe main bodyof open
waterin the Mediterraneanis infact considerablylessthan the figureof
2.5 millionsquare kilometreswouldindicate. The Tyrrhenian,Adriatic

andAegeanSeasareborderedbylandpeninsulas orcomparablepeninsu-
las formedby islands (e.g.CorsicaandSardinia) that havethe effectof
creating oit of the totality of the Mediterraneanseveralseparate seas,
themselvesalmostenclosedby land. In fact, as discussedin Chapter 2,
onlya few openareas of sea exist inthe Mediterranean.

9.05 A second and related characteristic of the Mediterranean,
broughtoutinChapter2,isits long,thinconfiguration,a geographicfact
directly relatedto its geologicorigins. Not only are the continental
landmasses along the north and south of the Mediterranean relatively
closetogether,but much of the sea is dotted with islands.
9.06 Thisrelative lackofdistanceinthe Mediterranean - soevident
@! from anymapofthearea (see, forexample, Map 1 facing page10)-and

the narrowness, complexitya,ndrestrictiveness ofareasofopen seainthe
'ThcreisalsoarnarkocontrasgeornorphologicandgeologicallybctweentheMcditer-
raneanSca and thoselargedccpoccanswhercthe sea-bd structuresand the typical
sequenccofCOntinentslelf,slopc.riscanddccpoccanbedaresovcrydiffercnt. particularly
whcn cornparcwith theartaof the Centl editerranebctwccnMaltaand Libya.154 CONTINENTAL SHELF El361

Mediterraneanconstituteimportant circumstances relevant tothe delimi-
tation inthiscase. The factorsofsizeand narrownessmean that there isa
relatively limitedarea of sea-bed fordelimitation among the many Medi-
terranean States and islands. Necessarily,the States bordering on this

Sea will have to be content with smaller claims to continental shelf here
than if (or where) they bordered on a large ocean such as the Atlantic.

9.07 If States with coasts on the Mediterranean must necessarily
scaledown their claims to continental shelf in recognition that this sea is
crowded by many coastal claimants, a small group of islands such as
Malta must also, according to equitable principles, necessarily expecta
relatively small area of continental shelf. The Mediterranean Sea is

hardly the place for disproportionate clairns. Moreover,this seaffersno
area in which"inequities" might be redressed. A similar point wasmade
in theAnglo-French Arbilraiion, wherethe Court of Arbitration observed
that the narrow watersof the EnglishChannel in the area of the Channel
Islands did not offer the same "scope for redressing inequities"as did the
open waters of the Atlantic Ocean, for example, to the east of St. Pierre
and Miquelon'. As a consequence,factors such as size and proportional-

ity acquire special importance in such a setting.

9.08 Hencethe setting of this delimitation in the Mediterranean must
be considereda relevant circumstance in this case. The position ofMalta
in such a confinedarea points up the inequity of applying equidistance in
the present case.

9.09 Just as the Mediterranean Sea viewedin its entirety has unique

aspectsthat are relevantcircumstancesto be taken intoaccount inachiev-
ing an equitable delimitation in this case, so also the specificarea of the
Central Mediterranean has its particular characteristics. For exampie,it
is the area where four neighbouring States face the greatest expanse of
shallow continental shelf in the Mediterranean. As will be more fully
discussedin Section D below,the interestsof other States in this area will
have to be kept in mind in achieving an equitable delimitation in the

present case.

9.10 In the setting of the Central Mediterranean, it is of interest to
note how Malta in so many ways is linked to the north. East/west
shipping routes cross to the north of Malta. It is here that the greatest
risk of marine pollution lies, and it is along this northern Coast that
pollution damage would be highest. Indeed.the topography of Malta
slopestoward the north, and it ison the northern side of Malta, where its

principal portsare Iocated, that Malta's main security interests also lie.
AngleFrenchArbirraiioDecisionof30 June1977(Cmnd.7438),p.95,paras.200-201.il371 MEMORIAL OF LIBYA 155

These connections to the north are reinforced by the geomorphological
and geological linksof Malta to Sicily, so evident when the sea levelwas
belowits present levelfollowingthe last recentglaciation and the Islands
of Maita were attached by dry land to Sicily'.

9.11 If the focus isnarrowed, itis apparent that the most significant
relevant circumstance of a geographic character in this case is the differ-
ence between the size of Matta and the size of Libya and the fact that
Malta, consideredon the basis of any criterion, is a small group of small

islandswhileLibyaisavas1continentalState. Such a comparison maybe
made fromthe standpoint both of surface areas and, especially,of coastal
lengths2.

9.12 To recall certain facts sei forth in Chapter 2, Maltiscomposed
of four little islands: Malta (246 square kilornetres), Gozo (66 square
kilometres), Comino (2.7 square kilornetres) and Cominotto (less than
one-tenth of a square kilornetre). Thus, the Maltese State exercisesits
sovereignty over a land territory of about 315 square kilometres. By

comparison,the continental landmassof Libya measures some 1,775,500
square kilometres. A comparison betweenthe surface areas of the two
Parties showsthe ratio of 1 :5,636. The pertinenceof this comparisonof
landmasses readilyappears from the statement of the Court in ils 1969
Judgment that the continental shelf ofa State isthe natural prolongation

of its landterritoryg. It wouldseem, therefore, that the size of the land-
mass should have some correlation with the extent and "intensity" of its
natural prolongation into and under the sea.

9.13 The coastal lengths of the States concerned, representing the
opening of their territories toward the sea, have alsobeen singled out by
the Court as a circumstance of particular relevance. In its 1969Judg-
ment, the Court stressed this inthe followingterms:

"...the principle is applied that the land dorninates the sea; it is
consequently necessary toexaminecloselythe geographical config-
uration of the coastlinesof the countries whosecontinental shelves
areto bedelimited ...Sincethe land isthe legalsourceof the power

whicha State may exercise overterritorial extensionstoseaward,it
must firstbeclearly established what features do in fact constitute
such extensions4."

'See paras.3.38 through3.abovc.
TherclationshibctweenthcoastsoithetwoPartiesmaybescenonMap 12followingthis
PNorth SeoConrineritShey, Judgmenr,I.C.J. Reports 1969. p. 22, para.19.
'Ibid.p.51.para.96.156 CONTINENTAL SHELF [l38]

Asnoted in Chapter 6 above,the Court of Arbitration in its 1977 Award
also emphasised the relationship of the coast of a State to the extent of
continental shelf that appertains to that coast by saying:

"A State's continental shelf, beingthe natural prolongation under
the sea of ils territory, must in large rneasure reflectthe configura-
tion of itstoasts'."

9.14 The Court in its 1969Judgment had also drawn certain conse-
quences from this relationship, putting emphasis on "the elernent of a
reasonabledegreeof proportionalitywhicha delimitation eflectedaccord-

ing to equitable principlesought to bring about between the extent of the
continental shelf appertaining to the States concernedand the lengths of
their respective coaçtlines2". When such a comparison is made between
Malta and Libya, the followingsalient facts appear: the entire Maltese
coast,measuredal1around the circumferenceof each individualislandand

irrespectiveof thedirectioninwhichit faces,reachesa lengthof about 190
kilometres; the Libyan coast frorn Ras Ajdir to the Egyptian border is
1,727 kilometres. The ratio between these two lengths is about 1 :9.1.

9.15 Although this ratio is useful in showing the great disparity
between the length of the coasts of the two Parties, it is not otherwise
meaningful. For, as Map 12 would suggest, the wholeof the lengths of
the Maltese and Libyan coasts, used in this ratio, are not relevant to the
delimitation. It is evident that what is relevant is a comparison of the

coasts of Malta and of Libya which are "opposite" in the sense that such
coasts are legally relevant to the delimitation in this case.

9.16 It is not necessaryfor these purposesto describe here in a precise
waywhichcoasts are, in a juridical sense,relevant tothe delimitation and
which must be taken into consideration as such. This will be done in
Chapter 10below. But for the purposeof a broad comparison,a linemay
be constructed betweenthe westernmost point onthe Island of Gozo and

the easternmost pointon the Island of Malta. As thus defined,this lineis
somewhat less than 45 kilometres in length.

9.17 A sirnilar exerciseis more difficultto make on the Libyan coast
becauseof its sheer length in a generally east/west direction. Becauseof
this difficulty,andsincethe purposehere is not to determine which coasts
are, inajuridical sense,relevant,but whichLibyan coast maybe said,just

Anglo-Fmh RrbilrrilioDerision430 June 1977 (Cmnd.7438). p. 60. para.100.
'North Sea ContinentalShelJ Judgmcnt. I.C.J.Reports 1952,ppara98. Inits 1982
Judgmcnt,the Court recalledthatthe tlcmcntoa rcasonabledegrccof proportionality
between thecnttntf the contincnial slfrcasappertainito the coastStatcandthe
lcngthofitscoasimeasurcdinthegcncraldirection otfhecoastlinc'isindccdrbytheed
ContinenialSheiJ (Tunisia/LibyArab JarnahiriyuJudgmcnr.I.C.J. Reports 1982.p.d*.
75, para.103.by lookingat a map, to facegenerallynorthwards,twoexamplesofcoastal
length may be usedfor comparison. The first onewould be the Libyan
coast fronting on the entire Central Mediterranean, between Ras Ajdir
and Ras Amir'. A straight line drawn betweenthese two points is about

1,000kilometreslong. A secondexamplewouldbethe Libyancoast from
Ras Ajdir to Ras Zarrouq. For reasons that will be fully discussed in
Chapter 10,this latter examplewouldappear moresuitable, sinceit is this
stretch ofcoast that frontsonthe area ofthe PelagianSea between thetwo
Parties. A straight line connecting these points would measure roughly

350 kilometres in length.
9.18 Compared tothe Maltese coastal front as determined above,the
Libyancoastal fronts sodefinedshowratios of about 1:22and 19, respec-
tively. Thus, dependingonwhat coastal frontsare chosenfor comparison

between Malta and Libya, the ratios range from 1:22to 1:8. The latter
ratio of 1:8- basedonthe Libyancoast frontingonthe PelagianSea - is
in factquite closeto the ratio between the entire lengths of coast of each
Party of 1:9.1mentioned in paragraph 9.14 above.

9.19 Inorder to placethe relevant circumstance of Malta's sizein the
broader context of the Mediterranean as a whole, cornparisons are set
forth inTables 1and 2 followingthis page comparingthe surfacearea and
coastal lengthof Malta withother Mediterranean islands2. Table Ishows

that the surface area of Malta is relatively closeto that of the Island of
Imroz, but considerably less than that of Ibiza or of Djerba. Table 2,
which takes into account the total lengths of coasts - and, as has been
seen,it is not the entire coastlineof Malta whichisrelevant in this case-
ranks Malta between Rhodes and Corfu.

'Sce Map 12. Thispurelyhypotheticalexarnplcin nowayimpliesthattheentirelcngth of
this coasofLibyaisrelevantto the disputein tcase.
'This listiof islandsinthescTablesdoesnot purportio coveral1iheislandsofthe
Mcditcrrancan,manyof which havenot bccnincludcd,but rathertogive areprcscntativc
listingof thcrn. CONTINENTAL SHELF

Table 1

Comparison of surfaceareasof Meditetraneanislands

(in KmS)

Sicily

Sardinia

Cyprus

Corsica
Crete
Majorca
Rhodes

Minorca 702
Corfu 573
lbiza 572

Djerba 514
Malta 315
Imroz 259
Elba 223
Kerkennahs 155

Pantelleria
Formentera

Ischia
Lipari
Lampedusa
Vulcano
Giglio

Farigna
Stromboli
Marettimo
Capri
Ustica

Galite
Linosa
Alboran
Lampione MEMORlAL OF LIBYA

Table 2

Comparison ofcoastal lengths ofMediterranean islands
(in Km)

Sardinia 1,045

Sicily
Crete
Corsica
Cyprus
Majorca
Rhodes
Malta 190

Corfu 176
Minorca
Ibiza
Kerkennahs
Djerba
Elba

Imroz
Formentera
Pantelleria

Lampedusa
Ischia
Lipari
Farigna
Giglio
Vulcano

Capri
Marettimo
Stromboli
Galite
Uslica
Linosa
l am pi one

Alboran

9.20 To generalisefrom the statistics in Tables 1and 2 above,evenin
the Mediterranean an island havinga surface area of lessthan 350square
kilometresand an overallcoastal lengthof lessthan200 kilometresrnust
be regarded as small indeed. Iiseenthat Malta's measurementsof 315
square kilometres and 190 kilometres, respectively,group it with the

smaller islands whichare preponderant inthe Mediterranean, particularly160 CONTINENTAL SHËLF [1421

when it is noted that the measurements for Malta appearing in Tables 1

and 2are based on the totals for al1the Maltese Islands, and not foreach
island individually.

9.21 The simple comparisonof the statistics set forth in the preceding
paragraphs makesthe obviouspointthat Malta and Libya are, interms of
size,just not comparable. But the effort to find a basis for comparison
becomes more complexwhencertain questionsare posed:howmaya small

islandgroup, withcoasts facingin al1directions,becompared with a large
continental landmasshaving a long coastal front running, broadly speak-
ing,inonedirection? Thisquestionmight be simplifiedif the srnall island
lay closeto the continental landmass. Butthis isnot the case here: Malta

lies approximately 185 nautical miles north of the Libyan shore.

9.22 In Chapter 6, the point was brought out that islands havebeen
accorded no special or privileged status in delimitation. The facts are
what theyare and there can benothought of refashioningnature'. Juris-
prudence hasalready been confronted withthe problems raisedby small

islandsin the context of restricted seas like the Mediterranean. In para-
graph 6.84 above, the treatment of the Channel Islands in the Anglo-
French Arbiiration was mentionedin this regard. The result was a "sec-
ond boundaryn in the middle of the French continental shelf, which the

Court establishedsoasto leave"a zoneof seabedand subsoilextending 12
nautical miles from the baselines of the two Bailiwicks2". In the Tuni-
siallibya case3,the Court, whenconfrontedwith the question ofthe effect
on the delimitation of the Kerkennah Islands, choseto apply the "half-

efïect" technique. It supported this choiceon a number of grounds, and
notedthat "the area of the islandsis some 180square kilometres". As for
the Tunisian Island of Djerba, which as Table 1indicates bas a substan-
tially larger landmassthan the Maltese Islands even whenthey are taken

together, the Court indicated that other considerationsprevailed overthe
effectof its presenceand, accordingly,Djerba had no effect onthe delimi-
tation in the Tunisia/Libya case4.

'JudgeOda,in hisdisscntingopinionin the 1982 Judgment,cmphasisedthis idcain the
followingway:
"Insum, theinqualityofgeographyisa factoftheworld.naturceanbctrclashioncd,
andthe Court hansocornpiencctogutssatorinitiaitany futurepolicyofworldsocial
ta1Shev (TunisialLibyanArabJamahiriya).DisseniingOpinionof JudgeOdaI.C.J.tn-
Reports1982,p.256.para. 159.
Anglo-FrenchArbitrarion.Decisionof 30 l1977(Cmnd. 7438). pp.95-96, para.202.
'ContinentalShelf (TunisialLibyanArabJamahiriya),JudgmeI.C.JReporis1982,pp.
81-89,para.128.
'Ibid.p.64, para.79 9.23 Of particular pertinence is the continental shelf delimitation
agreement of 1971 between Italy and Tunisia1which involvedthe same
general area of the Mediterranean. Although the line of delimitation
between ltaly and Tunisiagenerally followsthe median line,thetreatment

of the Islands of Lampione, Lampedusa, Linosa and Pantelleria isdiffer-
ent. Eachoftheseislandsisgivena 12nautical mile enclave - coinciding
with the territorial s-a and, except forthe tiny Island of Lampione,an
additional band ofcontinenta1shelf of one nautical miIebeyondthe terri-
torial sea limit. This isan instructiveexample, for it showshowminimal

is the shelf area added to the ltalian shelf by virtue of those islands. In
effect,the shelfarea isattached to the large IslandofSicily:the additional
entitlement of those small islandsis either ni1or, in the cases of Pantel-
leria, Lampedusa and Linosa, one mile.

9.24 Thus, the geographic factor of comparative size must be

regarded as a key relevant circumstance of importance in this case. The
proportionality test, which is a test of the equitableness of the result, in
fact depends uponthe cornparisonof the twocoasts. As will be shownin
Chapter 10below,a boundaryfalling withinthe Rift Zonewouldmeetthe
proportionality testin this case.

C. Conduct of the Parties

9.25 The conduct of the Parties, especiallywith respect to their atti-
tudes concerningwhat they regard as the extent of their jurisdiction over
submarine areas and the granting of licencesor concessions forthe explo-

ration of the resourcesof the continental sheif,may constitute, according
to the Court's jurisprudence, relevant circurnstances to be taken into
account inreaching an equitabledelimitation. Inthe Tunisia/L iasy,n
for example, the Court had cause to examine the maritime Iegislation of
each Party, the relevance or irrelevanceof historic fishingrights, and the
practice ofthe parties with respecttotheenactment ofpetroleum licensing

legislationand the grant of petroleum concessions. As to these last two
factors in particular, the Court deemed them "highly relevant to the
determination of the method of delimitation2".

9.26 In the present case,however,sincethe ernergence of the dispute,
itisclear fromthe conduct of the Parties that thereisnospecificline- no

defacto arrangement - between Libyaand Malta which could be usedas
the basis for an equitable delimitation. What their conduct does show
'Atlante dei ConfiniSottomarini.CONÇORTI,andFRANCALANCIG , .(cd.),Dott A.
GiuffrEditoreMilan, 1979,pp.79-83.(Acopyof thespagesisattacheasAnnex 103.)
ThisAgreement didnotcomc in10forceunti1978.
ConiinrnralSheu (Tunisia/LibyArabJamahiriya),JudgrnenrI.C.JReports 1982,p.
83, para117.162 CONTINENTAL SHELF il441

very clearly, however,is the extent of each side'sclairns as against the
other. As such, an examination of their conduct sheds lighton the area
really in dispute between the Parties.

9.27 Turning firstto the maritime legislationenacted by the Parties, it
is apparent that Malta and Libya have had fundarnentally different
approaches toward definingthe outer limits of their respective maritime
jurisdictions. While the tendency was for the authorities in Libya both
beforeand after independenceto definethe limits ofjurisdiction bylateral
boundaries leaving openthe precise northern lirnits of that jurisdiction,
Malta's approach has been otherwise.

9.28 The Maltese Fish Industry Act, 1953,for example, wasapplica-
ble"withinthe territorial watersofMalta" whichwereestablishedat three
nautical milesat the time. In 1971,the breadth of the territorial waters
wasextendedto 6 nautical milesand a fishingzoneand a contiguouszone
were declared extending 12 nautical miles from the baselines. In 1975,
the breadth of the fishing zoneand contiguous zone wasextended to 20

nautical miles;and in 1978after the signature of the Special Agreement,
these zones were extended to 24 and 25 miles, respectively, while the
breadth of the territorial waterswas fixedat 12nautical miles. Thus, like
the concentric wavessent by a pebble thrown in the water, the various
maritime limits of Malta extended further and further seawards.

9.29 Of particular significancewas the Continental Shelf Act, 1966,
passedby the Maltese Houseof Representativeson22July1966. Thisis,
of course, interna1 legislation which, as such, is not binding on third

parties. It is not. however, without juridicalinterest at the international
level,sinceit givesother States a representationof Malta'sclairnsoverthe
continentalshelf. Although the textof this Act maybefoundat Annex 15
of this Mernorial, the first paragraph of its Section 2 is quoted below:
"'[Tlhe continental shelf means the sea bed and subsoil of the

subrnarineareas adjacent to the coast of Malta but outside territo-
rial waters, toa depth of two hundred meters or, beyondthat limit,
towherethedepth of the superjacent waters admitsofthe exploita-
tion of the natural resources of the said areas; so however that
where in relation to states of which the coast is opposite that of
Malta it is necessaryto determine the boundaries of the respective
continental shelves,the boundary of the continental shelf shall be
that determined byagreement between Malta and suchother state

or statesor,in the absenceof agreement, the rnedianline,namelya
line every point of which is equidistant from the nearest points of
the baselines fromwhich the breadth of the territorial waters of
Malta and of such other state or states is measured."I1451 MEMOR~AL OF LIBYA 163

9.30 Itappears that this paragraph deals with twoquestions which,
although cornplementary, are neverthelessseparate. The first concerns
the definition of the continental shelf, and thus the Mattese claim to
juridical title overthe continental shelf;the seconddeafswith the method
tobe usedin caseswherethere isa potential delimitationbetweenMalta's
continental shelf and the continental shelf of one or more States whose

coasls are opposite Malta. Thus, the question of tille antecedes that of
delimitation, and lays the conditions under which the latter may arise.

9.31 The text cited abovesels forth Malta'sdefinitionofthe continen-
tal shelf,andprovidesilsouter limits. Theseare determined accordingto
twocriteria: the 200 rnetre isobathor the depthsof the superjacent waters
that admit exploitation of the resources.

9.32 In light of Maltais 1966 legislation, itis of interest to note the

rnanner in whichMalta granted petroleumconcessions. In 1970,the first
year inwhichMalta ofleredoffshore blocks for bidding't,he lirnits ofthose
blocksweregrouped closein around the island, a5 illustrated on the first .
overlayto Map 13 followingthis page,and almost perfectlycoincided with
the 200 rnetre isobath. Tothe north, the limit ofthe blocksran very close

and parallel to an equidistance line betweenMaIta and Sicily.
9.33 In 1973, Malta's interest in granting concessionsshifted to the
south. As discussedin Chapter 4 above, 16offshore blockswere ofïeredin

that year. These blocksfollowedthe geornorphologyof the area. As the
second overlay to Map 13illustrates, the bordersof BlocksNos. 6, 11and
16correspondwith remarkable fidelityto the edgeofthe Medina Escarp
ment. No blocksweregranted inthe narrowarea that encornpassesBlock
No. I which corresponds almost precisely withthe Medina and Malta

Channels, a deeper geornorphological feature that has been discussed
previouslyand is part of the Rift Zone. AHof the 16blocksofleredsouth
of Malta were not granted, however. Those that were,as Map 13 shows,
were tightly clustered in the Medina Bank area. This fact undoubtedly
reflectsthe practicalities offishoredrilling for oil companieswhosecon-

ception ofexploitability depends on the technical and economicrealities
involved2.
9.34 The second aspect of the text cited above from the 1966 Act

relates to delimitation. Here,it isofgreat interest to notethat, whilethis
Maltese legislation may be seen to have adhered fairly closely to the
crileria set forlinArticle 1of the 1958Convention,the same rnaynot be
saidof Maltaisadherenceto Article 6ofthe 1958Conventiondealingwith
delimitation. For,as noted previously,Section2ofthe 1966Act contains

'Seepara.4.29above.
'Itmayberecalledthathegrant oftheseconcessionsprotesteby Libya. SeAnnexes
47 and 66.164 CONTINENTAL SHELF. il461

a verybasic distortionof the lext of Articl6 (1) of the 1958Convention.
This is the lotai absence of any reference whatsoever to "special
circumstances".

9.35 Under the 1966Act, delimitationbetweenMalta and States with
oppositecoasts iseither 10be by agreement or, "in the absence of agree-
ment, the median line ...".This isto be contrasted with the provisionin
Article 6 (1) of the Convention which States that: "In the absence of

agreement, and unlessanother boundarylineisjustified by special cir-
cumstances,the boundary is the median line ...'".
9.36 Article 6 is one of those articles in the Convention to which,
under Article 12, reservations may be made at the time of signature,

ratification or accession. ButMalta did not choose tomake any reserva-
tion to Article 6 when it notified the Secretary-General of the United
Nations on 19May 1966 (barely two months before the enactment of
Malta's 1966 Continental Shelf Act) that it considered itselfbound, as
from the date of its independence,by the 1958 Convention.

9.37 More important is the way in which the provisionsof the 1966
Act dealing with delimitation fit into the framework of Malta's conduct
throughout the dipiomatic exchanges with Libya and its grants of petro-
Ieumconcessions. As has been pointedout in Chapter 4 dealing with the

background of the dispute, Malta has relied onthe median line. In 1965,
a Maltese Note Verbale mentionedthe "median line" as its proper conti-
nental shelf boundary. Its proposals to Libya in 1972 focused on the
"Median Line". So also did Malta limit the grant of concessionson the
south to the rnedianlinebetweenMalta and Libya,and did notprotest any
Libyan petroleumactivities south of that line.

9.38 Indeed, Malta's reliance on the median line as the basis for
delimitation was emphasised beforethis Court during the oral hearingson
Malta'sapplicationto intervenein the Tunisia/Libyacase, where Counsel
for Malta displayeda map on which wasdrawn a line "with whichMalta

had depicted hercontinental shelf boundary'". That line was a median
linedrawn between Malta and each of Libya, Italy and Tunisia, with the
exceptionof enclaveswhich weredrawn around the smallerItalian islands
of Lampedusa, Lampioneand Linosa. In the light of these actions, and
particularly Malta's own legislation as reflected in its 1966 Act, Malta
appears committed to the median line.

9.39 Insharp contrast, Libya'smaritime legislationleftopenthe ques-
tionof the seaward extent of itsjurisdiction. Although Libyan Law No. 2

ltalics addcd.
*PrestntationoMr. E. LauterpacQ.C. attheOralHcaringsinthe Tunisia/iibcase.
Rquest by Maltato Intervene,Thursday,19March1981,morningsessioLibyarcservcs
version andattachedas Annex104.ismap,a copyof whasbccnrcproduccina reduccd il471 MEMORIALOF LIBYA 165

of 1959 did fix the breadth of Libya's territorial sea at 12 miles, the
Petroleum Law No. 25 of 1955and Petroleum Regulation No. 1 (and

@ Map No. 1attached thereto) fixno seaward limit to Libyan jurisdiction
over the continental shelf.
9.40 The Libyan positionwas defined in a proposal transmitted by
representatives of Libyauring the course of meetings held in 1973 with
@ their Maltese counterparts. This position, illustrated Mnp 9 facing

page 58was, of course, considerablyto the north of an equidistance line,
falling withinthe area of the Rift Zone.
9.41 Libya had,inaddition, issuedprotestsor reservationsagainst the
grants ofMaltese concessionsin 1974 in the Medina Bank area. These
protests wereentirely consistentwith Libya'sviewthat the limit to petro-

leum concessionsdid not constitute boundaries to the continental shelf,
and that the equidistanceethod didnot constitute a rule of international
law to be applieù as between Malta and Libya. Libya thereby made it
quiteclear that itdid notrecogniseany Malteserights overa zone whichit
considered fellunder Libyan jurisdiction.
9.42 Libya'sviewson the medianline,and onthe extent of itsjurisdic-

tion over the continental shelf, werefurther confirmedby actions it took
with regard to drilling activitiesin the disputed. For its part, Libya
exercisedrestraintand respectedthe understanding that had been reached
with Malta at the time of the signing of the Special Agreement that no
drilling wouldtake place in the area in disputetil after the Court had
decidedthe case. Thisdid not prevent Libya, however, fromtaking a firm
stance inrefusingto letdrillingactivitiesproceedinthe Medina Bankarea

when Malta authorised such activities in 1980. It also did not prevent
Libya from refusing toagree to Malta's proposal to establish first a five-
mile, and later a fifteen-mile, zone oneither side of a median line to the
north of whichMalta would bepermitted to drill and to the southof which
Libya wouldbe allowedto do the same. For Malta's proposalwas really
nothingother than another attempt to imposethe median lineon Libya as
the basis for ade facto delimitation. Libya couid only refuse such a
position, asit had on previous occasionswhen Malta had proposed the

median line as the solution to delimitation.
9.43 From this brief resumeof the conduct of the Parties relevant to
the presentcasecertain conclusions maybedrawn. First,nospecificline
of delimitation ode facto arrangement appears from the conduct of the
.. Parties since the ernergence of the dispute. Second. the different

approaches taken by the maritime legislation of Libya and Malta make
clear that Libya left open the northern limits to its continental byelf
virtue of its legislation whereasthe Maltese legislation specifiedthe extent
of what it claimedto be itsmaritimejurisdiction. The concessionsoffered
and granted by Malta pursuant to its legislationtherefore are relevant to[1491 MEMORIALOF L~BYA 167

Superimposedon this map is an overlay showingthe claim of MaIta as
depicted onthemapusedbyMaltaduringthe interventionproceedingsin
the Tunisio/Libya case1.Beginning,first,on the east,there is the Agree-

ment concludedin 1977 betweenItaly and GreeceP, The extent of this
agreementmaybeseenonMap 14. From the geographicac lonfiguration
of the coasts whichthe parties seem to have used in constructingthe
delimitationline,andthefactthatthepartiesusedtheterm "medianline'"
intheiragreement,itappearsthat Italy and Greececonsideredtheir coasts
to be opposite coasts.Asthe mapillustrates,the relevant coastsof Italy
and Greece involvedin the delimitation were of approximately equal
length.

9.47 The particular interest in this Agreement,however, lieselse-
where. Point16,whereItaly and Greeceprovisionallyplaccdthe south-
ernendofthe boundary line (allowing forfuturedelimitationswiththird
States), liesin the IonianAbyssalPlain roughlyat the latitudeof Crete

andveryslightlytothesouthofthelatitudeofMalta. TheIonian Abyssal
Plain isthe majorgeomorphologicaland geologicalfeaturein the Ionian
Sea andislocatedinits approximate centre. It lies between theStatesof
Italy, Greeceand Libya. Toshowthe relationshipbetweenthe geomor-
phologyof the area and the other delimitationsdiscussed here,as wellas
the claimof Malta, the linesofdelimitationof theseagreementsand the
lineclaimedby Malta havealsobeenplaced ona bathymetricmapofthe

area. This mapappearsas Map 15 followingthis page.
9.48 The Italy-Greece Agreement, thereforep ,rovidesfor a roughly
north/south delimitation, runningslightlyeastofthe 18"E meridian,and
endingat point 16. If this line were notionally prolonget,wouldinter-

sectthe Libyancoastinaboutthe middle oftheGulfofSirt. Thisbrings
to lightthe relationshipwhichexists,asappearson Map 14, betweenthe
coastsof Italy, Greeceand Libyain the area of the Ionian Sea.
9.49 As can be seenfromthe overlayto Map 14,Malta'sclaimto a

continentalshelf wentfurther east than the lSO E lineof longitude4. It
wouldtherefore cut offany meaningfuldelimitationbetween Libyaand
Italyinthe Ionian Sea. In effect,a littleislandgroupcomprisinga mere
190 kilometresofcoastline, onlya verysmallportionof whichevenfaces
theIonianSea (approximately 5.4kilornetres),wouldgeneratethe largest
area ofshelfofanypart ofthe Maltesecoastandwoulderase theobvious
relationshipthat exists acrossthis Sea betweenthe coastsof mainland

Italy and of Libya. Such a result is on its fact inequitable.
'Sec para.9.5bclow.
AilantdeiConfiniSortornar.p.cir.,pp89-91.(A wpy ofthcspagesiattacheais
Annex 105.)
'SccPrcarnbland ArticleofthisAgreementinAnnex 105.
InfactMalta'claimsassetfortinils 1972propotoLibyawcntasfareasas 18' 04'
06"E.168 CONTINENTAL SHELF r1501

9.50 A second delimitation of interest in the area is that which
resulted from the 1971 Agreement between Italy and Tunisia'. This
Agreement was based on an application of a modified "median line2":

those States also seemed to regard their coasts as facing coasts. The
agreed-upon line of delimitation gives sorne indication why it may be
consideredthat the medianlineproducesan equitable result betweenltaly
and Tunisia, at Ieast as to that part of the line that falls in the Strait of
Sicily. Apparently,the control pointswhich served forthe construction of

the line are to be found along baselines representing, on thetalian side,
the entire southern coastline of Sicily (approximately 305 kilometres)
and, on the Tunisianside,the Coastfrom Cape Bonto about the latitude of
the Kerkennah Islands (approximately 290 kilometres). Considered as
opposite, those coasts may alsobe seen as broadly equal in length.

9.51 The Italy-Tunisia delimitation rnay be compared with the Italy-
Greece Agreementinthat it atsoappears, froman examinationof Mup 15,
to be related to a major geomorphologicalfeature: the Rift Zone. The
delimitation line runs down the Rift Zone from about the centre of the
Pantelleria Trough to the southern edge of the Linosa Trough (allowing

for the Lampedusa, Lampione andLinosa enclaves).

9.52 As to the treatment of the Islands of Pantelleria, Lampedusa,
Linosa and Lampione, on the Tunisian side of what would otherwise
constitute amedian line,the boundary ofthe three larger islandswasfixed

at 13 miles fromtheir coasts and that of the smallest, Lampione, at 12
miles, thus creating areas of partial enclave in the Tunisian shelf. This
solution clearly reflectsthe fact that these islands are very small. But a
secondconsiderationmay have playeda rotehereas well. During theoral
proceedings on its application to intervene in the Tunisia/Libya case,

Counsel for Malta reported that the Italian position in discussions with
Malta on the Pelagian Islandswas that enclaving them on the Westwas
appropriate since they rest on "the extensionseawards of the Tunisian
landmass"but that, as betweenMalta and the islands,equidistanceshould
governa. Thissuggeststhat the Pelagian Islandsand Pantelleria may have

beenconsideredto beon apart ofthe continental shelf whichisphysically
the natural prolongation of Tunisia, and physicallyseparated from Sicily
by the Rift Zone. In this regard it may be noted that the IBCM places
Lampedusa and Lampione,which unlike Linosa and Panteiieria are not
volcanicin origin, on what is cailed the "Tunisian Plateau".

'Atlanie dei ConJiniSo~tomaop.cir.pp.79-83.(A copyofthesepagesisattachedas
Annex 103.) TheAgreementcntered intoforceon6 December1978. Libyhasalrcady
rcservcdits position as to this Agreement.
'Sec Articleof iheAgrccmcntinAnnex 103.
PrcscntationorME.LauterpachtQ.C. at theOralHcaringsin tTunisia/Libcase.
Requcsiby Maltato Intcrvene,Thursday,19 March 1981,morningsession. 9.53 Thelast delimitationsituation pertinent to this casies,ofcourse,
that contemplatedby the Court's 1982 Judgment in the TunisialLibya
case. Although an agreementbetweenTunisiaand Libya applyingthe
Judgrnent hasnot,at the timeof filingthis Mernorial,beenentered into,
the Courtwas quitespecificastothecoursethelineofdelimitationshould
take'. For purposesof illustration,the Court indicatedthe approachby
whichthe linewas to be establishedon "Map No. 3" to the 1982 Judg-
ment. A copy ofthisrnapmaybefoundin Annex 106 tuthis Mernorial.

9.54 Thiscompletesthedescriptionofexistingdelimitationsitutations
in the Central Mediterranean. There doesexist,however,what Counsel
for Malta describedduring the interventionproceedingsin the Tuni-
sio/Libyacaseas"a kindofde facto continentalshelfboundarf" between
Malta and Italy. This referenceis to the fact that in the area between
Sicilyand Malta, Italyand Maltahaveapparently grantedconcessionsup

towithin500metresofa medianline betweenMalta and Sicily,byvirtue
of an arrangementthat dates back to 197V.
9.55 As mentioned above, the rnatter of delimitations with third
States was taken up by Malta in the interventionprocecdingsin the
Tunisia/Libyacase during which Counsel for Malta displayed a rnap
beforetheCourtforillustrativepurposesa.Theoverlayto Map 14depicts
Malta'sclairnto continentalshelfrights as was shownon the rnap pre-
sentedinCourt. Byexaminingthis map,therelationshipofMalta'sclaim

to other delimitationsin the area standsout clearly.
9.56 It wasstated by Counsclfor Malta duringthe interventionpro-
celines that Malta claimsan equidistancelinewith eachof the States
withwhichit is involvedinadelimitationofthecontinental shelf,withone
exception. Malta wouldproposeto enclavethe Pelagian Islandson the
Maltesesideas well. If theselinesof delimitationas proposed by Malta

are placedon the rnap used beforethe Court, on the east the proposed
equidistancelinewithLibyawouldextendfarintotheIonian Sm. Onthe
west,the Malta claim is seen to run alonga line from the Lampedusa
enclavesoutheast to a point which is quidistant betweenMalta, Libya
and Tunisia. It would also fall well to the Westof the southcrnmost
portionof the Italy-Tunisialineofdelimitation,whichisseento continue
southeastward topoint 32.

9.57 What stands out from an examinationof Malta's position,as
revealedsofar, isthe following. In the east,it involvesa claimto a vast
'TheCourtnotcd,however,thattheextcntof thedelimitationlincktwccn Tunisiaand
.Libyawoulddcpcndondelimitations ultimgrd withthirdStatesontheothcrsideof
the PelagiSa. SeeConlinenru1hew(Tunisia/LibyaArab Jomohiriya).Judgment,
I.C.J. Reports 1982,p.para.130.
'PrcscntatibyMr.E.LauterpachtQ, .C..attheOHarings inthTunisla/Ubycase,
'Aqreproductiof thirnapis attachedAnnr* 104.81morning$&on.170 CONTINENTALSHELF L1S2]

area of shelf, extending far into areas that lie between Libyaand third
States. In the west, itisinconsistent with portionsof the 1971 Italy-
TunisiaAgreement. And, inthe south, it involvesa potentialconflict with

the TunisianILibyan delirnitation which shouldfollowfrom the Court's
1982Judgrnent. These are difficultiesand they al1stem, basically, from
the fact that what Malta seeks is inequitable.

9.58 In contrast, the alternative proposedby Libya, namely abound-
ary within the Rift Zone, encounters none of these difficulties. This is
illustrated by the fact that if the secondsector of the line of delimitation
arrivedat inapplyingthe 1982Judgrnent wereextended northeastwardon
the 52" bearingtowhereil intersectswith the Rift Zone, it would passjust
to the southeast of point 32 of the line of delimitation between ltaly and

Tunisia. On the east, the Libyan proposa1leaves openthe possibility fora
delimitation between Libyaand third States.
9.59 The inequitable result that wouldstem from the Maltese claim,

on both the east and the west,seemsto result prirnarilyfrom two factors:
firsr,the automatic application by Malta ofequidistanceas the method of
delimitationseeminglyignoringthe geographic factthat other States abut
on the same area and the other relevant citcumstances of the area; and,
second, the failure to take into account the vaçt differences in size of
coastal lengths between neighbouring States and Malta. At the same
tirne, Malta appears to beready to take intoaccountthe smallsizeofother

islands,for it wouldnot grant equidistanceto the ltalian Pelagian Islands
but would enclave them instead.
9.60 A final pointremainsto bemade. In the confinesofthe ~ed'iter-

ranean and in particular in the Central Mediterranean. if delimitation by
equidistancewerea panacea,onewouldhaveexpecteddelimitation agree-
ments on the basis of equidistance to have been rapidlycompleted. This
has not beenthe case. Indeed,in neither theTunisia/Li cayeonor with
respect to significant portionsthe Italy/Tunisia agreement has equidis-
tance been applied. And yet, where equidistancein a givencase is per-
ceivedby two States as providingan acceptable solutionand presumably

therefore an equitable one, agreement isa relatively easy process.Where,
however, as in the Mediterranean, the relevant circumstances are not
reflected by equidistance, the achieving of delirnitation agreements
becomesa far morecomplextask, not surprisinglyinsomecasescallingfor
the Court's assistance.

Conclusions

9.61 Four groups of relevant circumstances have been singledout
abovefor particular attention in thiscase. The firstgroup, relating to the
physical factors of geomorphology and geology, was exarninedin thecontext of establishing in this case a separation of the natural prolonga-
tions of the Parties and hence the basis for entitlement to areas of conti-
nental shelfof each Party. Thesefactorswerealsodiscussed,as theywere
in paragraphs 68 and 80 of the 1982 Judgment, in the context of being
relevant circumstances.

9.62 Alongside the physical factors of geomorphologyand geology,
this Chapter has given particular attention to the geographical circum-
stancesofthe case,and indoingsohasattempted to reflectthe viewsof the
Court expressed in paragraph 76 of the 1982 Judgment, which referred

back to ils 1969Judgment. Hence the broader geographical setting of
this case in the Mediterranean Sea, and the narrower geographical focus
within the Central Mediterranean of the comparative size and lengthsof
coasts of Libya and Malta in the context of the distances involved,have
been fully analysed because of their relevanceas circumstances having a
direct bearing on achievingan equitable result.

9.63 The conduct of the Parties has also been examined, and certain
points relevant to reaching an equitable result have been identified.
Finally,the factor of delimitations with other States in the region,arising
as itdoesout of the geographicalcircumstances of the case, has beendealt
with, a factor that isuite evidentlya relevant circumstance of this case.

9.64 The conclusionthat emergesfromthe examination of the various
relevantcircumstancesisclear. They al1either support,orare compatible
with,the viewthat an equitable result would be achievedby a delimitation
withinthe Rift Zoneout to the southern part of the Sicily-Malta Escarp-
ment in the vicinity of the Heron Valley. CHAPTER 10

THE ACHIEVEMENT OF AN EQUITABLERESULT

A. Reflectionof the Physical Factors of Nahiral Prolonga-
tionand the RelevantCircumstances

10.01 As the previous Chapter has shown, a delimitation within the
Rift Zonewouldgivedue weight tothe relevant circumstances and would
therefore be in accordance with equitable principles. In this particular

case, the physicai factors of geomorphologyand geology merit special
weight because these factors indicate a divisionbetween the natura1pro-
longations of Malta and Libya along the Rift Zone. Entitlement to
continental shelf can therefore be determined on the basis of natural
prolongation. However, Libya's casedoes not rest onthis principlealone.

For a boundary within the Rift Zone, reflectingthe fact of natural prolon-
gation, also reflects the other circumstances relevant to'h1scase.

10.02 Foremostamongst theother relevantcircumstancesare thoseof
a geographic character. In particular, the relationship of and contrast
between the two relevant coastsof the Parties are most important geo-
graphic circumstances. As the Court of Arbitration stated in the Angle
French Arbiiration, "[a] State's continental shelf, beingthe natural pro-

longation under the sea of its territory, must in large measure reflect the
configuration of its coasts'.''

10.03 The difficulty herearises,of course, fromthe need to findsome
basis of comparison betweena small island group with coasts facing in
many difierent directions and a continental State with a very large land-
mass and an extensive coast that faces generally northward. However,
whether the entire Libyan coast fromthe Tunisian border tothe Egyptian

border isexamjned and compared with the entire Maltese coast measured
around the Islands;or, more realistically,the Libyan coast frontingon the
Pelagian Sea - that is from Ras Ajdir to Ras Zarrouq - is compared
with the south-facing coasts of the .Maltese Islands, the result is roughly
the same:a ratio ofat least8to 1infavourof Libya. Whilethe elementof
proportionality under these circumstances willbe left to SectionB below,

what can besaid here isthat thissituation isexactly that contemplated by
the Court in its 1969 ~udgment,when it said:

"Equity does not necessarily imply equality. There can never be
any question of completely refashioningnature, and equity does
not require that a State without accessto the seashouldbe allotted

lAngfo-FrenchArbitration,Lkcisiof30June1977(Cmnd.7438). p.60.para.100. an area ofcontinental shelf,anmore ihan rherecouldbe a ques-
tio nfrenering the situationof aState wirhan extensivecoast-
line similar 14thatofa Srare with a restricied coastline'."

10.04 The attempt to use equidistance is preciselyan attempt to
quate thetwocoasts. Infact,thereisnoequalitybetweenthetwocoasts,
or the two landmasses. But a boundary reflectingthe ratio of coastal
lengthsof about 8 to 1 wouldend up withinthe boundaryzonederived
fromthe divisionof the natural prolongationsof each Party in this case,
that is withinthe Rift Zone betweenLibyaand Malta.

10.05 The other relevantcircumstancesof a geographicalcharacter
leadto orare fully consistentwithsucha boundary. The Mediterranean
Sea isborderedbyrnanycontinentalStatesand dottedwithmany islands.
When the claimant is a very small island, it must be fully prepared to
considcrthe rights and claimsof itsmuch larger neighbours. Refash-
ioningofnaturecannotbebasedon the useofsucha methodofdelimita-
tion as quidistance, whichignoresthe relevantcircumstancesincluding
geographyitself.

B. TheTestof Proportionality

10.06 In Chapter 6of this Memorialthe roleof proportionalityas a
fundamental ingredientindeterrniningwhethera resultingdelimitationis
reasonablewasdiscussed. As thisCourt has madeclear, it isthe result
that is important, andthe result mustbefoundto beequitableunderthe
relevantcircurnstancesof thecase. Thus it is that there is no accepted
methodofdelimitationwhoseautomaticapplicationisdeemedtoproduce
an equitable lineof delimitation in every caseg. To the contrary, the
methodissubordinateto the result. And as the resultmustbeequitable
undertherelevantcircumstancesofthecase,oncbasictestofsucha result
is that it notdisproportionatcin light of the relationshipbetweenthe

relevant coasts. It is, therefore, tothe test of proportionalitythat this
discussionnowturns.
10+0? The test of proportionality postulatestwo conditions: selection
oftherelevantcoastsandselectionofthe relevantarea. Thedefinitionof
the "relevant area" for purposes of testing proportionality,however,

shouldnot beconfoundedwith the descriptionof an "area of dispute".
The "relevant area" in the present context is obviouslyan area more
extensivethan any objective"area of disputew,althoughthe formermay
includethe latter. As the Court itself had occasionto note in its 1982
Judgment,itistheareaofsea-beduptothelow-watermarkofeachofthe
North~&&ntincntal ShrlJudgmcni.I.C.J.Repor1969pp.49-50,para.91. [Italics
addd .]
'Sec Chaptcr7 above.174 CONTINENTAS LHELF [156]

Parties that is to be compared for purposes of proportionality'. Quite

obviously,areas lyingwithina Party'sterritorial waters could not realisti-
cally be consideredas constituting "areas of dispute" between them, but
they may still form part of the "relevant area". These two separate
conditions - the selectionof relevantcoasts and relevant area- willbe
taken up separately below.

1. Relevant Coasts

(0) Libya
10.08 In identifying the relevant coasts, appropriate criteria must be
applied in order to determine which parts of the respectivecoasts of the

Parties maybe taken intoaccount. Obviously,neither the whoieMediter-
ranean coast of Libya nor the wholecoast around Malta may be consid-
ered relevant for judging the equitableness of a continental shelf
delimitation between Libyaand Malta; only those parts of their coastal
fronts or facades rnay reasonably be taken into consideration whichface
the maritime area betweenthe Partiesand may,as such, constitute a basis

for generating a natural prolongation into that area. Reference may be
made in thiscontext to the followingpassageinthe 1982Judgment, where
the Court explainedits reasons for selectingthe relevantcoastal fronts for
the purposes of delimitation:

"Nevertheless, for the purpose of shelf delimitation between the
Parties, it is not the wholeof the coast of each Party whichcan be
taken intoaccount;the submarineextensionofany part ofthe coast
of one Party which, because of its geographic situation, cannot
overlap with the extension of the coast of the other, is to be
excludedfrom further considerationbythe Court. It isclear from

the map that there cornesa point on the coast of each of the two
Parties beyondwhichthe coast inquestion nolongerhasa relation-
shipwiththe coastof the other Party relevant forsubrnarinedelim-
itation. The sea-bed areas off the coast beyondthat point cannot
therefore constitute an area of overlap of the extensions of the

territoriesof the two Parties, and are therefore not relevantto the
delirnitation2."

10.09 On the Libyan side, the coastal front which may reasonably be
regarded as relevant forthe delimitationbetweenthe Partiesterminates at
Ras Zarrouq, becauseit is onlythat part of Libya'scoast whichruns from
Ras Ajdir to Ras Zarrouq which faces the maritime area between the
Parties. Beyond Ras Zarrouq the Libyan coast faces maritime areas
whichwillbe relevant fordelimitation vis-à-visother States, but under no

Confinentu/Shey(Tunisiu/LibyanArubJamakiriyo.Judgmcni,I.CJ. Reportf982,p.
76,para104.
'Ibid . ..61-62.para.75.[1571 MEMORIAL OF WBYA 175

circumstances vis-à-visMalta. This length of Libyancoast betweenRas
Ajdir and Ras Zarrouq stretches for a distance of some400 kilometresin
all, or about350 kilometres measured in a straight line'.

10.10 On the Maltese side, the identification of the relevant coast
raises more complex problems. While the north-facing coasts'of Gozo

and of the Island of Malta proper can clearly be eliminated, it remains
debatable to what extent the remaining coastsof both islandsare relevant
for the delimitation vis-à-visLibya. It is clear from Map 16 that those
parts of the Islandof Malta whichfacesouthwardon to the maritime area

between Malta and Libya are certainly relevant. They start from the
mosteasterly pointofthiscoast, DelimaraPoint,and terminate to the West
at the promontory at Ras Il-Qaws, where the coast turns again to the

north. The lengthofthiscoast isabout 21 kilometresalonga straight line.
With respect to the rest of the southwest- and West-facing parts of the
Island of Malta and the coast of Gozo (except perhaps frorn Ras in-
Newhela to Ras il-WardijaonGozo,a distanceof some7.3 kilometres), it

isdifficultto perceivehowthey can be regarded as relevant for the delimi-
tation of the maritime areas vis-à-visLibya. In fact, they have been cited
asthe basis forcontinentalshelfclairnsagainst Tunisiaand Italy byMalta
in its oral pleadings while seeking permissionto intervene in the Tuni-

sio/Libyacase. Thus, Libya sees no sufficiently cogent reasonto regard
those parts of the Island of Malta's and Gozo's coastsas relevant forthe
proportionality test.

10.11 Ifonecompares the total lengthof the relevantcoastal frontson
both sides, measured by straight linesbetweenthe respective westernand
eastern end-points on the Island of Malta and on Gozo indicated above,

the Malta-Gozo coastal frontswould total some28.3 kilornetres (Ras il-
Qaws to Delimara Point and Ras in-Newhela to Ras il-Wardija) com-
pared to Libya'stotal coastal front of350 kilometres (Ras Ajdir to Ras
Zar~ouq). The resultingratio would beapproximately 1:12. Thisratio is

to be contrasted with the ratio of about 1:8that wouldobtain if the same
Libyan coastal front wasto be compared witha singlestraight Iinedrawn
betweenthe westernrnostpoint onGozoand the easternmost point on the
Island of Malta (~elimara Point)'.

'Forcaseofrefcrcncc.theplacenamcsdiscusscdin theseparagraphshavebccnplaccdona
bathymetrichartappearingas Map 16.
Sec,e.gthe discussionat para.above,whcrconlya broadcompariswasbcingmade
betwccnthecoasts.176 CONTINENTAL SHELF I1581

2. RelevantArea'

10.12 In order to apply the test of proportionality, a ratio of some-

where between1:12and 1:8musttherefore be appliedto a "relevant area"
toseehowthe areas of shelfthat wouldattach to each Party applyingsuch
a ratio correlate with the divisioncdareas between the Parties under the
boundary zone which Libya has proposed. In Libya'sview,two criteria
assist in determining what constitutes the relevant area in this case.

These are,jîfirst,that the relevant area must start from the respectiveend-
points of the relevant coasts or coastal frontof both Parties, and second,
that the area should include those maritime areas that may objectivelybe
claimed by each of the Parties on the basis of their coastal fronts.

10.13 The relevant coasts, or rather, their end-points,have been indi-
cated in Section 1 above. On the Libyan Coastthe land frontier with
Tunisia at Ras Ajdir would beonesuch end-point on the west, and Ras
Zarrouq wouldbethe other onthe east. Asfor Malta, ifthe broad coastal
front approach discussed inparagraph 9.16aboveis taken for purposesof

determining the relevant area, the respectiveend-pointswould be Ras il-
Wardija onGozoon the Westand Delimara Point on the Island of Malta
on the east.

10.14 For purposesof establishing a lateral limit to the area on both
the east and West,however, itis not enough simplyto draw one straight
line betweenRas Zarrouq and Delimara Point and another between Ras
Ajdir and Ras il-Wardija. For, on the east, this would have the effectof
overlyrestricting the "relevant area" and thus would not take appropriate
account of the secondcriterion mentionedabove,that is the criterion that

the relevant area should includethose areas of sea-bed that may, reason-
ably, be claimed by each of the Parties2. On the west, a straight line
would appear to be inconsistent withthe method of delimitation deter-
minedbythe Court inthe TunisiajLibyacasebecauseit wouldcrosstothe
Westof the line of delimitation between those States as it appears on the

Court's illustrative"Map No. 3" to that case'.

10.15 It is important to recallthat, in taking in10consideration the

elementof proportionalityasa test ofthe equityof the result, neither"nice
calculations" nor precise mathematical relationships are involved.
'Refcrcncemaybe madeto para.10.07inthis regardinordcrto disiinguishthe "relevant
arca*fromthe "areaof dispute".
For cxarnplc.an arsolimitcdon theastwouldnotincludeal1of theareascoveredby
concessionsgrantedbtheParties.
'ContinentaShey (Tunisia/LibyoArabJamahiriya). JudgmenrI.C.JReports1982,p.
90. [159] MEMORIAL OF LIBYA 177

Rather, an area ispostulated forillustrativepurposes. Asthe Court noted
inits 1982Judgment, what are beingdealt with are not "absolute areas",
but "proportions'". The Court observed:
"Indeed,ifit werenot possibleto basecalculationsof proportional-

ity upon hypothesesof this kind, it is diffitolçeehowany two
States could agree on a bilateral delimitationas being equitable
until al1the other delimitations in the area had been effected2."

10.16 With this caveat in mind, lateral limits to the relevant area can
be postulated as follows: onthe east, it has been shown that the Sicily-
Malta Escarpment formsthe limitofthe Ragusa-MaIta Plateau and, thus,
ofthe natural prolongation east of Malta. A line drawn from Delimara
Point on the Island ofMalta due east to its intersection with the SiciIy-

Malta Escarpment could therefore reasonably formthe northern bound-
ary of the relevant area. This Escarpment continues to the south to the
vicinityf the Heron Valley(alçovisibleonMap 16), wherethe Rift Zone
joins fromthe West. Fromthispoint,the eastern boundaryofthe Pelagian
Blockfollowssouth along the Medina Escarpment and the Medina-Mis-
ratah Fault Zone. Itisreasonable,therefore,todraw a line fromthe point

ofintersectionwiththe Sicily-Malta Escarpment mentionedabove,south-
ward along that Escarpment to the Heron Valley. From the Heron Val-
ley, a line could be drawn south along the Medina Escarpment and the
Medina-Malta Fault Zone to Ras Zarrouq onthe LibyanCoastand bythis
line complete the eastern limits to the relevant area.

10.17 On the Westit içpossible tostart with a boundary drawn from
Ras Ajdir alongthe line indicatedbythe Court'sillustrative "Map No. 3"
included in the 1982 Judgment. It may be seen from Map 16 that the
western limitto the relevant area could beornpleted,again for purposes

of illustration only,byconstructing a line fromRas Ajdir, taking account
of the Court's 1982 Judgment, to the western end-pointon the Island of
Gozo, that is Ras il-Wardija.

10.18 It remains to examine whether a boundarythat falls within the
Rift Zone would meet the test of proportionality in the light of the ratios

between the lengths of the coasts of the Parties discussed above. For
purposes of illustration, the general extent of the Rift Zone has been
@ superimposedon a bathymetric map (Map 17 followingpage 160) which
includes the relevant area as defined above. As the overlay to Map 17
demonstrates, it is evident that a boundary within the Rift Zone would
leaveto eachofthe Parties areas of shelfwithinthe relevantareathat bear

a ratio to each other of between 1:8and about 1:12. The precise ratio
'Sec ContineniaShcv (Tunisia/LibyaAmb JarnahiriyuJudgment.I.C.3. Reports
1982.pp.93-94.paras101(C)(2) and(3) [dispositijj.
'lbid.. 91, para. 130.178 CONTINENTAL SHELF [Ibo]

woulddepend,ofcourse,onwherethe lineisdrawn, a taskfortheParties
to undertake in accordancewith the Court'sdecisionin implementing
ArticleIII oftheSpecial Agreementto"enter into negotiationsfordeter-
miningthe areaoftheir respectivecontinentalshelves." Accordingly,the
result that wouldbe achievedby a lineof delimitationwithin the Rift
Zone,as definedabove,clearlymeetsthe test ofproportionality.

This Mernorialhas soughttomarshal factsand formulateissueswithan
economythat is intendedto providea focusfor the Court's deliberations
within the framework envisaged by the Special Agreement-without

engaging in an excessof anticipatory rebuttalof unpredictable conten-
tions-while at thesametimestressingthepreponderant considerationo sf
fact andlawthat, intheviewofLibya,leadtoandjustifyitsSubmissions.
Libya reservesthe right to supplementtheseconsiderationsand its Sub-
missionsin the lightof Malta'spleadingsand the future developmentof
the issues betweenthe Partiesduring the courseof the proceedings.SUBMISSIONS SUBMISSIONS
In view of the facts and argumentsset forth in the precedingparts of
this Memorial;

Consideringthat the Special Agreementbetweenthe Parties requests
the Court to decide "what principlesand rules of internationallaw are
applicableto the delimitationof the area of the continentalshelf which
appertains to the Republicof Malta and the area of continental shelf
wbichappertainsto the LibyanArab Republic,and howin practicesuch
principlesand rulescan be appliedby the two Parties in this particular
case in order that they may withoutdifficultydelimit such areas by an
agreement"in accordancewith the Judgmentof the Court:

May ii please the Court,rejectingal1contraryclaimsandsubmissions,
Toadjudge anddeclareas follows:
1. The delimitationis to be effectedby agreement in accord-
ance with equitableprinciplesand taking accountof al1relevant
circumstances inorder to achievean equitableresult.

2. Thenatural prolongationoftherespectiveland territoriesof
thePartiesintoand undertheseaisthebasisoftitletotheareasof
continentalshelf whichappertain to each of them.
3. Thedelimitationshould be accomplishedinsucha wayasto
leave as much as possibleto each Party al1areas of continental

shelfthat constitutethe natural prolongationof its land territory
intoand underthe sea, withoutencroachmenton the natural pro-
longationof the other.
4. A criterion for delimitationofcontinentalshelfareas inthe
presentcasecanbe derivedfromtheprincipleofnatural prolonga-
tion becausethereexistsa fundamentaldiscontinuityinthesea-bed
and subsoil whichdividesthe areas of continentalshelf into two
distinctnaturalprolongationsextendingfromthelandterritoriesof
the respectiveParties.

5. Equitableprinciplesdonotrequirethat a State possessinga
restricted coastlinebe treated as if it possessedan extensive
coastline.
6. In the particular geographicalsituation of this case, the
applicationof equitable principlesrequires that the delimitation
shouldtake accountof the significantdifferencein lengthsof the
respective coastlines wbicfhacethe area inwhichthe delimitation

is to be effected.
7. Thedelimitationinthis caseshould reflecttheelementofa
reasonable degreeof proportionalitywhicha delimitationcarried CONTINENTAL SHELF i1641

out in accordance with equitable principles ought to bring about
between the extent of the continental shelf areas appertaining to
the respectiveStates and the lengths of the relevant parts of their
coasts, account being taken of any other delimitations between
States in the same region.

8. Application of the quidistance method is not obligatory,
and its application in the particular circumstances of this case
wouid not lead to an equitable result.
9. The principlesand rules of international lawcan in practice

be appliedbythe Parties sasto achievean equitable result,taking
account of the physical factors and a11the other relevant circum-
stancesof thiscase,by agreement on a delimitation within, and
followingthe general direction of, the Rift Zone as definedin this
Mernorial.

(Signed)
ABDELRAZEG Et-MURTAD SIULEIMAN
Agent of the Socialist People's
Libyan Arab Jamahiriya TECHNICAL ANNEX TO THE MEMORIAL
OF THE LIBYAN ARAB JAMAHIRlYA

THE GEOMORPHOLOGICAL AND GEOLOGICAL
SEïTING
(ScientifFacts)

The scientific portionsof the Memorialhave been prepared with the
assistanceof independentscientificand technical expertswithfic
knowledgeof the Central Mediterranean and NorthAfrica within their
fieldsofspecialisation.ewhohaveprepared orcontributedtospecific
papersinthis TechnicAnnex are listebelow:
- ProfessorFrank H. Fabricius,Professorof Geology,Directorof
the.MarineGeologicalandSedimentologicalDivisionat the Insti-
tute of Geologyand Mineralogy,Technical University,Munich,
Germany. [Member,Editorial Board,InternationalBathymetric
Chart of the MediterraneanSea.]
-
Professor IcilioR. Finetti, Institute of Geodesyand Geophysics,
University ofTrieste, Italy.
- Professor J.E. van Hinte, Free University, Amsterdam, The
Netherlands.
- Dr.D.Jongsma, FreeUniversity,Amsterdam,The Netherlands.

- Dr. J.M.Woodside,LyngbyGeophysical Servics, Lyngby Ave-
nue, Dartmouth,Nova Scotia,Canada.
The papers contained in tTechnicalAnnex identifythe source of
thesepapersor summaries andineach casehavebeenapprovedby their
sources.

The Sea-Bed Mode1providedto the Court has been prepabydthe
Lamont-DohertyGeologicalObservatoryby Thérèse Landry anMary
Ann Luckmanunder the supervisionof DrW.B.F R.yan.
The maps appearingin the maindy of the Memorial have bepre-
pared by the Departmentof CartographicServicestheUniversityof
Maryland Baltimore Countyunder the directionof ScB.tEdmonds,
Directorof CartographicServices. PART 1

GEOMORPHOLOCY O THE SEA-BED AREA BETWEEN
LIBYAAND MALTA

Professor Frank Fabricius

1. SourceofData: The International BathymetricChart of the Mediter-
ranean ("IBCM") '
A. Introduction

The IBCM has been preparedby an Intergovernmental Oceanographic
Commission madeup of an international group of experts whose names
appear on the Chart. It became publiclyavailable during 1982. The
lBCM is sometimes referred to also as the "UNESCO Mediterranean
Chart" since the project was undertaken under the aegis UNESCO.

Certain brief comments regarding the background,objectivesand techni-
cal details of the IBCM are set forth belowbased on the persona1knowi-
edgeof the author ofthesecommentsas a memberof the group of experts
and of the Board ofEditors of theIBCM.

B. Background
The need fora modernchart of the sea bottom features of the Mediter-
ranean became increasingly notedby the scientificcommunityuring the

1960sand 1970s. The then existentcharts were basedon nautical charts
prepared by the various national hydrographicoffices. There was lack of
uniformityand precision. Their scalewas notadequate to meet the needs
of science.

A step in the directionof an improvedrt of the Mediterranean came
with the "Pfannenstiel Charts" constructed and edited principallG.by
Giermann in the late 1950sand early 1960sunder the supervisionof the
late Professor Max Pfannenstiel. The Mediterranean bathymetric chart
prepared bythe United States DefenseMappingAgencyappeared shortly
thereafter. An important breakthrough wasmade withthe publication in
the 1970sby Moreliiand a group of Italian geophysicistsat Triesofa

new bathymetric chart (scale 1:750,000) based mainly on continuous
soundingtracks. Although the coveragewas farfrom homogeneous, high
precisionwasachieved onthischart inareas near the ttalian mainland and
in the Western Mediterranean.

in the early 1970s Professor H. Closs, a geophysicist at Hannover
(Federa1Republic of Germany) and at the time President of the Marine
Geologicaland Geophysical Commission ofthe International Commission
@ :Shee8 ofthIBCM, coveringtheareaofthe Central Mediten.sbcenreproduced
in somcwhatrcduccdformandmaybe foundin thepket sectionof VolumeIII. Italso
appcarasMap 2 inthe Mernorialfap.16ina moresubstantiallyrcduccd version. [1*2] TECHNICAL ANNEX TO THE MEMORIAL OF LlBYA 185

for the Scientific Explorationof the Mediterranean Sea, initiated prepara-
tion of a new bathymetric chart of the Mediterranean. This was to be
carried out under the frameworkof tCIM (CoopérationInternationale
Méditerranéenne)and under the auspices ofUNESCO.

Scientific responsibility forthe project was given to an international
group of experts (listed on IBCM) from France, Germany, Greece,
Italy, Turkey, the United Kingdom and the Soviet Union. Final editing
and printing was placednder the coordination of Dr. Faleev of Lenin-
grad, who wasassisted by an international Board of Editors.

C. Technical Aspectsofthe IBCM

It was the intention from the outset that this new bathymetric chart
should be basedon the mostugto-date informationincluding (for the first
tirne) the surrounding landmass at the same scal(1:!,000,000) and

projection (Mercator). It was decided to restrict information coming
frornofficialnational nautical charts tothe shelfarea (in this case limited
by the 200-metre isobath). Information covering deeperreas was to
corne from high precision echo sounding(mainly continuous tracks)
including reflection seismicprofiles. Positioning had to be by satellite.
LORAN-C, or someother method of comparable accuracy.

The original data were provided by a large number of international
organisations, institutions and scientists (see legend on the IBCM) and
consisted of original echograms and digitized cornputer information.
Most of the data came from scientificcruises. The raw data were cor-
rected usingthe Matthews Tables.

0, The IBCM consistsof 10 sheets on Mercator projection at a scale of
1:1,000,000at 3S0N. It was preparedfrom 91 sheets (scale 1:250,000)
constructed from track sheets and plotting sheets both at the same scale.
Theseoriginal sheetsare nowarchived at the International Hydrographic
Bureau, Monaco,and can be obtained on request.

D. Nomenclature

Names given to sea-bed features were based onthGEBCO Scheme
(General BathyrnetricChart of the Oceans), also a UNESCO activity.

In waters subject to exclusive national jurisdiction, used by the
authorities or scientists of that State were chosen. In other areas, the
most widelyaccepted names found in scientific publicationswere sought
foruse. 186 CONTINENTAL SHELF LI-31

2. Graphic Representation of the Sem-Bed Area1

A. Introduction

A geomorphologicalanalysis has been made of the features of the sea-
bed of the Central Mediterranean Sea up to lineoflongitude 17"E based
onthe IBCM, andinparticular Sheet No. 8 (found inthe pocket sectioof
VolumeIII). A slope rnap (the "Slope Map") has been constructed on

the basis of thismap data to portray the forrn of the sea-bed and the
characteristics of its features in a manner moreunderstandable to persons
not expert in reading bathyrnetric charts. The names of features have
been taken l'romthe IBCM. The Slope Map will be discussed in detail
below. (A verymuch reduced copyof the SlopeMap appears as Figure 1
opposite page 30 of the Memorial. A somewhat reduced copy may be

found in the pocket sectionof Volume III).
B. Slope Map

The Slope Map is a graphical "translation" of the data of the sea floor
inclination foundon the IBCM, Sheet No. 8. Itsaim isto illustrate by

graphic means:
(a) the relief of the sea floorP,its flatness, gradua1 inclination and

steepness (e.g.,escarpments); and
(b) the directionofinclination,that isthe direction perpendicularto

the isobaths of the IBCM.
The scale of the originally-prepared Slope Map was identical to the

@ scale of the appropriate area on the IBCM, Sheet No. 8. Although the
copy in the pocket section of VolumeIII has necessarily been reduced,
nevertheless onecan relate al1topographic names and morphologicalfea-
tures on the IBCM to the particular patterns of the Slope Map.

The legendon the Slope Map and the followingparagraphs explain the
manner in which the relief and direction of inclination of slopes is indi-
cated. The inclinationof slope wascomputedseparately for each area of
the IBCM Sheet No. 8,wherethe distancesbetween adjacentisobaths (=

value of local slope) was within the chosen scale.
For a better understanding, the value of inclination was notgiven in

angular degrees (O), minutes (') and seconds(") but indistance (metre)
per 1metre of waterdepth (e.g.1:1Omeans:the sea fioordrops 1metre at
an interval of 10 metres.)

'Thc sea-bedarca covcrgtaphically,adiscussbclow.anddcscribedverballyi3.
below.includcsportionsof thefioocxttndingbeyondthePclagianScaas such.
'The areaneartheTunisiacoast(Le.,ofDjerba,the GulfGabcsand theKcrkennah
Islandup to theGulfof Hammamet)was onlyschematiscd. [I-41 TECHN~CAL ANNEX TO THE MEMORIAL OF L~BYA 187

Seven steps of sea floor inclination were selected:
Rangein
distanceper (Range:quivalent in
1meiredescent dtgreesetc)

(approximately)
(45" to about 11")
(11"-5")

(5"-2O51')
(2' 51'-l025')
(1 25'-0°42')
(Oo42'-0°21.5')

(less than 0°21.5')

White areas of sea-bed withoutany pattern indicate areas not covered;
land areas are indicated as shown on the legend.

Separated basins (e.g.the limited abyssal plainsofthe Malta, Pantelle-
ria and Linosa Troughs and others) are contoured bythe relative pattern
of the surrounding sea floorenclosingthe basin. Shoals, banks, seahills
and other elevations are rnarked by "H"'.

3. WordDescriptionof theSea-BedArea

Tosupplementthe graphic representation of this area of sea-bed by the
Slope Map, a brief verbal description follows. It may be followedby

@ consulting the Slope Map and the IBCM.

A. Iniroduction

Viewedin a geomorphologicalsense (and not as coextensivewith the
geologicalentity knownas the African Plate), the Pelagian Blockextends
onthe east to the lineof escarpmentsand fault zone defined, from northto
south, by the Sicily-Malta Escarpment, the Medina Escarpment, and the
Medina-Misratah Fault Zone. The northern limits of the Block are

definedin the Libyan Mernorialas created bythe Rift Zone running from
the Strait of Tunis, acrossthe Pantelleria,inosaand Malta Troughs and
the Malta and Medina Channelsto the Heron Valleyfrom wherethe Rift
Zone linksup in the IonianSea with the Medina (Malta) Ridge. Other
definitionsadopted by some scientists placethe northern boundary of the

Pelagian Blockalong the African plate boundary runningacrossSicilyor
make the Blockcoextensivewith the Pelagian Sea extending as far north
as the Sicilian coastline. The choiceofdefinition maydependon whether
onewishesto emphasisethe geornorphologicalor the geologicalaspectsof

this feature. However,it is not necessaryto engagein any controversyas

somccasestowindicate thedecpcst part af a submarinc vallcy.trough or depression.188 CONTINENTASL HELF 11-51

todefinition here for,fromboth a geomotphologicaland ageological point
ofview,the Rift Zone isof great importance whetheror not onechoosesto
Sayit constitutes the northern limits of the Pelagian Block.

Compared to other areas of the Mediterranean, the sea-bed of the
Pelagian Sea is considerably shallowerthan the levelof the surrounding

basins. Asa rough estirnate, almost half of the area of the Pelagian sea-
bed liesat a water depth of lessthan 200 metres'. The remainder ofthis
sea-bed conçistslargely of an alrnost flat and smooth seafloor, still only
slightly inclined to the eas- the easterly component of inclination is
about 1:400- with water depths generaljy above600 metres. It is only
whenthe Rift Zone is reached that areas are found where thewater depth
exceeds the 1,000 metre isobath.

The block-likecharacter of the sea-bed underlyingthe Pelagian Sea is
especially emphasisedby the steep escarpments to the east, forming a

natural border to the Ionian Basin and the Sirt Basin (or Rise). which
contain abyssal plains almost 4,200 metres in depth.

Through the strait between Cape Bon (Tunisia) and Marsala (Sic-
ily/Italy), the Pelagian Sea is connected to the southern part of the
Tyrrhenian Sea with its basinal depth of below 3,000 metres.

In the descriptionthat follows,the sea-bed willbedividedinto a South-
ern Unit and a Northern Unit, the dividingline between Units being the
Rift Zone, whichwillbe the third area described. The Rift Zone formed
by the Troughs and Channels mentioned above, from its western end
betweenthe Adventure Bankand Cape Bon al1the waytothe eastern edge

of the Pelagian Block at the Heron Valley,is tectonically a major Rift
Zone. The Troughs and Channels are structural grabens; the heights,
shoalsand bankswithin the Zoneare eitherstructural horslsor volcanoes.

This Rift Zone is often called the "Strait of Sicily" although it is not
technically a "strait" in an oceanographic sense. The narrow passage
between Cape Bon and Marsala (Sicily) is often called the "Strait of
Tunis".

B. The Southern Unit

It will be recalled that during the oral hearingç of the Tunisia/Libya
case 1 had the honour of testifying beforethe Court as an expert and,
among other things, describing the bottom of the sea off the part of
the Libyan and Tunisian Coastin question of interest to the Courtinthat

case - that is, roughlyto the Westofthe 13"Eline oflongitude. At that
tirne,withthe use of slopeand blockdiagrams, 1testifiedthat the sea-bed

'In thiarcaofshallowsca-bedthecasterinclinationis on1:1.00to1:2,OGû. II-61 TECHNICAL ANNEX TO THE MEMORIAL OF LIBYA 189

in this area was verygentle indeed and devoidof significantgeomorpho-
logicalfeatures. 1evensuggestedthat the sea-bottomhere was aboutlike
the topography between Amsterdam and The Hague.

The case nowbefore the Court involvesshelf areas to the east of 13"E
longitudeand, accordingly, 1havemade studies of this sea-bed further to
the east. What followsis a rather detailed geomorphologicaldescription

of this area.
If the shelf area north of the Libyan coast at approximately 14" E0'
longitude (or roughly due south of the Maltese Islands) is selected, what
woulda journey acrossthis sea-bed reveal? The total distance from this

pointonthe Libyancoastto a point onthe Melita Bankdefinedbythe 200-
metre isobath is 109nautical miles. The maximum depth reached across
this line would beabout610 meters. A general descriptionof thejourney
would be this.

From the Libyan coast to the 100 metre isobath, a distance of 9.7
nautical miles,the sea bottom slopesdown in a northerly direction at an
inclinationofonly I:179(O010'). Tothe 200metre isobath,a distanceof
another 8.3 nautical miles along the sea bottom, the inclination is only
slightly greater(mean value 193 or 0'41'). A very gentle undulation

running parallel to the coast is crossed during this part of the journey.
Further north foranother 8.8 nautical milesuntil the 400 metre isobath is
reached, the slope showsan inclination ofonly1:82(0°42'). From here
to the600metre isobath (now a distanceof about 37.8nautical milesfrom
the Libyancoasi) the slopeisinclinedat a value o1:95 (0°36'). At this
water depth is found the bottom of the depression, the "Gabes-Tripoli-
Misratah Depression" (which the Court called the "Tripolitanian Fur-

row"inthe 1982Judgment). Looking backtowards the Libyancoast,the
meanvalueofslope inclinationisnot morethan 1:144(or 0°30'), whichis
but half of a degree. This degree of inclination is virtually invisible.
The bottom of this depression,the "Gabes-Tripoli-Misratah Depres-

sion",isa smooth and slightlyundulating plain, showing widelyseparated
lowsand highs reaching perhaps some 30metres aboveor belowthe 600
metre isobath. The "thalweg" of the so-called"Tripolitanian Valleyn(the
feature narned on the IBCM) should be crossedat a distance of about 51
nautical milesfromthe coast ofLibya, but is soRatthat it probably could
not be detected by the eye. Thus,it existsrnerelyas a featureon the

Chart.
Continuing from here northwardfor about 24nautical miles alonga flat
sea floorwith less relief than before, a distance of 74 nautical miles from

the Libyancoast isreached. Thisisthe deepest pointonthejourney along
the lineof 14"30fElongitude between Libyaand the Melita Bank. From
here, the sloperisesverygradually up the Melita bank. Betweenthe 600 190 CONTINENTAL SHELF 11-71

and the 400 metre isobaths, the mean inclination of the sea flooris only
1:97 (0°35'), that is slightly morethan half a degree. From here to the
200metre isobath which definesthe Melita Bank (at the crossing pointof
the meridian 14"301),the inclination is only 1:208 (O017'), or less than
113 of a degree.

A secondexamination of the sea-bed hasbeen made further tothe east.
Taking the same south-to-north journey fromthe Libyan coast-but this
time along the line of 15OElongitude (approximately 10kilometresWest

of Misratah)-the followingdescribes the Aoorof the sea.
At the outset, the sea floor slopes down rather uniformly. The 200
metre isobathisreached at a distance from the coast of 7.5nautical miles,

which isequivalent to a mean gradient of 1:69,or less than one degree.
Further on, the slopecontinues,still dippingvery gently-virtually invisi-
bly-in a north to northeast direction. On thisjourney northward along
the line of 1S0E longitude the 400 metre and 600 metre isobaths are
reached at distances from the Libyan coast of 15.1nautical milesand 30
nautical miles respectively. In the directionof due north, the dope gradi-
ent decreases from 1:71 to 1:138, respectively.

At a distance from the coast of about 36 nautical miles, the first
"thalweg" of a gentle depression is reached. Fromhere on, the journey
continues along the very wideand extended floorof the "Gabes-Tripoli-

Misratah Depressionw.
The total mean gradient from the Libyan coast to the first "thalwegwof
this depressionisonly 138 (0°39'), which is slightly morethan half of a

degree. Concerning the sea floor morphologyof this slope, the seismic
profilesand echographs do not show any relief of importance. At this
point, the bottom of the "Gabes-Tripoli-Misratah Depression" isabout 32
nautical milesacross (measured from south to north) with a verysmooth
surface and very low relief.

At a distance from the Libyancoastof about 69 nautical miles,a gentle
@ depression,calledon the IBCM the "Misurata Valley",is crossed. From
here on to the north, the sea floorises gently with some very wide and
shallowundulations. At a distance from the Libyan coast of about 100
nautical miles,the sloperises at a mean gradient of :160 (about 1/3 O).
From here on the journey continues on the shoals of the MelitaiMedina

Banks. Until the southwestcornerof the 200-metre linewhichdefinesthe
Medina Bank,the gradient of the sea floor is only 1:241,equivalent to
O" 14'.

Tocomplete the picture of the sea-bed of the Southern Unit, one more
descriptive journey seems necessary. This wou1dbe a journey along the
sea bottom from the point of intersectionof the line of longitude of Ras 11-81 TECHNICALANNEX TO THE MEMORIAL OF L~BYA 191

Tajura (13" 23'E) and the parallel of 33" 30'N latitude. This time the

descriptive journey is fromWestto east ending at the Medina-Misratah
Fault Zone, 90 nautical miles to the east.

From the starting point of this west-easturney for about 17 nautical
mileseastward to the "thalwegnof the "Tripolitanian Valley" (as named
@ by the IBCM) the gradient is 1:180 (or 0"19'06"). Proceedingdue east,
this "Valley" is crossed obliquely;therefore the maximum "steepness"of
the flanksof this "Valleyn, measuredperpendicularly to the direction of
the "thalwegn (northwest/ southeast) is about 153 (0°54'34").

From here eastward, a very gentle elevation (on the northern flanof
the "thalweg") is encountered. The distance from the "thalweg" of the
"Tripolitanian Valley"to thiselevationisabout 1 nautical miles. There-
after, foadistanceof40 nautical milesonthe waytothe northern flankof

the "Tripotitanian Valley" the gentle decline of the slope to the eais
along a smooth sea-bed. The mean gradient of this part of the route
measures only1:370(0°09'18"). Foltowingon to the east,the 800 metre
isobathisencountered after another 17nautical miles. This is equivalent
to a gradient, slightly steeper than before, of not more than 1:157
(0°21'54"). This increase of gradient is caused by the Medina-Mis-

uratah Fault Zone whichcrosses here perpendicularly. From this point
(800 metres) to the 1,000metre isobath the distanceis 24 nautical miles.
On this part of thejourney there isrst a descent and then a riseup to an
elevation of again 800 metres, situated about half way between the first
800metre isobathand the 1,000metre isobath. The slopefrom this"half-
wayelevation"to the 1,000rnetre line(12nautical miles) measures1:110
(0'3 1'15"). It is in this section at roughly the line of longitude of Mis-

ratah that theSirt Risearea of the lonian Sea has been entered. The sea
fioorbecomesmore irregular and takes on quite differentgeomorphologi-
cal characteristics.

The total length of the "Gabes-Tripoli-Misratah Depression" between
the coast at Zarzis (Gulf ofGabes) and the above-mentionedintersection
of the 33O3OfNparallel withthe 800metre isobath (north ofMisratah) is
about 206 naulical miles. This is equivalentto a mean inclinationof only
1:477or about O"?'I3", a virtually invisible slope.

As can be seen from the Slope Map and the foregoingdescription, the
area off the Libyan coast of the Southern Unit is vast and featureless,
showing onlya very gentle sinking of the sea Boorand forming a wide
depression, the "Gabes-Tripoli-Misratah Depression". Itembraces the

northern coastal plain of Libya (the Jeffara Plain) and part of Tunisia.
(The Libyan Mernorialrefers to this area as being part of the Pelagian
Block.) Towardsthe east this depressionwidensconsiderablyto where it
reaches a width of 270 kilometres measured fromnorth to south. Its 192 ComïTINENtALsHELF 11-91

easterly extension can be traced as far as the Sirt Rise. Between the
meridians 15" and 16"E this "depression" is intersected by the Medina-
Misratah Fault System, as has been discussedabove.

Within the vocabulary of sea bottom features, it is difficultto find the
appropriate terrn forthisdepression betweenGabesand Misratah. In the
west,wherethis depressionisfilledby a thick pileof sedimentsgivingonly
little room for sea water, it could be called geologically a "basin" and
geomorphologically only a "depression". As it continues to the east
between longitude13"Eand 15"E, its elongated form suggeststhe appro-

priateness of "valley"or "trough", and yet its size and gentle contours
seemto reject the appropriatenessof terms suchas "valley"or "trough"or
"furrow" or"sillon" and to leave "depression"as the most accurate geo-
morphological description. In geological terms, "basin" is certainly
appropriate.

@ On the IBCM, two features are shown merging into this depression
from the west:the "Tripolitanian Valley"and the "Misurata Valley"(the
latter beinga continuation of the "Jarrafa Trough"). On the Slope Map
these two "valleys"arehard to find. This is becauseof the flatnessof the
flanks of these "valleys". In addition, there are other "kinks" in the
isobaths in thisregion, some of equal (though minor) importance with
these two "valleys" shownon the IBCM. Such negligiblefeatures would

neverpass for"valleys" on the land. Nor wouldthey be discerned if one
were to cross the seaflooron foot.
Ifonecompares these"valleys" withthe Malta Channel andthe Medina
Channelonthe Slope Map, for exarnple,the latter are seento havesteeper
slopes at their flanks than the two "valleys".This is particularly true

north ofthe Medina Bank wherethe flankof the Medina Channel isquite
steep ( 1:10-20and in placeseven 1:5-10). The flank of the slope facing
southwest from Gozowhichdropsoffinto the Malta Trough-Malta Chan-
nel is similarly quite steep (1:lO-20 up to 15). In contrast, the slope
inclinations ofthe "Tripolitanian Valley"generaliy 1:80-160or less,onty
rarely 1:40-80)and the "Misurata Valley"(similar) are far moregradual.

The Jarrafa Trough,situated at the northof thisdepression,isa shallow
depressionabout 60 kilometreslong and 15kilometres wide. Evenat its
point of maximum depth of 447 metres it is only some 100metres below
the surrounding sea floor. Hence, this feature is of no morphalogical
importance either.

North of this area of depression comprisingthe Jeffara Plain of Libya
and the area ofcontinentalshelf tothe north ofthe Libyanast,isan area
which, geologically,is a structuraligh" and, geomorphologically,com-
prises two groupsof banks known as the Melita Banks and the Medina
Bank (still part of the Southern Unit).The Medina Bank (shallowest [I-lo] TECHNICAL ANNEX TO THE MEMORIAL OF LlBYA 193

point146metres) and the Melita Banks (shallowest points86metres) are
two extended shallowreas, separated from each other by a channel that
does not exceedthe 400metre isobath (unnamed on the IBCM). These
@ banks are defined by the lBCM and most bathymetric charts by t200
metre isobath but in more general terms these banks are part of a struc-

tural "high* extendinfrom the Lampedusa Plateau on the Westto the
Medina Escarpment on theeast. Large areas of this "high" appear above
the400 metre isobath. Its northern limit is forrnedby the Medina Chan-
@ nel. Tothe west,southwestand south, the IBCM showsas the bordering
features the rather shallowaffa Trough and its southeastern continua-
tion, the system of the "Misurata Valley" and the "Melita Val-
ley"-featureswhich become more pronouncedbeyond the 1,000 metre

isobath as a result of their junction with the Medina-Misratah Fault
System, which formsthe eastern edge of the PelagianBlock.

The Melita Banks consistsof twoshoalsofa depth of 86metresand 154
metres, respectively,just east of the centre of the Southern Unit being
described here. Morphologically there are, just as in the case of the
Medina Bank, no abrupt features at al1 to be found here-only very
smooth elevationsof the sea bottom. Especially ontheir southern slopes
the gradients are very gentle. In contrast, the inclinations in a northerly
direction areuch steeper (which can be seeneasilyby the narrowingof

@ the isobathsof the IBCM to the'northof the banks and on the Slope Map
by the slope inclinations to the north of the elevations marked"Hm).

It is.asa matter offact, verydifficulttodrawa dividing line betweenthe
northern flank of the area of depression calledby the Court in its 1982
Judgment the "Tripolitanian Furrow" and the Melita or Medina Banks.

C. The NorthernUnir

The sea Booroffthe generallysouthwest-facingCoastofSicilyhas three
distinctregions. Inthe centre, it formslatively narrow shelf(abo15
to 24 kilometres wide) sloping in a south/southwest direction into the
Gela Basin. On each endof this Basinrather extendedshelvesform large
banks: the Adventure Bank onthe west,and a large plateau, theusa-
Malta Plateau, on the eastl. The Adventure Bank forma large subma-

rine promontoryof the WestendofSicily,whileth~a~usa- a Plaeau
can be understoodas a promontory of the southeast corner of the Sicilian
"triangle".Thus, Sicilyand its southern and southwesterlyshelf-prolon-
gations, together with the arof the Gela Basin, form an even larger
triangle, extending the Sicilian triangle consideinba southwesterly
direction, but keeping its essentialshape.

@ ' Itiscallcdthe"MaltaPlateau"IBCM. Forthe saofconsistency,this note adopts
thesametcrminologyas Mcmorialfor ihisfcature. 194 CONTINENTALSHELF [I-l]

The Adventure Bank (comprising many separately named shoalsand
banks) extends about 90 kilometres in a southwest/northeast direction
and an equal distance in a northwest-southeast direction. The Ragusa-
Malta Plateau extends about 130 kilometres in a north/south direction
and 70 to 100kilometres in an east/west direction.

D. TheRifr Zone

1. TheDirectionof these Features
As noted earlier, the Rift Zone discussedhere is that zone of troughs
and channels separating the Northern Unit, as defined above, from the

~outhern Unit. The Rift Zoneisclearlydefinedbythe 500metre isobath.
The Rift Zonestretches roughly from 10" 30'E to 16"E and followsthe
northwest/southeast "grain" of this part of the Central Mediterranean.

It isseparated fromCaltanisseta-Gela Basininthe north bythe Adventure
Bank - Madrepore Bank - Ragusa-Malta Plateau alignment. On the
south the limits of the Rift Zone are along the northern edge of the
Lampedusa Plateau and the Medina Bank.

Within this part of the Central Mediterranean the rnorphological direc-
tion of particular significance,nin the alignment both of coasts and of
sea-bed features, is the directionrthwest/southeast to west-northwest/
@ east-southeast. Exampies selected from the IBCM are listed below:

-The southwest-facingcoast of Sicily

Islands
-The long axis (extension) of Pantelleria Island
-The long axis of the Maltese Islands.

Seo Bottom Feaiures
-Gela Basin, paralleling the coast of Sicily

-Pantelleria, Malta and Linosa Troughs
-Meiita Banks'
This direction indicatesthe main directionofstructural features: faults,
grabens,and horsts,which are the primary causeof most morphological

features. These structural features are due to a general pull-apart of the
two mainUnits of the sea-bed area ofthe Pelagian Sea,i.e.the Southern
Unit and the Northern Unit separated by the Rift Zone. The tectonic
forcescausing the rifting (pull-apart) are movingin a direction more or
less perpendicular to the extension of the rifting zone, i.e., north-
east/southwest to north-northeast/south-southwest.

'Itisintercstingto notethatihc MedinaBank(asdcfincdbyihc20û-metrcisobaih)trends
in quitcdiiïcrtntdirection:northcast/southwst. [I121 TECHNICAL ANNEXTO THE MEMORIALOF LIBYA 195

These Northern and Southern Units are not separated by a singlefault
or shear plane, but by ariesof manysuch faults or planes. These fault
planes, only narrowly separated, stretch along a zone or belt extending

from the narrows between Tunisiaand Sicily to the divide between the
Sicily-Malta Escarpment andthe Medina Escarpment. Ina north/south
direction, they extend between the Adventure Bank, the Gela Basin and
the Ragusa-Malta Plateau on the north to the structural highs on the
south stretching from the El Haouaria Bank (north of Cape Bon), the
@ "Tunisian Plateau" (the term used on the IBCM), the Melita and the
Medina Banks to,and finallymerging into, the south flankof the Heron
Valleyat the southern end of the Sicily-Malta Escarpment.

Of course, there are also faults within the Northern Unit and the
Southern Unit. Buttheir occurrenceismoresingular,or, inany case, less
frequent and not closely grouped as within the Rift Zone. Being less

important in a geological-structural sense, these faults are revealed
geomorphologicallyas far less prominent sea-bedfeatures than the Rift
Zone features.
2. The Troughs

Within the Rift Zone the structural and morphologicalimportance of
the faults is underlined by the followingfacts:
-the maximum depth of the troughs (structural grabens):

-the Pantelltria Trough 1,314 metres
-the Malta Trough 1,715 metres

-the Linosa Trough 1,15 metres.
(Note: the depth of thgrabensismuch deeper. Each of thesegrabens is

filled by thick Quaternary sediments forming rather small Abyssal
Plains.)
-The shallownessof the high sea-bed areas (mainly horsts) near
theBank osfthe troughs:

-The Pantelleria Trough issurrounded by shoalsrneasuring,
as taken from the IBCM: Pantelleria Bank less than 200
metres, even rising as high as 12metres (to the north); "230
metres" (at the southeast end); "182 metres" (at the
southwestflank); and the volcanic islandPantelleria (at its
northwest end).

-Malta Trough: "252metres" (to the north); "226metres"
(to the northeast); the Maltese Islands (northeast and east of
its easterly end);"258 metresn (opposite Malta); "534
metres"; "380 metres"; and"368 metres" (at the southwest
Bankof this trough). 196 CONTINENTAL SHELF [I-131

-Linosa Trough: At the northeast flank, the sea bed rises
above 600 metres and at its southwest Bank to less than 400
metres, aside from the Island of Linosa itself.

-The steep inclination of theteral slopes:frequently 1:10to
steeperthan 1:5.

-The frequencyof volcanoeswithinthe Rift Zone (e.g. Pantel-
feria, Linosa, and point "113metres" betweenthe Malta Chan-
nel and the Medina Channel.)

3, The Malta and Medina Channels

The geomorphologicalfeatures that represent the continuation of the
Rift Zone eastward from the Troughs and which separate the southern
and southeastern areas of the Ragusa-Malta Plateau fromthe area of the
Melita and Medina Banks are the Malta and Medina Channels. These
Channels, which drop below the 500 metre isobath, forrn part of the
boundary between the Southern Unit and the Northern Unit and join up
with the lonian Sea to the east, forming the eastern siil'of the Strait of

Sicily.
The Channels are separated by an east/west elongated shoal ("113
@ metres" on the IBCM) formed by a subrnarine high, understood to be a

volcano, not active al present.
Tothe south of the Medina Channel liesthe extendedarea onwhichthe

Medina Bank iç located. The fact that these Channels form a natural
separation between the Ragusa-Malta Plateau and the Medina Bank is
underscored by the fact that the flanksof both Channels are the steepest
features of this region, as is revealed on the.Slope Map.

E. The Eastern Geomorphological Boundar yf the Ragusa-Malta
Plaleau and the Pelagian Block

As mentioned earlier in this Report, the natural eastern limit of the
Ragusa-Malta Plateau and of the Pelagian Block is a Fault Zone,
exlending in almost a north/south direction, from the eastern cmst of
Sicily towards the bend in the North African coastline east of Misratah.
In the north, it consistsof the Sicily-Malta Escarpment. Thedrop of this
Escarpmentinto the IonianSea isoneof the steepestfeatures known inthe

entire Mediterranean, plunging in places to a depth of 3,000 to 3,600
metres in the narrow space of 15 to 18 kilometres.
In the area where this Fault Zone is crossed by the Rift Zone, the

feature becomessomewhatohscuredby the east/west trending featuresof
'A submarint ridcrriscscparatingpartialtyctoscdbromont anothcrorFromthc
adjacentoccan. [I-141 TECHNICALANNEX TO THEMEMORIAL OFLIBYA 197

thesteepand deepHeronValleyandthedissectedridgeofseveralsubma-
@ rinemountains,calledontheIBCMthe"Medina(Malta) Ridge." (This
Ridge isunderstoodby many geologistsas being a feature mainly of
volcanicorigin.)This underlinesthe structural importanceof the Rift
Zoneand its link to the Medina (Malta) Ridge.
Tothe south,again consultingthe IBCM, is the Medina Escarpment,
@ trendinglmostnorth-northeast/ south-southwest. It separatesthe shal-

lowerareas surroundingthe MedinaBankfromthe SirtRisearea to the
eastand forrnsa natural morphologicalboundarybetweenthem. Tothe
east of this Escarpment,wefinda sea floorthat is morphologically very
irregular,dissectedbyvalleys valley-likefeaturesandwithsomehigh
elevationschasthe EpicharmosSea Mountain andtheArchemedesSea
Mountain,not to mentionlessspectacula'seahills".
The southernpart of the Fault Zoneceasebeoan escarpmentinthe
propersenseoftheterm. Thesoutherncontinuation ofthisFault Zoneiç
indicated by a general but never abrupt break in the general easteriy

slopingofthe depressionrunningalongthe southernpart of the Pelagian
Block. Totheeastofthe Fault Zone,thesea-bedslopes downwardmore
steeplythan it slopedupwardto the westof this Fault Zone.CONTINENTALSHELFd
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5
\L 4 PARTII

THEGEOLOGY ANDGEOPHYSlCSOFTHEAFRICAN
CONTINENTAL MARGINSOUTHOFSICILY

1. Introduction

1.01 Thispapersummarisesinrelativelynon-technicallanguage stud-
iesof the geologyand geophysicsof the African continental marginsouth
of Sicily focussed onthose aspects of the subject believed to be most
relevanttothe matter ofcontinentalshelfdelimitationbetween Libyaand
Malta. The studies wereundertaken by the scientistslisted below,who
have approvedthe contents of this summary:

D. Jongsma-Free UniversityAmsterdam, The Netherlands

J. E. van Hinte-Free UniversityAmsterdam,TheNetherlands

J. M. Woodside-Lyngby Geophyçical Services,Dartmouth,
Nova Scotia, Canada
1.O2 Thesourcesofdata usedforthesestudieshavebeenseveral:first,

the rather considerablepriorstudies ofthe area byexperts in the fieldand
the resultingtechnicalpapers,someofwhichwillbecitedbelowinthe text
and othersof whichare listedat the bottomof the page'; second, offshore
welldata providedby Libya or made available from other sources;and
third, data obtained from seismic reconnaissance linesprovidedby OGSL
in Trieste.

2. GeneralBackground and GeologicalHistory

2.01 Tounderstand thepresent geologicalsettingoftheCentral Medi-
terranean Seait isimportanttoconsiderit inthe plate tectonic framework
of the entire Mediterraneanregion. This approach,whichisnowusedby
mostgeologists,has beenappliedtothe Mediterraneanregionfor the past
fifteenyears;it servesasa good starting pointand basisfor comparisonof

observedgeologicphenornena. However,in this summaryonly the most
general outlineof plate tectonicswillbe given.
2.02 The generaI plate tectonic pictureis one of Young,hot oceanic

lithosphereinthe BalearicBasinand old,colderoceaniclithosphereinthe
IonianSeabeingsubducted'(orjust starting to,inthe caseof the Salearic
'A partial listing of scf the sourcesrelicd upon.supplcmcntingthosc specifically
refcrrtdto inthetcxt,are:McKcnzie(1972); Laughton and Whit1974); Dcwcyet
al. (1973);Cohen(1980);Yieldingeial. (1981); Bousquet(1977);Aetal.(1972);
Winnock(1979); Iltics (1981); Biju-DB.acial.(1974. 1977. 1978); Burcrlal.
(1974,1479,1981); Finetii andMorclli(1973); cial.(1975);Gantaci01.(1961);
Finctti(1981. 1982).
'OsstrvatorioGtohsicoSpcrimentalc. Trieste.
'Subductioninvolvcsonclithmphereplatedcscendingbcneathanothcr.202 CONTINENTAL SHELF (11-21

Basin) tothe south and north respectively. Betweenthese two basinsthe
continental lithospheres ofAfrica and Eurasia are in contact. Contact

extends from the Westof Sardinia (Auzende et al. (1974); Auzende
(1971)) to the Sicily-Malta Escarpment, or the Westtip of Calabria. A
promontory of the African continent situated in the central part of the
Mediterranean has collided withthe northern part of Sicily.

2.03 The knowncrustal structure of this African continental margin
showsit to besimilar inthicknessto passivecontinental margins alongthe
Atlantic. The geologyindicatesthat this margin hasbeen sinkinggradu-
ally since the Early Jurassic (approximately 180 million years ago).

2.04 Analysis ofwells indicates similar rocks and similar Mesozoic-
Early Tertiary (approximately 100 millionyears ago) subsidence history
ofi Libya, the Malta Platform and southern Sicily. During this period,a
sedimentary rift basin, the Tripolitanian Basin, forrned near the Libyan
coast. Seismic reflectionprofilestied to wellsdrilled also show that the
shelf offLibya was continuous with the Ragusa-Malta Plateau until the
Late Miocene (approximately 10 million years ago).

2.05 Then the situation onthis continental margin between Sicilyand
the African coastchanged radically. Starting about 10millionyearsago,
the northern part of the continental margin, including the Ragusa-Malta
Plateau,dislocatedfromthe African continental margin. Thisdislocation

continues to this day along a complex fault zone defining the limit of
volcanicactivity observedon Sicily (referred to in the text of the Memo-
rial as the "Rift Zone"). The expressionof this fault zone, whichfrom
severallinesof evidenceappears also to involvewrenchor strikeslip fault-
ing, is mostapparentin the seafloortopography immediately southwestof
Malta. Around the Late Neogene (approximately five million years
ago), as partof this tectonic activity along the fault zone, the Ragusa-
Malta Plateau and Malta were uplifted.

2.06 Plate interaction between twocontinental lithospheresin contact
is accommodated in various waysdependingon the geologyand the rela-
tive movementof other plates. For exarnple,underthrusting of continen-
talmaterial approaching a subductionzone maycontinue,as isthe caseof

the Himalayas and southeastern Turkey. In essence,the one plate slides
underneath the other. On the other hand, the response to continental
coilisionmaybe acomplex system offaulting. What exactly ishappening
inthe caseofthe plate interactjoninthe Central Mediterranean isparticu-
larlycomplexin part due to the fact that the tectonic movementshere are
still going on.

2.07 A close look at the data bearing on this problem, along with
considered opinion based on published interpretation of the geology,has
led us and others(e.g.,Bousquet( 1977)) to the conclusionthat the wide[II-31 TECHNICAL ANNEXTO THE MEMORIAL OF LlBYA 203

zone oftectonicdeforrnationwhichformsthe plate boundary maywell
nowlielargelyintheregionofactivetectonicsinthePelagianSeabetween

Sicilyand the Lampedusa-Melita-Medina Plateau,that is in the area of
the fault zonereferred to abovewhichstarted to developsome 10to 5
millionyears ago.

2.08 In theearliest plate tectonic frameworkpubiishedforthe region
in whichthe geologyand evolutionof the Mediterraneanis taken into
account (Dewey et al. (1973)), southernSicilyand the Ragusa-Malta
Plateau are shownas belonging toa smallseparate plate, the Messina
Plate'. Thesouthernboundaryofthissmall plate isdefined by theStrait
of Sicilyand the Malta and Medina Channels.

2.09 To look morecloselyat this faultzone (calledin the Memorial
the"Rift Zonez"),deep grabem(upto 1,715metresintheMaltaTrough)
constitutethewesternpart ofthis Zone whiletheeasternpart isnarrower
with an average of 500 metres (maximumof 645 metres). Itis in this

eastern partwhere thetectonicmovements have beenmorethoseofshear-
ing rather than the pull-apart rnovement reflectedby the Malta Trough.
TheFault ZonecontinueseastwardintotheIonianBasinwhere it forms a
strong positivetopographicalfeature, the Medina (Malta) Ridge. Its
crossingof the margin betweenthe Pelagian Biock and the IonianBasin
marks thedivisionbetweenthe north-northwesttrending steep Sicily-

Malta Escarpmenton the northand the moregentlyslopingnorth-north-
east trending Medina Escarpmeno tn the south.
2.10 ThisFaultZone formingtheboundarybetween the southern part

of the Ragusa-Malta Plateau region and the Medina-Melita
Bank-Lampedusa Plateau area isalsoclearlydelineatedin geophysical
data coveringthe region. Gravityprofilescorrected fortopographyand
diHerentdensitiesofthecrustshowa peak overthezoneofgrabenforma-
tionand active faultinga. This gravity high is explaineas a resultof a
thinner crust under the zone. Magneticmeasurernentsshowanomalies
aiongthe boundarywhichcontinueinto the Ionian Basin.

'-Figure 1oG3 139ofthis studyof Deweyshoamicr<~plateboundary alongthestrait
of Sicily withMalta. The Ragusa-Malta Plateau is bcsituaicd on the "Messina
Platc" and the contincntalmarginto the southsituated on the "African Plate". Thcearlicr
workofMcKcnzic(1970) onplatetwtonics wasbascdonscismicdistribution;Dewey'slater
work includcdgcologicaltvolution.
'The tcrrn "Rift Zone". though a short-hand. practical ttrm, inc~rnplctclydescribes thc
suggestedby the work "rift", such as shcaring, fracturing, wrcnch and strike/slip. Thcrc-
fore. in this papcr thc tcrm"Fault Zobc"used.
'Thc technicalttrm uscd by gcologiststo dcscribcsuch aa'Bouguer anomaly".
An 'anomaly"is a subsurfacc geologicalfcature which is diflerent from the gencral sur-
roundings. A "Bougueranomaly"asgravityanomalyaltcr correctionsforlatitude. cleva-
tion and terrain. in this case being corrccted for outto a radius of 166.7
kilomctrcsusing an assumai crustal den2.67gm-cm-'.204 CONTINENTAL SHELF III-4]

2.11 Figure No. 1,attached followingpage 11-9of this paper, depicts
thesegravity profileswhere peaksare seento occur overthe zoneof active
faulting. The data on whichthe sketch (whichison a horizontal scaleof
1:4,000,000) has been based is derived fromFinetti and Morelli (1973),

Plates II, VI11and XI for the Central Mediterranean. Further technical
details regarding this data aretoocomplex for this summary; however,
certain brief observationsappearusefulinexplainingthe geophysicaldata
portrayed on this Figure.

2.12 The Figureshowsthe variabilityof gravityand bathymetry along
six profilesrossingthe Pelagian Sea (Lines AA' to FF' appearing in the

index figureat the top of the Figure). For reference, the 1,000 metre
isobath has been dotted in and the 200 metre isobath around the Melita
and Medina Banks shownby dashed lines.

2.13 Profiles AA'and BB'clearly showthe regional positiveBouguer
anomaly over the Fault Zone and the local maxima over the Linosa
Trough and western part of the Malta Trough. In contrast, profile EE'

showsthat the eastern section of the Malta Trough has a relative mini-
mum Bouguer anomaly. The difletence is attributed to the degree of
crustal thinning and associated volcanisminthe differenttroughs: volcan-
ism is present in al1but the eastern part of the Malta Trough suggesting
that this part of the Malta Trough has not rifted as much as the other
parts, a fact rather normal along fault zones wherethe degree of rifting
varies along the length of the zone.

2.14 ProfileFF'between Libyaand Sicily whichruns north/south and
cuts acrossthe eastern part of the Fault Zoneshowsthat the onlyanoma-
lous region is between the Medina Bankand the Ragusa-Malta Plateau.
A large ropographicfeature between theMedina and Malta Channels has
positiveBouguerand magnetic anomaiiesassociated withit. This has led
to the conclusionthat this feature is volcanic lyingon the trace of one of

the faults interpreted fromthe seismicreflectiondata as strikingeast/west
through the channel. At least one seismicprofile showsan intrusion of
material into nearby sedimentsalong with upliftof overlyingsediments.
This volcano liesalong a linejoining the Medina (Malta) Ridge (at ieast
parts of whichare consideredto be volcanic) withthe volcanismoccurring
around Linosa.

2.15 Seismic refraction work (a definitionof this processappears at

paragraph 3.04 below) supports the presence ofa thinner (20 kilornetres
instead of35 kilometres) crust under the western side of the zone of
rifting. Seismic reflection profilesacrthe zone showintense, presently
active, faulting and tilting of strata together with the presenceof volcanic [II-51 TECHNICAL ANNEX TO THE MEMORIAL OF LIBYA 205

features,confirminga deepsea-bedfracture'. TypicaIexamplesofstruc-
tures seen in seismic reflectionprofilesassociated with wrenchingare
showninFiguresNos. 2and 3 followingpage 11-9ofthispaper. Anindex
figure showingthevariousseismicprofilelinesof relevancetothis discus-
sionis set forth following page11-9as FigureNo. 8.

2.16 In sumrnary,a west-northwest/east-southea seologicalbound-
arywhich becameactiverecently(startingbetween 10and 5 millionyears
agoand continuingto the presenttime) runs betweenthe Ragusa-Malta
Plateauand the MedinaBankbreakingthe Africancontinental margin.
tts expressionis observedin the presentday seafloortopographyand is
revealedin the geologyas an activefaultzone. Geophysicalmeasure-
ments,suchasgravity,rnagneticandseismic reflectionmeasurements and

seismicityalso delineate this boundary.
3. Faulting and its BatbymetricCarrelation

3.01 The bathyrnetryusedin this studyis taken fromSheet 8 of the
@ IBCM1. Activetectonics are refiectedin the bathymetry. Thus, the
maximum reliefinthe PelagianSea (Le.about 1,15metresofvariation
acrossthe MaltaTrough) occurswherefault-controlledbasinsaredevel-
opingtotheWestandsouthofMalta,andnorthoftheLampedusa-Melita-
Medina Plateau. Inthe analysisof recentfaultingwhichfollows,faults
observedin the seismic reflection profiles haveeen extrapolated only
where there is an adequate correlationbetweensuch faults and scarps
expressed in the bathymetry.

3.02 The featuresshowninthebathymetryreflectpartofthegeologic
historyof the Pelagian Sea. The north-to-southalternation of north-
west/southeast oriented relative highsand lowshas persisted to some
degreesincetheMesozoic(between200and 100millionyearsago). The
relatively shallarea fromtheLampedusaPlateau (called the"Tunisian

@ Plateau" in the IBCM) acrossthe Melita and Medina banks has been
presenttheresincethelowerCretaceous (over 100 millionyearsago). A
slightdepressionto the southof this highisal1that remainsof the fault
systern which originated in the Middle Mesozoic(approxirnately 200
millionyearsago) (Ziegler(1978)). Thebathymetryissmooth,indicat-
ingthat any tectonicprocessesare nolonger activeenough toproducea
brokensea-floortopography .

3.03 The markedsurface reliefrepresentingthe bottomof the Plio-
cene(about fivemillionyearsago) showninthenorthernsectorabovethe
LampedusaPlateau-MelitaandMedinaBankarea, indicating activetec-
tonicsthere sincethe Miocene(approximately 10 millionyearsago), is
'Thematterofvolcanismwilï bcdcwitbclowingrcatcrdetail.
'SM Par1ofihiTechnicaAnncxfortheidentificanddescriptiofthisbathymctric
chart. 206 CONTINENTA LHELF [II4

therefore the significantfeature to examinefurther here. The correlation
between the bathymetry and the faults on the base of the Pliocenealong

the northern sector is evidencethat the tectonics which producedthem
both were the same and are active today. This can be seen from an
examination of Figure No. 4 followingpage 11-9of this paper, a brief,
simplifiedxplanation of which follows.

3.04 Figure No. 4 is divided into a northern profile and a southern
profile,the dividing line beingthe 35"Nparallof latitude. The bathy-

@ metric data usedis taken from the IBCM (see footnote 2 on page 11-5
above). These profiles compare pst-Miocene (since approximately 5
millionyears ago) tectonics north and south of t35"N parallel. The
depth to the base of the Pliocene (about fivemillion years ago) is taken
from seismic reflectionprofilesand plotted in secondsof two-way seisrnic
travel time(Le., the time for seismic energyto travel downto that depth
and be reflected backto the seismicship making the profile). The north-
ern profile coincides geographically with seismic line-19 between

Sicily and theTunisian Plateau'. The southern line followslongitude
15'E between Libyaand the Medina Bank (also shown onthe indexmap
forpurposesof comparison). Horizontalscaleis 1:1,000,000and vertical
scales are the same for north and south profilesto facilitate comparison.

3.05 What stands out so prominently in comparing the northern and
southern profilesis that, in the northern area abov35"N parallel, the

relieff the baseof the Pliocene correspondscloselywith the bathymetry
of the present-day sea-bed. The presently active faulting is directly
affectingthe contoursof the sea-bed. However,belowthe 35"N parallel,
the correlation disappears: the sea-bed is smooth, showing that tectonic
processesare not affecting the sea-bed.

3.06 Thus, apart from the Sicily-Malta and the Medina Escarpments

(which are major but older faults), active faulting in the Pelagian Sea
area is now occurring north of the3S0N parallel of latitude along the
Fault Zone running from the Pantelleria-Linosa-Malta Troughs across
south of Malta to the Medina (Malta) Ridge. To better illustrate this
variation withintheregion, a fault displacement analysishas been made
by the authors. For this purpose, the Pelagian Sea was dividedalong
latitude35"N. Only faulting Westof 16"E was considered because the
Medina Escarpment to the east is common to both areas and represents

the boundary witha differentgeologicprovincto theeast: the Ionian Sea.
The results of this study, described below, are portrayed graphically on
Figures Nos. 5 and 6 foliowingpage 11-9.

'SeclocationmaponFigurNo. 7. [II-71 TECHNICAL ANNEX TO THE MEMORIAL OF LIBYA 207

3.07 A totalof4,419kilometres of seismicreflectioinneswereconsid-
ered,ofwhich953kilometres were inthenorthernarea and3,466kilome-
tres inthe south, Despitethesampling biasto the south (Ce.,morethan
three timesas manylines),the sumof al1verticalfault displacement(or
"throw") to the northwas 6,625 msec of two waytravel tiine(Le.,4,969
metresifa conversionfactorof0.75isused, corresponding toa velocityfor
soundin water of 1,500metres/sec) comparedto 2,670 msec(or 2,002

rnetres) tothe south. No faultswiththrowsgreaterthan 200 msec (150
metres) wereobservedto the south, but tothe north sevenfaults were
observed with throws of 300msecor more (225 metresor more) giving a
combinedtotal of 2,900 msec(2,175 metres) of displacement. If the
northerndata are normalised with thesoutherndata, thedisparityiseven
greater:notonlyarealmostal1the largefaultsto thenorth,but thereare
- also more than twiceas many minor fauIts (with displacementsof less
than 200 msec (1 50rnetres).

3.08 The foregoing difference between north and south faulting is
further emphasised by the fact that the southern faults are generally
growth faults- that is,faultsassociated withdepositionrather than with
active,current tectonic activity and are virtuallyquiescenttoday.
3.09 Some of the northern fault trends inferred from the seismic
reflectiondata are similarto trends mappedon the Islandsof Gozo and

Malta (e.g.Vossmerbaumer (1972) ;Pediey et al(1978); Illie(198 1)).
The predominant trendto normal faultingon Malta is east-northeastto
northeast. Ground displacemenotf thesefaultsisnotgreat;the Victoria
Lines Fault only bas about 100to 200 metresof throw (Pedley elal.
(1978)). Yet thesetrendsproducea similar scaleoffaultingat sea,with
the same senseof motionand strike for examplein the Malta Trough
south of Malta. However, it isthe northwest/southeastorientedfaults
which have developed the largest displacementand indeed definethe
Malta horstblockitself. Profilesat right anglesto each otheracrossthe
Malta blockgraphicallyillustratethedifference inscaleof faulting(e.g.,
Vossmerbaumer(1971 )).

4. ThePresenceandSignificanceof Volcanisma

4.01 The second phaseof faulting which producedthe deepening
troughs northof 35"Nlatitudecoincided witha periodofvolcanism which
continues today. The volcanismis associated withthe faults, causing
eIongationofvolcanicislandsIikeLinosaand Pantelleriaoverthe north-
west/southeast striking faultsalong whichthe lava was extruded (Di
Paola (1975)). Secondarytectoniclinesact as feeding fissures for the
volcanism.

'Theproccssbywhichthemagma(moltcnrock)anditsassociatcdgasscsristintothecrus1
andart cxtrudcontotheEarth'ssurface andintotheatmospherc.208 CONTlNENTAL SHELF [II41

4.02 Young (Le..occurring during the time of recorded history) vol-
canism has been located at 15sites, generaltyinthe north and northeast
part of the Fault Zone (Zarudski ( 1972) ). The northeasterly volcanism

is associated with faulting, but not with large troughs, suggesting that
there is a northeasterly shiftof the distensive tectonics. Volcanicshave
not yetbeen observed inthe eastern part of the Malta graben, although a
large volcanic feature lies in the channel between Medina Bank and the
Malta Plateau, linkingthe volcanicsin the Fault Zone with those forming
the Medina (Malta) Ridge to the east.

4.03 The compositionof the young volcanicmaterials is the same as
those produced by Mt. Etna and Mt. Iblei in Sicily (Barbieri et al.
(1974)). To date, there has been no young volcanism observedto the
south of the Fault Zone.

4.04 Magnetic anomalies are associated with the volcanics. Buried
volcanicmaterial has been inferred from magneticanomalieselsewherein
the Pelagian Sea, and drilling has confirmedits presence inseveral cases

(e.g.,Ziegler (1978); Finetti(1982)). The buried volcanism evidentlyis
related to muchearlier tectonic eventssuchasthe faulting which produced
the riftssouth of the Medina and Melita Banks. As noted above, al1
recent volcanism liesnorth ofthe 35"Nparallel extendingfrom the Malta
and Medina Channels to the Medina (Malta) Ridge.

4.05 The significanceof volcanism is essentially two-fold withinthe
context of the subject of this paper. First, the presence of volcanism
means that the Fault Zone where volcanismis found is characterised by

deep fractures or faults, cutting so far into the Earth's crust as to allow
magma to rise to the Earth's surface. Thus, such afault is necessarilyof
major geologicalimportance. Second, where, as in the case of the Fault
Zonehere north of the 35"N parallel,the volcanisrnappears at or near the
surfaceof the sea-bed, itmeans that the volcanism,and hencethe faulting
or shearing, is active and deforrning the seafloor.

5. Fault Map

5.01 Asa meansofsummingup the foregoingingraphic forrn,Figure
No. 7 has been prepared, a reduced versionof which appears following
page 11-8. (The full-scale Figure rnay be found in the pocket sectionof
VolumeIII.) This Figureis basedon data showingthe faults pickedfrorri
al1the seisrnicreflectionprofileswhere the seafloor showsrecent vertical

displacement. The simple graph on the right-hand side of this Figure
explainsthe way inwhichthe correlation betweenfaulting and recentsea-
bed displacement wascalculated and reflectedin the Figure. Where the
bathymetry indicates a continuation of the sea-fioor displacement, the
fault has been extrapolated beyond the survey lines.[IL91 TECHNICALANNEX TO THE MEMORIAL OF LlBYA 209

5.02 There are three colours used in plotting the faults to show the
verticaldisplacementasexplainedin the Figure's legend. The faults were
separated on a roughly numerical basisinto the followingthree classes:
(1)35-75 msecofthrow; (2) 75-150msec; (3) and greater than 150msec

of throw.
5.03 Strike/slip faults havebeenadded when knownand are shownby
blue lineson the Figure.(In casesof uncertainty, the fault is shownas a
dotted blue line.) Asinistraltrike/slip offsetsthe Pantelleria and Malta
Troughs (Winnock ( 1979)). Two dextral wrench faults strike north-

east/ southwest betweenGozoand Malta (Illies (1981)) and another one
can be seenon a seismic reflectionprofilebetweenthe Medina Bank and
Malta. It shouldbenoted,inthisconnection,that sinceFigure No.7only
shows vertical expression,strike/slip faults shup as rninor features,
whichtheyare not. The linesshowingstrike/slip faultinon FigureNo. 7
in the Malta-Medina Channel area reflect faulting of an importance as
great as inthe area of the Troughs:the verticaldisplacementismerely far

less due to the nature of this type of faulting.
5.04 Knownvolcanoesare indicated in blue and inferred volcanoesin
brown. Inference of volcanismis based on a distinctagnetic anomaly
correlated directlywith a bathymetric high. Older volcanoeswhichhave

been buried, will retain a magnetic anornaly butare not indicated on this
map becausethere isnoclear topographie feature with whichthemay be
correlated. PARTIII

THE AREAOF THE CENTRALMEDITERRANEAN: A BRIEF
RESUMEOF ïïS CEO~CICAL SETTiNGAND GEODYNAMIC
EVOLUTION
ProfessorI.R. Finetti

1. Introduction-Source of Data
Thispaperconcentratesoncertainaspectsofthegeologyoftheareasof
the Pelagianand IonianSeasbelievedtobe ofparticularrelevanceto the
Courtinresolvingthepresent dispute.The authorhasrecently published
a scientificpaper'dealingwiththegeologyofthe entireCentral Mediter-
raneanincludingthe Pelagianand IonianSeasbasedongeophysicaland
geological exploratidata andresearch over anumberofyears. There-
fore, referenceswill be made from time to time to this paper, where

pertinent,andtoearlierpapersofthe author, notto speakofa numberof
relevanttechnicalpapersby other geoscientistsin the field.
Severalintroductorypoints should bemade at the outstt. The first
relatestothesourcesofdataon whichtheconclusionsofthispaper - and
the recent study referredto - are based. The second relates to the
manner in whichthis paperhas beenorganised.

Turning first to the sourcesof data, after morehan two decadesof
intense geologicalnd geophysical explorationr,emarkableprogresshas
been made in the knowledgeof the structure and stratigraphyof the
Mediterranean. This doesnotmeanthat ailaspectsofthesesubjectshave
beenclearedup;but it istodaypossibletopropose schemes ofgeodynami-
calevolutionmuchmore controlledthanit was some yearsago. Evidence
ofthe progressmadeinknowledgeofthegeologyofthe Mediterraneanis
seeninthelargenumberofpublishedpapersinthefield. Appendedtothe
endofthe author'sDecembtr, 1982technicalpaperreferredto aboveisa
partiallist of morethan300 technical papersuponwhichthe author has
drawnin hisstudiesof the Mediterranean.

ln additionto scientificinvestigata,consistentcontributionhasbeen
madetoscientific knowledge byoilexploration activitisnthecontinen-
tal shelfareas inquestion. Significantcont~ibutioto the enhancement
of knowledgewerealsofurnishedbythe drillingexploration activitiesof
the Glomar ChallengerJoidesProject (Legs XII1and 42a); Ryan et al.
(1973);Hsii et al.(1978).
Reconstructionsof theregionalstructural anstratigraphiconditions
are mainlybasedon seismicexplorationsandonthesubstantialamountof

'Finctti,I1982-"Structure. Stratigraphy and EvotfnentralMediterranean",
Bollefindi Geojsica Teoricaed ApplicaXXXIV.l.[II1-2] TECHNICAL ANNEX TO THE MEMORIAL OF LIBYA 21 1

availabledata ofoil explorationalongthe continental marginssuppliedto

the author bythe Libyanauthorities. The mostcomplete regionalseismic
exploration which coversthe wholeMediterranean has been that carried
out by the Osservatore GeofisicoSperimentale of Trieste (OGS). and
publiihed by Finetti and Morelii ( 1972, 1973) and Finetti (1976,'1981,
1982).

Important seismicdata on deep water areas of the Mediterranean have
also resulted from the exploration activity of the Institut Français de

Pétrole (IFP), the Conseil National pour l'Exploration desOcéans
(CNEXO) and others: Maufiret et al. (1973); Miilder (1973); Biju-
Duval et al. ( 1974).

The abovedata, together with the detailed geologicaland geophysical
data and information suppliedby Libyan authorities, constitute the basic
data for understanding the existing geological conditionsof the Mediter-
ranean in general and of the Pelagian Sea in particular.

This short paper has been organised in the followingmanner:first, the
relevant geologicalsetting and geodynamic evolutionof the area will be
sumrnarised; second, some rather brief remarks willbe made about other

points of specific relevance,such as the key structural features of the
region and the rifting and volcanism, which playan important role in
connection withthese features; and ihird, an explanation will begivenof
the figures enclosedwith this paper.

In view of the fact (referred to earlier) that the author has recently
published a paper dealingwith someofthe pointsalsodeall with here,and
the fact that thereexistsan extensivebodyofalready published works,this

paper will be very summary in form.
2. CeoIogicrilSettingandGeodynamic Evolution

From Cretaceous until Middle Mioceneor from over 100millionyears
agoto about 10 millionyears ago,what isthe present Majtese Islandsarea
remained continuouslycovered by marine waters and, together with the

remaining Pelagian Sea', was involvedin a continuous depositional pro-
cess. Only Lampedusa and LampioneIslandsemerged at difïerent times
during the Lower Tertiary Times (approximately 50 millionyears ago).

The particular area between Sicilyand Libya presently corresponding
to the area of major grabens (Maita, Linosa, Pantelferia and Medina)
- the Sicily Channel - consisted of a substantially flat, unfractured

'By this name.the author refers to the area of sea betwecnSicily. Tunisia(Cape Bon). the
Tripolitaniacoast and, on the east, the Sicily-Malta Escarpmcntandthe castcrn cdgcof the
ChannelofSicily".However.the authot willusethe tcrm "Sicily Channel"to refcr onlyio
thccentral ara ofthe PclagianSeawhe~etpe prominentrproccscnistsand the largcr
grabensuchas thoseof Malia, Pantelleria. Linasaand Medinaoccur. See(1982).i212 CONTINENTALSHELF [III-3]

and undeformed Paleocene-Eocene-Oligocene-Miocene cover. Then an
extensive young rifting process started to occur during the Neogene-
Quaternary stretching phase (about 15 million years ago), a process
which continues today. It produced a remarkable deformation of the
above-mentionedarea along the rift zone.

Intense faulting,collapse and uplifting of blocks, tilting and igneous
extrusion (and intrusion) i.e.volcanicactivity, were the main geological
resultsofthisrifting process. The generaldominatingtrend of rifting was
northwest/southeast. With a fewexceptions,al1main geornorphological
structures of the Sicily Channel were generated during this extensional

process.
The IslandsofMalta, inparticular, appeared at this timeas asmallarea
ofthe uplifted blockat the north flankof the Malta Graben. This graben
is the most important of the grabens in the Sicily Channel from the

standpoint of its dimensionsand the intensity of rifting. The evidenceis
that the uplifting of thealta block wasaccompaniedby a tilting move-
ment that determined the ernersionof the Maltese Islands. The Malta
block is faulted also on its northeast side, additional evidencethat struc-
turally it is a horst.

The area from Sicily tothe Maltese Islands was practically unalïected
by the recent and continuing rifting phaseof the Neogene-Quaternary
described above. To the south of the rifted graben area of the Sicify
Channel, the substantially tabutar zone of the Lampedusa Plateau area
and of the Melita-Medina Banks was onlyslightly affected by the Neo-
gene-Quaternary stretching phase. This isdemonstrated by FigureNo. 7
(appended to this paper) consistingof fourseparate figuresshowingSeis-

mic Line MS-19 extendingfrom the Ragusa Plateau in the north across
the Malta horsr,the rift zoneof the Sicily Channel, downto the Lampe-
dusa Plateau in the south'.
BetweenMalta and the Medina Bank there exists, withno interruption

whatsoever, whatisthe continuationto theeast ofthe Pantelleria -Malta -
LinosaRift Zone (the SicilyChannel). Irefer hereto the majorrift area,
the Medina Graben, which geornorphologicallyis expressed by the two
channels running between Malta and the Medina Bank (sometimes
referred toas the Malta and the Medina Channels). (Whether there is
one wide graben here or the rifting underlying the Channels should be
divided into two grabens is a matter of unimportant detail for present

purposes) .
The rifting processof the Sicily Channel is more developedin the area
from Pantelleria-Linosa to Malta than at the northwest extremity of the

'A discussiof this atheotherFiguresincludcwiththissummaryappcarat section4
below. [111-4] TECHNICAL ANNEX TO THE MEMORIALOF LIBYA . 213

Pelagian Sea between Cape Bon in Tunisia and Mazara del Val10in

southwest Sicily. Also,along the Medina Graben the process is not so
impressiveas that shownon the seisrnic lineMS-19 (see Figure No. 7)'.
But the Sicily Channel rifting area is continuous al1 along the entire
Pelagian Sea from the Tunisian extremity to the Ionian Sea.

Seisrnic,gravity and magnetic data show clearly that the rifting, still

active, has already produced a marked geologicaldeformation involving
not onlythe entire sedimentary sequence,but marked tilting movements
on both sideçof the Sicily Channel area. It is evident that the Lower
Crust is participating in the geodynamic processes with upliftingof the
earth's mantle. Bouguer gravity data confirms this observation (as is
discussedinthe author's 1982paper2). In fact alongthe SicilyChannel a

regional positiveanomaly exists which, inthe author's view,is associated
with the Crustal thinning produced by the Neogene-Quaternary stretch-
ing phase.

It is evident that the rifting process in the Sicily Channel has already
evolvedto a stage as now practically to iiivide the Pelagian Sea into two

separated blocks. One to the north is formed by the Adventure and
Ragusa-Malta Plateaus; the other on the south is formed by the Lampe-
dusa and Medina Plateaus. This secondblockrernainssubstantially con-
nected to the North African rnegaplate because'evenif it is affected by
severalextensionalfaults, theseare not large, associatedand coherent like

those of the SicilyChannel rift systemand do not constitute a continuous
rift system of regional importance. The fact that the Maltese Islands
emerged during the time of, and in connection with,the rifting process
that separated the Ragusa-Malta Plateau from the Medina Bank shows
how intrinsically connected these events are.

So, the Malta Island group structuralIy belongs to the Ragusa-Malta
Plateau area and is completely separated from the Medina Bank. The
fracture systemof the MedinaGrabenis accompanied by tiltingwhich
indicatesthat the faults separating the Malta blockfromthe MedinaBank
are not superficialaccidentsbut prominenttectonicprocessesinvolvingthe
entire Upper Crust and part of the LowerCrust. The collapsedblockof

the Medina Graben is lowereddown at the base of the Pliocene by more
than 500 metres (although the rifting process here is at its minimum
intensity). A small piece ofa seismic line hasbeen reproduced to show
the Medina Graben and the various features that make it significant. It
appears as Figure No. 1 following page111-8of this paper.

TechnicalAnnex. scismiclincmaybc foundas FigurNo. 8 lollowingPartIIothis
aSec in.1 tp. 111-ahvc.214 CONTINENTAL SHELF [IIi-51

The Medina Bank, even if aflecteby faultingduring the Neogcne-
Quaternaryphase,preserveditsbasicintegrity and itsregionalstructural
character. The geological historyof the area of the Medina -Melita
Banksarea has beencontinuouslyconnectedto the evolutionand basin
depositionof the area south of the SicilyChannel. Fromthe Medina -
Melita Bankssouthward to the Libyan Coastthere is a continuityof
stratigraphiccharacteristicsfrom the Mesozoic(over 100millionyears
ago) to thepresenttime.

3. OtberPoints of Specific Relevance
Certaingeologicalelementsarerelevanttomentionherein showingthe
geological ties betwethe Malta Islands,the Ragusa-MaltaPlateauand
Sicily. (The geomorphologicalconnectionbetweenthese features is so
evidentas not to require comment.)

A. Malta'sCloseConnection withSicilyandtheRagusa-Malta
Plateau
The MalteseIslandsstructurallybelongto the Ragusa-Maita Plateau
area,whichisseparated fromtheMedinaPlateaubya riftzoneand,more
particularly,by the MedinaGraben,as mentioned above. In the Upper
Miocene - Early Pliocene- that is about 10millionyears ago - the
Maltese Islands emerged. Examining withdetail the structural setting
and evolution ofthe Malta Graben andthe MalteseIslands,it is possible
to makesomeimportantremarks:

Firsf,the MalteseIslandsare structuralla horstandthe Islandswere
generatedby a tiltingof the blocklyingon the north side of the Malta
Graben.
Second, the area betweensouthernSicily(Ragusa) and Malta, limited
tothe eastbythe Sicily-MaltaEscarpment,isconstitutedbya verythick
Mesozoic sequencecoveredbyCainozoicsediments progressivelythinning
from Westto east andfromsouthto north. In southeastSicily andnear
thelimitoftheSicily-Malta EscarpmentM , esozoicoutcrops. Thewhole
Ragusa-Malta area shows gentle undulations trendingmostly north-
east/southwest in the northern part. But also less pronouncednorth-
west/southeast trends can be identified. Faults are relatively rare
comparedto the area of majorgrabem{Malta, Pantelleria,Linosaand
Medina) andtheyare in generalolderbecausemostlyassociated withthe
Mesozoic extensional phase(sover 100millionyearsago) . (See Figure
No. 7.)

In somecases,thePaleocenefaultsystemsstoppedtheir activityduring
the firstgeneratingextensional phase.In othercases,they wererenewed
bysuccessivephases. Regionally,theRagusa-MaltaPlateauarea canbe
consideredasan asymmetricridgetrendingnorth-southandaffectedbya[IIId] TECHNICALANNEXTO THE MEMORIALOF LIBYA 215

clear andremarkable tilting movementnear the Sicily-Malta Escarpment.
Such tilting is associated withthe main extensional phase whichis here
that of Middle Jurassic (around 150millionyears ago), but the uplifting
and tilting movementsof the Plateau also continued into the Cretaceous
and, much more rnoderately, into the Neogene phase(approximately 10
million years ago).

The whole Ragusa-Malta Plateau area is affected by intense volcanic
activities which occurredat everyregional stretching phase. Four main
phases can be identified:Middle-Upper Triassic, Middle Jurassic, Upper
Cretaceous and Neogene-Quaternary. In this area al1phases produced

intense activitieswith thick to very thick volcanicintemals. Particularly
impressiveis the Middle Jurassic phase. In fact, the relative interval is
almost completelyconstituted by igneous rocks. But also theMiddle-
Upper Triassic showsa remarkable volcanicactivity with many basaltic
intemals in "Streppenosa" formation (Black Shale).

However, as shall be seen below, the Ragusa-Malta Plateau area is
characterised byolder volcanism,the mostconspicuousperiodbeing inthe
Middle Jurassic, with the volcanics rock lyingdeep belowthe surface of
the earth, between twoto four kilometresbeneath the surface. In fact,the
Middle Jurassic interval (that is the present layer beneath the surface of
the earth corresponding to this period) is almost entirely composed of

igneousrocksreflectingthis old periodof volcanismthroughout this area.
In contrast, the rift zone area of the Sicily Channel is marked by young
volcanism, mainly ofLate Miocene to Quaternary Age (less than 10
millionyears ago).
B.
The Rif ZtoneoftheSicil-vChannel and ItsYoung Volcanisrn
Over the past 230 miilion years approximately, the volcanism in the
Pelagian-Ionian Sea area has fallen into roughly four main phases men-
tioned inA. above. The phasesare açsociated with corresponding phases
of extensional dynamicsoccurring at roughly the same time and in the

sameareas. (The author's recent study dealswith this datainconsidera-
ble detaii.) As has been mentioned above, the principal and rather
remarkably intensive volcanism in the Ragusa-Matta Plateau area
occurred in themiddle of the Jurassic (approximately 150 millionyears
ago), although more limited volcanicactivity has taken place in each of
the four main periods.

Rifting rnovementsof the Neogene-Quaternary phase are associated
with prominent volcanicactivity. The most important outcropping vol-
canicshowsare thoseofthe Pantelleria and LinosaIslands. Butmagnetic
anomalies indicate that volcanismis present al1along the Sicily Channel
rift zone and that this volcanism iç young and near the surface. Aside

fromestablishingthe importance and depthof the rifting, this evidenceof216 CONTINENTAL SHELF [III-7]

young volcanism stressesthe recency of the rifting and that it continues
today. A typicalexampleofvolcanismintherift zoneisthe volcano lying
between the Malta and Medina ChanneIstothe southeast of MaIta and to

the northwestof the Medina Bank. This magnetic bodyisassociated with
a prominent magnetic anomaly. The Medina Mounts to the east, on the
evidenceof prominent magnetic anomalies, were also affected by volcan-
ism (see Figure No. 3 following page111-8of this paper).

Seismic evidenceof igneousextrusion are identifiedon severalpointsof
major grabens inthe SicilyChannel suchas the Pantelleria, Linosa, Malta
and Medina Grabens. Other shows are evident on the Sicily-Malta
Escarpment, and near the Medina Mounts (otherwise known as the

Medina (Malta) Ridge. Very clear seismic evidences of young (Neo-
gene-Quaternary) volcanicactivityexist in numerous pointsin the Ionian
Abyssal Basin and the Sirt Rise.

All these data show that this young phase of volcanism producedits
effect on avast part of the studied area. However, the area where this
phase caused byfar the most remarkable geomorphological modifications
is inthe SicilyChannel area. All major grabens such as those of Malta,
Linosa, Pantelleria and Medina were generated by the extensional
geodynarnicsrnarked by this volcanism.

4. Discussionof Figures

Aside from Figure No. 1, a number of similar seismic figures are
appended to this report followingpage 111-8.These Figures (from Finetti
( 1982))show objective geophysicaldata whichcontain interpretations of

evidencethat isclear to geoscientists. There can be noquestionabout the
intense faulting process of the Sicily Channel; these figures have been
prepared to make this fact evident to a non-expert just as schematic
diagrams might otherwise have done.

Figure No.2 showsthe Sicily-Malta Escarpment. FigureNo. 3shows
the Medina Mounts: Medina (Malta) Ridge. Figure No. 4 shows the
Medina Bankand Escarpment.

Figures Nos. 5 and 6 have beenincluded to showthe extent and impor-
tanceof the SicilyChannel rift zone. Thesefiguresrequire someexplana-
tion for a full understandingof their significance. The Figures, as the

captions reveal, show the effectofthe riftzone (coloured in yellow) on
layers of the present subsoilunderlying the Sicily Channel at the Top of
the Miocene'(Figure No. 5) and at the Top ofthe Mesozoic2(Figure No.
6).
-
'Approximatcl10 millioyearago.
'Approximaiel100 millionycarsago.[I11-81 TECHNICAL ANNEX TOTHEMEMORIAL OF LlBYA 217

Three principal pointsare intended to be illustrated by Figures Nos. 5
and 6, pointsalready touchedonin the precedingtext. First,the extent of

the rift zone ofthe Sicily Channel is shownextending al1the way east to
dividethe Sicily-Malta and the Medina Escarprnents and to join up with
the Medina Mounts (the Medina (Malta) Ridge). Second,the depth of
the rifting is shown onthese figures. It is clear that the rifting process
involvesboth the entire lower crust and the upper rnantle of the Earth
(see, for exarnple,the big gravity anomaly al1along the Sicily Channel

shownin Finetti (1973)). Historically,of course, neither Malta nor the
rift zone existed beforethis rifting process began (that is during the
Mesozoicwhichisdepicted by Figure No. 6); but the faultingstructure in
the rift zone nowactually extends into this mucholder layerof strata, and
even below,to the point that magmas rise up through the Earth's crust in
the form of volcanism. (Malta has been sketchedin on Figure No. 6 to
showits ultimate location, notbecause it then existed.) Third,the pres-

enceof young volcanism isshownalongthe rift zoneout alongthe Medina
Mounts - the Medina (Malta) Ridge - as wellas in the Ionian Abyssal
Plain to the north of the Mounts and in the Sirtise to the south. This
young volcanisrnalong the rift zoneillustrates the importance as wellas
the recency and currency of the rifting process.

Finally, FigureNo. 7, consistingof four separate figures showingSeis-
micLine MS-19,hasbeendescribedand discussedat pages111-3 and 111-4
above.218 [IV-I]

PARTIV

THE SEA-BEDMODELOF THE CENTRALMEDITERRANEAN

(The Model waspreparedunderthesupervisionofDr.William B.F.Ryan
by ThérèseLandry and Mary Ann Luckrnan at the Lamont-Doherty
GeologicalObservatoryof Columbia University,Palisades,New York.
Two photographsofthe Modelappearfollowingpage IV-2. Thefirstisa
north/south viewof the Modei;the secondis taken from the east and
showsthe importanceof the Sicily-Maltaand MedinaEscarpments.)

1. Sourceof Data and AreaCovered
This Modelof the Central Mediterraneanseaflooremploys as its base
the International Bathymetrichart of the Mediterraneanprepared by
the IntergovernmentalOceanographicCommission. This Chart is at a

scale of 1:1,000,000. The regionbounded by longitudesof 11 "E and
20°E and latitudesof 30°N and 3g030'Nwas selectedas the area to be
covered.
2. Contounng-Replotting at ReducedScale

Segmented intoa number of workable sections,the bathymetriccon-
'tours wereedefine.as x.y nurnbers ona HewlettPackarddigitizerand
computer. The contour data has been stored on flexibledisks which
facilitatesfuture and multinaturedworkwith the information. Forthe
purposesofmodel-making,thefiles - each representina mapsection-
were mergedto replotthe chart at the desiredscaleof 1:750,000.
3. Useof VerticalExaggeration

ThecreationofthethreedimensionalModelentailedapplyingavertical
exaggerationof 25 times the horizontalscale of the map (1:750,000).
Thisresultsin a moreinformative representationof the verticalreliefof
the earth's surface. The region exhibited has relief approxirnately
seven kilometresand is onlythe thin outer part of th6,371kilometre
radius of theearth.

A threedimensionalmode1with novertical exaggerationwouldexhibit
relief of about one centimetre or less tha1/2". Increasing vertical
exaggeration, acommonpracticeingeomorphologic figures , a magnifi-
cationof 25,displays reliefto nearly30centirnetres(12") the Model.
Thisallowseasycomparisonoftherelativedepths, heights,and gradients
of the earth's surface.
4. OtherTechnicalDetails

The "scaffolding"is constructedof Philippine mahogany marine ply-
wood and balsawd. A thickness of 114" represents the 200 metre
interval, while I/8", 1/16" and1/32" serve as 100, 50 and 20 metre[IV-21 TECHNICAL ANNEX JO THE MEMORIAL OF LIBYA 219

intervals respectiveiy. Materials and thickness were selectedin accord

withscaieand verticalexaggerationdesiredaswellastoierance,workabil-
ity and weight of the material.
A mixture of plaster of paris and limewas usedto smooththe contour
edges. This filling-inof terraces does not alter the accuracy of measured

depths, but rather results in a more realisticrepresentation of theor
surface. The barelydiscernablecontour edges guidethe colour-codingof
topography and bathymetry: on land darkening shades of brown distin-
guish intervals of 0-1000 metres, 1000-2000 metres, 2000-3000metres
and 3000rnetres plus;and atsea,shadesofbluegrowdarker withincreas-

ing depths of 0-500, 500-1000, 1000-2000, 2000-3000, 3000-4000and
4000 rnetresand greater. The horizontal accuracy of these intervals has
been ensured by a levellingdevice.
The mahogany siding servesan aesthetic, protective purposeand is not

intended to portraytopographic profiles.
As a whole,the Mode1measures roughly 118 x 120centimetres (44" x
45"). It is divided into two pieces for easier shippingand handling. VOLUME Il

DOCUMENTARY ANNEXES TO THE MEMORIAL
OF THE LIBYAN ARAB JAMAHIRIYA

Annex 1

SPECIALAGREEMEN BTTWEENTHE GOVERNME NFTHEREPUBLI CF MALTA
ANDTHE GOVERNME OFTHE LIBYANARABREPUBLIC FORTHE SUBMISS~ON

TO THE INTERNATIONACOURT OF JUSTICEOF DIFFERENCE, ARABIC AND
ENGLISH

[See supra,SpecialAgreemen8andp.51

Annex2

~NSTRUMENTSOF RATIFICATIOEXCHANGED ON 20 MARCH1982: (a) LIBYAN
INSTRUMEN OTFRATIFICATI OENGLISHTRANSLATIO ;(bMALTESE INSTRU-
MENTOFRATIFICATIO;NRABICTRANSLATION

[SesupraSpecial Agreement:(a)p. 16andp. 14; (b)p. 14andp. 151

Annex3

JOINTLEITEROFNOTIFICATIOOF26JULY 1982

[SeesupraSpecialAgreemenpp.3-41

Annex4

LETTER EXCHANGECION 23MAY 1976:(a) MALTESLEITER INENGLISHAND
ARABIC b) LIBYANLETTERINARAB~ CNDENGLISH

[SeesupraSpecial Agreem:(a)p.9undp.Il (b)p.10andp.91 CONnNENTALSHELF

Annex 5

PAGE3 S261 TO3264 OFWUST" ,ONTHE VERTICA CLIRCULATI OONTHE
MEDITERRANE S EN"

Absiraci. In this analysis of about 600 stations (200winter and 400 summer
stations) the first attempt is made to study, with the help of the "core method",
the mean steady state of the deep circulation within the whole expanse of the
Mediterranean, divided by silis into eight bInspite of the aperiodic fîuc-
tuations, we have got some indications of the seasonal variations of the Levan-
tine intermediate current, which has its maximum in the winter. At the surface,
six water types are formed which spread out, eithcr by measurable currents or
by weak advectional processes,in six core layers and'causerenewal and ventila-

tion al1the way to the bottom of the basOnsthe whole, the Mediterranean
vertical circulation offers, by the transformation of the entering Atlantic water
type to the Mediterranean types, an excellent example of interaction between
atmosphere and sea. This isdemonstrated by a three-dimensionalblock diagram
of the verticalcirculation and of the salinitydistribution during winter.

Byits intercontinental situation in the midst of a subtropicallimate
and bv its momhoionical structure. the Mediterranean Sea offers a uniaue field
for théapplicGiond the so-called'"core method". This method one to
follow the spreading and mixing processesof main water masses along their
curved core layers, characterized byintermediate maxima or minima of salinity,
oxygen,and temperature. In this way the main features of the mean steady deep
circulation can be delineated in the whole expanse of this enclosed seaand for
different seasons.
By means of the vertical distribution of salinity, oxygen, and temperature we
can identifyfour differentcore masses:(1)The near-surfacewaterof Atlanticori-
gin betweenOand 75m depth (2)the intermediatewaterbetween200and 600m,
(3)the deep water between 1,500and 3,000m; and (4) the botiom waier at

depths to 4,200m. 1should like to demonstrate with four maps and four dia-
grams the main results of Our recent study on the deep circulation for which
about 600 stations (about 200 winter and 400 summer stations) of 12research
vesselsare availab[Wüst, 1960,19611.
The first core map (Fig. 1)concernsthe Levantineintermediatewch ara^
terized by the maximum of salinity, which, exceptfor the source region in the
northern Levantine basin, is found in the whole Mediterranean at various mor-
phologicallyinfluenceddepthsbetween200and 600m. Iformedin Febniary and
March on both sides of Rhodes, where at the surface there is a combination of
low temperatures (about 15') and high salin(39.1%),Le., conditions favo-
rable for a vertical thermal-haline convection reaching to a depth of about 100-
200m. From this winter source region of high salinity the Levantine inter-
mediate water spreads out within the core layer to al1westernbasins.
After having passed the central Ionian basin the main flow goes over the
Sicilian ridge through the Strait of Sardinia and dong the continental slope of
North Africa. This flowattains more and more the character of a real boundary
current with measurable velocities, which we cal1the Levantine intermediate DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 223

current.It finds its continuation in the outgoing undercurrent through the Strait
of Gibraltar whcrc this undercurrent in 275-mdepth reaches the high velocities
of more than 100cm/sec.
In the surnmer the Levantine intermediate current is perctptibly wcaker than
in winter (Fig2).But apart from this fact the main trends of the distribution of
the salinity within the cote layer remain the sinsummer as in winter, which
confirms the belief that the inhomogeneitiesin the observation matenal and the
apenodic fluctuations of salinityand other disturbing effectsare of second order
of magnitude.
The fact of a seasonal variation in the strength of the Levantine intermediate
currentisclearly demonstrated by the two longitudinal sectionsof salinityalong
the main axis of its flow,as shown in Figu3.The near-surface Atlantic under-
current to the east and the Levantine intermediate current to thWest repre-
sent the most important branches of the Mediterranean deep circulation.
The spreadingand themixingprocessesof the latter canalsbedescribedby means
of T/S curve for winter and summer, as showninFigure 4.
One end point of the winter normal curves represents the conditions at the

source region. CONTINENTAL SHELF

Annex 6

PAGES288 AND 289 OF STANLEY ET AL.,"STRAIT OF S~C~L DYEPOSITIONAL
RATES AND PATTERNS,AND POSSIBLR EEVERSA OLF CURRENTSIN THE LATE
QUATERNARY"

some exceptions) generally decrease with depth, i.t., from the shallow banks to
the neritic-bathyal platfonn to the deep basins. With the C data at 5),d (Fig.
it appears that deposition in al1 environments, except in the two deep basin
cores (Ges-63, 109)that have higher ash and turbidite layers, has been relatively
constant in the late Quaternary. However, there is a significant diffcrenccin the

age of sediments at the tops of cores in the different environments. In shalïow
banks, the tops of some cores are truncated in the late Pleistoceneto early HoIo-
cene; in the neritic-bathyal platforrn, in the carly Holocene; and in the deep
basins, sediments have accumulatedoa fairly continuous basis from the Pleis-
tocene until the recent (F3, 5).
The vertical lithofacies sequences in the shallow-bank and neritic-bathyal
environments can be closeIyrelated with the Quaternary dynamics. The upward-
coarsening and upward-fining sequencesin shallow environments clearly reflect
bottom conditions related to eustatic oscillations; Le.,shell bank concentrations
increasedas sea level dropped, banks became shallower and bottom current
activity intensified, and viceversa.rne banks, fine-grained sediments have
accumulated since the rise of sea level; on others there has ken tnincation and
non-deposition sincethe last eustatic lowstand.
At intermediate depths, bioturbation is evident throughout the cores. This
homogenization showsthat rates of reworking by benthic organisms have been
relativelymore important than sediment input and accumulation throughout the
late Quaternary. Equally significantareCtdates which indicate that oceano-
graphic conditions directly affectingthe seafloor changed markedlybetweenthe
late Pleistoceneand the early Holocene, and that non-deposition and/or erosion

have prevailedsince abou10,000years B.P.
In contrast, none of the above changes are noted in the deep Strait basins.
Rates of sedirnentation approximate thosc on the neritic platform but a some-
what lower benthic population on the basin floors has resulted in a relatively
lower degreeof bioturbation and better prcscrvation of stratification. Further-
more, there are no obvious changes in cithtr lithofacies sequence patterns or
sedimentation rates between the late Pieistocene and recent, a period of at least
30,000 years. Although the depth of the three deep Strait basin plains
(1300-1700m) is wellbelowthat at which sapropel layers are found elsewhcrein
the central (Adriatic) and eastern (lonian, Levantine basins) Mediterranean, no
sapropels or other distinct evidence of stagnation are noted in the basin cores.
On the contrary, structures made by benthic organisms are commonly observed
indicating that the deep narrow Strait basins remained sufficientlyoxygenated
to support benthic population throughout the late Quaternary. Thus, it appears
that vertical mixing prevailed on an almost continuing basis as a result of water
mass movement across the Strait of Sicily at a time when sapropels were accu-
mulating under stagnant conditions in the adjacent eastem Mediterranean (cf.,
note sapropel at top of core LY-11-3). DOCUMENTARYANNEXES TO THE MEMORIAL OF LlBYA

In this respect, coLY-II4A Westof the Strait narrows (Fig. 3) isof interest.
The rate of sedimentation here is higher than in many other sectors. The mud at
the top of corLY-114A is dated as eady Holocene (about 11,000-10,000years

B.P.) o,well after sea level had begun to rise. Inasrnuch as this core lies at a
depth of 755 rn,the eustatic oscillation alone is not believed to be the primary
factor for erosion or non-deposition in this sector. The region just west of the
Strait narrows may be cntical for interpreting Quaternary oceanographic fluctu-
ations since it occupies a zone of particularly strong current rtgime. Currents
accelerate in the constricted narrows and deceleraas the Strait widens witha
probable increase in deposition away from the narrows. Thus, wewould expect
that cores collected in the vicinity ofthe narrows would provide the best record
of water mass-bottom current fluctuations in the recent geologicalpast.
It is probably not accidental that there is an apparent correlation betweenthe
time of truncation of core tops on the Strait platform and that of protosapropel
and sapropel formation (sapropels aredated at about 9000-7500ycars B.F .cf.,
Ryan, 1972; Van Straaten, 1972) in the castern and central Mediterranean.
Independently, other workers (Colantoni and Borsetti, 1973)record microfaunal
changes in the Linosa and Malta basins at about this period. One possible
explanation for these early Holocene depositional and faunal changes isa tem-
porary short-term reversa1of surface and deeper water flow (Olausson, 1961;
Mars, 1963; Huang et al., 1972; Müller, 1973; Nesteroff, 1973;Huang and
Stanley, 1974; and others).At present,lessdense water flows(>30cm/sec) south-
eastward above northwestward-flowing (32cmlsec) Levantine water (Mol-
card, 1972).We illustrate an eariy Holocene current reversa1mode1that depicts
the northwestward movement of less dense surface water in response to the
early Holocene climatic evolution (Fig6).Surface water salinity and tempera-
ture conditions (Farrand, 1971) certainly were altered in the Mediterranean
dunng the warming phasc of the climatic curve, but the degrec of stratification
resulting from this remains a point of conjecture (Letolle and Vergnaud-
Grazzini,1974).
Nevertheless, Ourstudy does show (1) that the sea floor of the Strait of Sicily
remained ventilated and swept bycurrents at a time when anaerobic conditions
prevailed in the Ionian-Levantine basinseast of the Strait, and that (2) the Strait
did not completely block circulation between the eastern and western Mediter-
ranean basins. Weconclude that Ourobservations are best explained in terms of
eady Nolocene paleo-oceanographic changes includingpossible reversal of cur-

rents. The latter concept requires further testing and we suggest that the Strait
of Sicily, the major sill separating sapropel nch eastern Mediterranean basins
from non-sapropel basins in the west, is clearly one of the key sitesin which to
investigatethis problem. CONTINENTAL SHELF

Annex 7

PAGES 445 AND 453 OF WINNOCK ",STRUCTURE DU BLOCPELAGIEN"

The paper deals mainly withthe general structure of the pelagian block. The
seismicgivesus, withthe top Miocene, a very usefulmarker with whichto show
the regional structure. This is because it is a strong, characteristic, and very
continuous marker.
Fig. 2 is a isobathymetric map of this rnarker at the top of the Upper Miocene
or base of the Pliocene. Fig.3 shows the isopacks of the Plio-Quaternary ùeds.
Finaiiy (Fig. 4) there are two geological sections, with an exaggerated vertical
scale, showing the structure of the Pelagian Sea between Sicily and the African
coast.
The principal features a:e

(1) The existence of a series of "Tunisian Trenches" forrning together with the
already well known Sicilian Channel, a structural cornplex throwing light
on the recent distensivehistory of the region.
(2) The importance of the post-Miocene tectonics. Faults of Pliocene age, and
more recent ones, have cut into horsts and grabens large areas of the Pela-
gian Sea.
(3) The post-Miocene subsidence of the Gela Basin: the Messinian beds
indicate there are differencesof lof3,000 rn, and perhaps up to 5,000m.
(4) These major post-Messinian events leave little room for any hypotheses
suggesting that the Mediterranean had already its present day morphology
at the time of the "Messinian salinitycrisis".
(5) The thickness maps ofthe Plio-Quaternary sediments are a useful guide for
bringing together the fragrnentary evidence available about the present day
sedimentary rhythm.

There is also a special emphasis concerning the Siculo-tunisian troughs. The
.500m isobath clearly defines the limits of the three troughs of the Sicilian
Channel : Pantellaria(- 1,300m), Linosa (-1,600 m) and Malta (- 1,700m).
The Channel is separated frorn the Caltanissetta-Gela Basin in the north by the
Adventure Bank-Madrepore Bank-Malta Bank alignment. In the south the
Channel isseparated from the Gabes-Ashtart Basin by the Tunisian plateau.
The Sicilian Channel is characterized by a rather strong fault structure
developed during the Pliocene at the expense of the sedimentary surface(Messi-
nian) or erosion surface (Terminal Miocene). During the Lower Pliocene an
extrernelydense block faulting affected the Plateau. During the Upper Pliocene
subhonzontal sedirnentary beds,

Le plateau Tunisien est une zone stable et peu subsidente ou le Miocénese
trouve i moins de 200 m. La sédimentation pliocéne estdonc d'épaisseur
réduite. DOCUMENTARYANNEXES TO THE MEMORlAL OF LlBYA 227

Lesfailles ont généralemenut n rdle encore modeste.Toutefois, quelquesgra-
bens apparaissent A l'Est; sillon Tripolitain, fosséde Jarrafa (Fi5.B) ou B
l'Ouest: fossésde la régionde Mahdia. Or, àla différence des sillonsorientaux,
caractériséspar un déficitsédimentaireet visibles en bathymétrie,les sillons
occidentaux, comblés, nesont pas décelablessur lescartes marines. Pourtant ils
ont, les uns et lesautres, une profondeur pouvant dépasser1000m (Fig.2).
Les îles de Lampione et de Lampedusa marquent la limite nord du plateau
Tunisien.
Le passage du plateau Tunisien au chenal de Sicile se fait par une terrasse
failléetrés complexe, comprise entre les isobathes -200 m et -500 m où se
trouvent les hauts-fonds de Birsa, d'Halk et Menzel, de Babouch (Fig.5C), de
Bouri.

4. Chenalde Sicile
C'est une unité géographique dépriméd e,'orientation NW-SE, trésfaillée,
caractériséepar laprésencede grands fosséstectoniques et d'uneactivitévolca-

nique quaternaire. IIest circonscrit par l'isobathe -500 m et s'étenddu largedu
Cap Bon au Sud de Malte sur 350km, avec une largeurde 1OOkm.
Trois fosséset deux îles d'originevolcanique sontleséléments morphologiques
marquants du chenal de Sicile;
- le fosséde Pantellaria dépasse1300rn de profondeur ;
- le fosséde Linosa approche 1600m;
- le fosséde Malte, le plus longet le plus profond, dépasse1700m;
- l'îlede Pantellaria culminA 836m ;
- l'îlot de Linosa, de dimensions plus modestes, a pour point culminant le Mt
Volcano, 195 m. CONTINENTALSHELF

Annex8

MAPDEPICTINSETTLEME NATTERNISMALTA

[Nor reproduced]

Annex 9

MAP SHOWINGTHEPOSITIOFLIBYAANDMALTA ITHECENTRAL
MEDITERRANEAN

[Nolreproduced]

Annex10

TOPOGRAPH MICOF LIBYA

[Noreproduced] DOCUMENTARY ANNEXESTO THE MEMORIALOF LlBYA

Annex 11

PAGE 52OF MORELL ETAL, "BATHYMETG RYR.AVITYND MAGNETISM INTHE
STRAI TF SIC~LAND IN THEIONIASEA"

5.GEOLOGY

The Strait of Sicily has been studied from the geologic-tectonic point of view
by Castany (1956)and by Burrolet (1967); from the geophysical point of view
by Zarudzki (1972),who considered also the work of previous geophysicists,
summarized by Harris(1955and Gantareîal(1961).

According toCastany(1956), Tunis and Sicily consaicommon oro-
genicframe, an out-building of the African stand, affectedby transversal irregu-
larities. Although this "mosaic stmcture" allowed the cornpartment working, it
shows common features, and both areas produce great analogies. CONTlNENTAL SHELF

Annex12

PAGE3139 OFDEWEY ETAL. "PLATf E ECT~ONICASND THE EvoLuTION OF THE
ALPINE SYSTEM"

Compressionalboundaries result in three basictypesof tectonicfeatures. First,
the simple deep-sea trench-island arc system such as the Aleutians and To,ga-
Kermadec; second, the more complex trench-volcanic arc continental margin
system such asthe Pem-Chile trench and the landward complex of the Andes;
and third, the compressional interaction between two continental portions of
plates sucas the India-Asia collisionthat produced the Himalayan orogeny.
It has been proposed by various workers (Argand, 1916; Hei1922; Staub,
1924)that the causal mechanism for the Alpine orogeny in Europe was com-
pressional motion between Africa and Europe. Reconstructions of Laurasia

(notably that of Bullard and other1965)show an eastward-wideningTethyan
seaway between Europe and Africa. AsEurope and Africa drifted away from
North America along separate paths, the seawayslowlyclosed. It isthis closure
that some previous workers have descnbed as the cause of the Alpine orogeny.
fn the framework of the theory of plate tectonics, this wouldappear to be the
correct mechanism, but two problems previously precluded adetailed analysis
of the orogenic history of the Alpine systemin terms of the relative motion of
Africa with respectto Europe. First, the history of drift in the Atlantic was not
known, and hence the temporal and spatial pattern of relative motion between
Africa and Europe could not be determined. Second, there are at present a
number of microplates between Africa and Europe, each in motion with respect
to al1 adjacent plates (McKenzie, 1970).The present motion between these
plates is complex (Fig. 1). Although the present relative motion of Africa with
respectto Europe is northward compression,the relativemotion that is occurring
at the southem border of Europe is not simply compressional but varies due to
the interaction of the inte~ening microplates. The situation may have been
equally complex during much of the history of Tethys. There probably never
wasonly a singleplate boundary between Africa and Europe; but rather, there

was at al1 times a network of compressional, extensional, and transform
boundaries.
Smith (1971)recently attempted an analysisof the Alpine systembased on the
assumption. DOCUMENTARYANNEXES TOTHE MEMORIAL OF LlBYA

Annex13

ACT No. XII OF1953

An Act to provide forregulating the catching,londingund sole offÏ~h, and
for purposes connectedtherewith.
Be it enacted by the Queen'sMost Excellent Majesty,by and with the advice
and consent of the LegislativeAssemblyof Malta, asfollows :

1. This Act may be citedas the Fish Industry Act, 1953.

2. In this Act, unless the context otherwise requir:s
"Minister" means the Minister who, for the time being, is responsible for the
FisheriesDepartment ;
"Malta"means the Island of Malta and its Dependencies;
"Fishing boat" means a vessel of whatever size and design,and in whatever
way propelled, registered in Malta which is, for the time being, used for the
purpose of fishing;
"Foreign fishing boat" means a vessel of whatever size and design and in
whatever way propelled, not registered in Malta which is, for the time being,
used for the purpose of fishing;
"Fishing" means the art of catching every description of fish or shellfish or
corals or plants found in the sea;
"Fishing implement" means any nets, lines,floats, lamps or other instruments

usuallyused for the purpose of fishing;
"Skipper" includes, in relation to any vesse1the person for the time being
in command or charge of that vessel.
3. (1) It shd belawfulforthe GoverningCouncilto make,Varyor repeairegula-
tions for carrying into effect the provisions of this Act, and without prejudice to
the generality of this power to make regulations for al1or any of the following
purposes, and to establish the penalties not exceeding in any case a fine (multa)
of fifty pounds to which any offender of any of the Regulations made under this
Act shallbe liable:

(a) for the registration of fishing boats and of persons engaged in
fishing;
(bl to regulate the use of îïshing implements, for presewing order among
fishermen and preventing them doing damage to the fishing implementsof
others;
(c) to regulate the landing and storage of fish, its preservation and its
utilization in the manufacture of by-products;
(d) to regulate the sale and distribution of fish and the licensing of
persons connected therewith;
le) to regulate the use of boatslips, fishing boat moorings and other har-
bour facilitiesintended for the use of Fishingboat;
a for maintaining order, sanitation and cleanlness in the wholesale
fishmarket ;
(g) for prescribing the requirement of a licence from the Minister in re-232 CONTINENTAL SHELF

spect of persons acting as "skipper" or "second hand" of any class or des-
cription of fishing boats specified in the regulations and the terms and
conditions on or subject to whichsuch licencesshall be issued;
(2) Regulations made under this Act shall be laid on the Table of the
LegislativeAssemblyas soon as may be after they are made, and if the Legisla-
tive Assembly, withina period of twentydays, beginning withthe day on which
any such regulations are laid before it resolvesthat they be annulled or amended
the same shall cease to have effect or shall be so amended but without prejudice
to anything previously done thereunder or to the making of any new regula-
lions. In reckoning any period for the purpose of this sub-section no account
shall be taken of any tirneduring whichthe LegislativeAssemblyis dissolved or
prorogued or during whichit is adjourned for more than four days.

4. (1) No person on board a foreign fishing boat shall fish or attempt to fish
whiiethe boat is within the territorial waters of Malta.
(2) If aforeign fishingboat, having on board fishing implementsof any kind,
anchors without just cause (the proof whereofshall lie on the skipper) anywhere
within the territorial waters of Malta, except inside the Valletta Grand Harbour,
the skipper of the boat shall be deemedto be fishing.
(3) In the event of any contravention of this section, besidesthe fine imposed
by this Act, the Court, shall, on conviction,order the forfeiture of any fish that
may be on board of the boat concerned at the time of the offence.

S. (1) Fresh fish, other than fish caught by a fishing boat registered in these
Islands, may not be landed in Malta without the previous permission,in writing,
of the Controller of Fisheries.
(2) A permit issued uqder this section shall bevalid onlyfor the day on which
it is issued, unless otherwise stated on the permit, and may contain such provi-
sions as may appear necessary to the Controller of Fisheries. Such permit does
not exempt the holder from the provisions of the Customs Ordinance (Chapter
60) and other Statutory lawsregarding the landing of goods in these Islands.
(3) The skipper of a vesse1from which fishis landed and the consigneeof such
fish or either of them shall furnish to the Controller of Fisheriesal1the informa-
tion that may be required as regards the origin, sale and disposa1 of any fish
landed.
(4) Fresh fish, other than fish caught by a fishing boat registered inthese
Islands, shall belanded only at the Wholesale Fishmarket, Old Barriera Wharf,
Valletta: provided that the Controller of Fisheries may, at his discretion, allow

fish tobe landed elsewherein the presenceof a FisheryOfficer.
(5) Any person who contravenes or fails to comply with any terms or condi-
tions of a permit issued under this section shall be guilty of an offence under
this Act and any person who lands fish in contravention of this section, besides
being liableto the fines imposed bythis Act, shall, on conviction, also suffer the
forfeiture of the fish so tanded.
(6) A fee offive shillingsshall be paid at the Fisheries Department in respect
of each permit issuedunder this section.
6. (1) The Minister may, by an Order published in the Government Gazette,
prohibit, limit or regulate the importation or landing in Malta of fïsh whichhas
been frozen, chilled, canned, salted or which has undergone any process of
curing or preservation.

(2) Without prejudice to the generality of the powerconferred by this section,
an order made under this section may determine for any such period as may be
specified inthe order : DOCUMENTARY ANNEXES TO THE MEMORlALOF LlBYA 233

(a) the description of such fish asaforesaid which may be landed in
Malta;

(bl the quantity of such fish, or of any description thereof, whichmay be
so landed, and under what conditions such fish may be landed; and the
order may contain such provisions as appear to the Minister to be ne-
cessary for securing the due operation and enforcement of the scheme of
regulation in the order.
(3) Any person who contravenes or fails to comply with any provisions
contained in any order made under this section shall be guilty of an offence
under this Act.

7. Where any provision of this Act confers a power to make an order, the
power shall be construed as including a power, exercisablein the like manner, to
Varyor revoke the order by a subsequent order.

8. Any licence,permit or permission granted for the purpose of any ReguIa-
tions made under this Act, may be revoked at any time by the authority or
person empowered to grant it.

9. (1) The Governor-in-Council may appoint Fishery Officersto ensure that
the provisions of this Act and any Regulations and Orders made thereunder are
strictly complied with.
(2) Fishery Officers appointed as aforesaid shall, in the discharge of their
powers and duties, have al1the rights, powers and duties vested in or imposed
on Officersof the Malta Police.

10. (1) For the purpose of enforcing the provisions of this Actand any Regu-
lations and Orders made thereunder, a Fishery Officer may, with respectto any
foreign fishing boat when within territorial waters, and with respectto a locally
registered fishingboat anywhereexercisethe followingpowers:

(i) go on board ;
(ii) require the skipper to produce any certzcate of registry and other
documents pertaining to the boat ;
(iii) seize such documents and order the skipper to take his boat into
harbour.
(2) For the purposes of this section any Police officer or any Officer of
Customs and Excise shall exercise any of the powers conferred by this section
on Fishery Officers.

11. If any person obstructs any Fishery Officer in acting under the powers
conferred by this Act, or refuses to comply with any directions lawfully made,
or to answerany question lawfullyasked, by any Fishery Officerin pursuance of
this Act, such person shalbe guilty of an offenceagainst this Ac:

Provided that no person shall be compellable to answer questions which may
criminate him.
12. Where any offence against this Act has been committed by any person on
board a fishing boat or on board a foreign fishingboat, the skipper of such boat
shail in every casebe liable to bedeemed guiltyof such offence:
Provided that if he proves that he issued proper orders for the observance,

and used due diligence to enforce the observance, of this Act, and that the
offence in question wasactually committed by some other person without his
connivance, he shall not be liable to any punishment.234 CONTINENTAL SHELF

13. Any personguiltyof an offenceunderthis Act shall,on conviction,be
liableto a fine(multaofnot lessthan£10,butnotexceeding£50 foreachsuch
offence.
14. Wherethe factconstitutesa moreseriousoffenceunderany otherlaw,

the provisionsof that lawshallapplyin lieuof thisAct. DOCUMENTARY ANNEXESTO THE MEMORIALOF LlBYA

Annex 14

(a) MALTESEPETROLËUM(PRODUCTION) ACT,1958
ACT No. IVOF 1958

An Acf ro vest in the Maltese Governmenfthe property in petroleum and
naruralgus withintheseIslandsund ro make provision withrespectto the sear-
chingand boringfor andgertingofpetroleum andnaruratgns,andfor purposes
connecredwith themartersaforesaid.
Be itenactedby the Queen'sMost Excellent Majesty, by and with the advice
and consent of the LegislativeAssernblyof Malta, as follows:

1. This Act may be citedas the Petroleurn (Production) Act, 1958.

2. In this Ac- '
"Licence" means a licencegranted pursuant to this Act and includes apetro-
leurnmining concession;
"Malta" means the Island of Malta and its Dependencies and the land under-
lyingthe sea waters adjoiningthe sarne;
"Minister" rneansthe Prime Minister of Malta and includessuch other Minis-
ter or Ofîïcer as rnay be authorised by hirn from time to time for any of the
purposes of this Act;
"Petroleum" means al1 natural hydrocarbons Iiquid or gaseous including
crude oil, natural gas, asphalt, ozokerite and cognate substances and natural

gasoline.
3. (1) The property in any petroleum in its natural condition in strata where-
soever existing in Malta is hereby vested in the Maltese Governrnent and the
Maltese Govcrnment shall have the exclusiveright of searching and boring for
and getting such petroleum.
(2) Any person, who, without a licence granted under this Act searches or
bores for or gets petroleurn shall be guilty by reason merely of having done so
and without prejudice to prosecution under any other provision of law, of an

offence and shall be liable on conviction toa fine (rnulta) of no1less than two
hundred pounds but not exceeding five hundred pounds for each day during
which the offence continues, which fine (multa) shall also be applicable for the
purposes of subsection (3)of section 389 of the Crirninal Code(Chapter 12)and
in addition al1petroleum so gotten shall be forfeited to the Maltese Govern-
ment. Nothing in this Act, however, shall bcconstrued as irnposingany penalty
on any person where in the course of lawful boring in search of water or of
other lawfuloperations, petroleum is set free.
(3) The prohibitions imposed by or under this Act and the rights by and
under this Act vested in the Maltese Government, in the Minister,in any Officer
of the Government, and in any holder of alicenceunder this Act shall have full
effectnotwithstanding the provisions contained in section 360of the CivilCode
(Chapter 23)or in any law which may be incompatible with such prohibitions
and rights:236 CONnNENTAL SHELF

Provided that nothing in this Act shall be construed as conferring, or as
enabfing the Minister to confer, on any person, whether acting on behalf of the

Maltese Government or not, any right which he does not enjoy apart from this
Act, to enter onor interfere with land.
4. (1) The Minister shallhave the powerto grant to such persons as he thinks
fit licences to search and bore for and get petroleum, including petroleum
mining concessions.
(2) Any such licence shall be granted for such consideration (by way of
royalty andlor otherwise) as the Minister rnay determine, and over such areas,
for such periods and upon such other terms and conditions as the Minister
thinks fit.

(3) Without prejudice to the generality of the last preceding subsection, the
terms and conditions of any such licence rnay in particular, if the Minister so
determines include provision for the followingmatters :
(i) the rates of royalties to be paid in respect of any petroleum won in
the exerciseof the rights conferred by the licence,the method of calculation
of the amount of such royalties and the manner of payment thercof;
(ii) the surface rentsto be charged in respect ofthe areas of the licence;
(iii) the working obligationsattaching to the licence;
(iv) the division between the Malttsc Government and the iicensee of
profits derived from the saleor disposa1of petroleum won in the exerciseof
the rights conferred by the licenc;
(v) the suppiy from time to time of information by way of returns,
reports, notices, records of operations or otherwise.

(4) The Minister shall as soon as rnay be after granting a licence under this
section, cause a notice of the fact to be published in the Government Gazette
statingthe name of the licenseeand the situation of the area in respect of which
the licencehas been granted.

5. (1) The Minister may make regulations generally for regulating the ex-
ploration, prospecting and mining for petroleum and for carrying out the pro-
visions ofthis Act and in particular, but withoutprejudioeto the generalityof the
foregoing, for fixing the feeschargeable in respect of licencesand for regulating
the drilling for and production of petroleum and the conservation of the petro-
leum resources of Malta, and such regulations rnay also provide for estab-
lishing the penaltiesfor the breach of any of their provisions, which penaltiesrnay
include a fine (multa or ammenda) exceeding the maximum provided for in the
Criminal Code (Chapter 12), awardable in the case of continuing offences for
each day during which the offence continues and applicable also for the
purposes of subsection (3) of section389 of the Criminal Code (Chapter 12).
(2) Any Regulations made under this section shall be laid before the Legisla-
tive Assembly as soon as may be after they are made, and if the Legislative
Assembly, within the next forty days after any such Regulations are laid before
it, resolves that the Regulations shall be annulled, the Regulations shall thence-
forth be void, but witboiit prejudice to anything previously done thereunder or

to the making of new Regulations ;
Provided that there shall not be included in the computation of the said forty
days any period of eight or more consecutivedays intervening between any two
consecutivesittings of the Legislative Assembly.
6. (1) (a) Any person to whom a licenceis granted under this Act rnay apply
to the Governor for permission to examine any specified area of land with a
viewto its possible acquisition on behalf and for the use of such appiicant and if238 CONTINENTAL SHELF

1. This Act rnay becitcd as the Peiroleurn (hoduciion) (Amendment) Act,

1965,and shall be read and construed asone with the Petroleum (Production)
Act, 1958,hereinafter referred to as "the principal Act".
2. Section 2 ofthe principal Actshall be arnendedas follows:
1
(a) immediately after the words "In this Act" there shall be added the
words "unlessthe context otherwiserequires" and the followingdefinition:
"'the continental shelf means that part of the seabed and subsoil of the
subrnarine areas adjacent to the Coast of Malta but outside territorial
waters over which Malta is entitled by international law to exercise
sovereignrights for the purpose of exploring it and exploiting its natural
resources;"

(bj forthe definition of "Maltan there shallbe substituted thefollowi:g
"'Malta'meansthe Island of Malta, the Islandof Gozo,the other islands
of the Maltese Archipelago, the landunderiying territorial waters and the

continental shel;".
3. In subsection (2) of section 3 of the principal Act, immediately after the
words "or gets petroleum", there shall be added the words "on, under or frorn
any lands in Malta".

4. In subsection (1) of section4 of the principal Act, immediately after the
words "and get petroleum", there shall be added the words "on, under or from
any lands in Malta".
5. In subsection (1) of section5 of the principal Act, immediatcly &ter the
words "and rniningfor petroleurn", there shall be added the words"in Malta".

6. Any regulations made under section 5 of the principaAct shall be deemed
to have been made under the.principal Act as arnendedby this Act.DOCUMENTARY ANNEXESTOTHEMEMORIAL OF LIBYA 239

Annex15

MALTES EONTINENTSA HLELACT,1966

ACTNo.XXXVOF1966

[SeeMernorialoMaltaAnnex I, infra] CONTINENTALSHELF

Annex 16

MALTESE PETROLEU(M PRODUCTION R)EGULATION 19.69
DATE OFCOMMENCEMENT: 23SEPTEMBER 1969

In exercise of the powers conferred by section 5 of the Petroleum (Produc-
tion) Act, 1958,and by that section as applied by subsection (2) of section 3 of
the Continental Shelf Act, 1966,the Prime Minister has made the following
regulations:

1. These regulations may be cited as the Petroleum (Production) Regulations,
1969.
2. ln these regulations, unless the context otherwise requi:es

"the Act of 1958"means the Petroleurn (Production) Act, 1958;
"the Act of 1966"means the Continental Shelf Act, 1966;
"company" rneans a limited liability company constituted in accordance
with the law of Malta or a similar body corporate established or incorpo-
rated outside Malta;
"continental shelr'has the same meaning as is assignedto it in sectio2 of
the Continental Shelf Act, 1966;
"licence" means a licence pursuant to the Act of 1958or pursuant to that
Act and to that Actas applied by the Act of 1966;
"licensee"means the company to whom the licenceisgranted, its represen-
tative appointed under the licenseeand any company to whornthe rights
conferred by the licencernaylawfullyhave been assigned;
"Malta" has the same meaning as is assigned to it in section 126 of

the Constitution of Malta;
"Minister" has the same meaning as isassignedto it by section 2 of the Act
of1958 ;
"person" includes a body or association of persons, whether incorporated
or otherwise.
3. (1) Anycompany may apply in accordance with these regulations for-

(a) a production licence;or
(b) an exploration licence.

(2) A production licence may also provide for the rights to search for
petroleum.
4. (1) An application for either type of licenceshall be made in writing in the
form set out in the First Schedule hereto or ina form substantially to the like
effectaddressed to the Minister and shallbeaccornpanied by the appropriate fee
and by such information and by such evidence in support thereof as is referred
to in that Shedule and isappropriate to that application.
(2) If any of the matters stated in an application shall change after the
application is made but before a licence is granted or the Minister informs the
applicant that the application is refused,the applicant shallforthwith givenotice
in writing to the Minister givingparticulars of the change.
(3) Al1information cornprised in or furnished to the Minister in pursuance of
an application for a licenceshall be treated as c~~dential.
(4) Every application for a production licence pursuant to these regulations
shall be- DOCUMENTARY ANNEXES TO THE MEMORIALOF LIBYA 241

(a) in respect of one or more blocks described or specified by a notice
published inaccordance with the next followingparagraph;
(b) lodged not earlier than or later than the dates specified by such a
notice asthe dates after and before which respectivelythe Minister is
prepared to receiveapplications in respect ofthe blocks so specifi;d

and shall not compromise any part of a Mock.
(5) The notice referredto in the last foregoingparagraph is a notice published
from time to time by the Minister in the Government Gazette describing or
specifying by reference to a map deposited at the office of the Minister and at
such other places (if any) asmay be specifiedin the notice, areas (in these regu-
lations referred to as "blocks") to which referencenumbers shall be assigned, in
respect of which he is prepared to receive app1icationsfor production licences
and specifying the dates within which applications in respect of the blocks so
specifiedare to be made.
(6)An application for an exploration licence may be made in respect of the
whoIe or any part of Malta and the continental shelf, but so that the rights
conferred by any exploration licence whichisgranted shall not be exercisable in
any area in respect of which a licence granted by the Minister is for the time
being in force, entitling the grantcc thereof to search and bore for and get petro-
leum, except with the agreement of the holder of that licenceto the exercise in
that area of any rights granted by that exploration licence.
(7)Nothing in this regulation shall prevent more than one application being
made by the same Companyor more than one licencebeinggranted to it.

5. (1) Unlessthe licence otherwise provides,the licenseeshall not without the
consent of the Minister in writing, givenon an application to that effect by the
licensee, assign or part with any ofthe rights granted by the licencein relation
to the whole or any part of the area in which those rights are exercisable or
grant any sublicencein respect of any such nghts.
(2) An application for a consent under this regulation shall be made in writ-
ing addressed to the Minister and shall be accompanied by the appropriate fee
and by such particulars, information and evidence in respect of the proposed
assignee as is required to be furnished in the case of an application for a licence
under regulation 4.
6. (1) With every application for a production licence there shall be paid a
fee of three hundred pounds.
(2) With every application for an exploration licencethere shall be paid a fee
of one hundred pounds.
(3) With every application for a consent under regulation 5 there shall be
paid a fee of thirty pounds.
7. The Minister shall as soon as may be after the grant, surrender, determina-
tion or assignment of a licence made pursuant to the Act of 1958or pursuant to
that Act and to that Act asapplicd by the Act of 1966 or to these regulations or

to any ticencegranted thereunder, publish notice of the fact in the Government
Gazette givingparticulars thereof.
8. Every production licence and evcry exploration licence shall incorporate
the mode1clauses respectivclyset out in the Second Schedule and in the Third
Schedule hereto unless the Minister thinks fit to modify or exciude them in any.
particular case.
9. The Petroleum Rcgulations, 1958,are hereby revoked without prejudice to
anything Iawfullydone or omitted to be done thereunder. CONTINENTA LHELF

Annex 17

MALTESTE ERRITORIA LATERS AND CONTIGUOZ USNE ACT, 1971

ACT No. XXXlOF 1971

An art to extend the territorialwatersof Malta and to makeprovisionfor a
conriguous zone.
Be il enr~creby Her Majesty the Queen, by and with the advice and consent
of the House of Representativesof Malta, in this present Parliament assembled,
and by the authority of the same as fol:ows

1. This Act may be cited as the Territorial Waters and Contiguous Zone Act,
1971.
2. In this Act, unlessthe context otherwiserequires-

"law" includesany instrument havingthe force of law;
"Malta" means the Island of Malta, the Island of Gozo and the other islands of
the MalteseArchipelago.
3. (1) Save as hereinafter provided, the territorial waters of Malta shall be ail
parts of the open sea within six nautical miles of the coast of Malta measured
from low-water mark on the method of straight baselinesjoining appropriate

points.
(2) For the purposes of the Fish Industry Act1953, and of any other law
relating to fishing, whether made before or after this Act, the territorial waters
of Malta shall extend to al1othcr parts of the open sea within twelve nautical
miles from the baselines from which the breadth of the territorial waters is
measured, and, for the purposes aforesaidjurisdiction shall extend accordingly.
4, (1) Without prejudice to the provisions of subsecti(2)of section 3 of
this Act, in the zone of the open sea contiguous to the territorial waters of
Malta as defined in subsection (1) of sect3oof this Act (such zone being in
this Act referred to as "the contiguous zone")the State shall have suchjurisdic-
tions and powers as are recognisedin respect of such zone by international law
and in particular may exercisetherein the control necessary-

(a) to prevent any contravention of any law relating 10 customs, fiscal
matters, immigration and sanitation, incIudingpollution, and
(b)to punish offences against any such law committed within Malta or
in the territorial waters of Malta as defined by subsection (1) or subsection
(2) of section 3 of this asthe case may require.

(2) The contiguous zone shall extend to twelvenautical milesfrom the base-
linesfrom whichthe breadth of the territorial waters is measured.
5. Nothing in this Act shallbt construed asaffecting any jurisdiction and
power exercisable in accordance with international law outsidt tenitonai
waters. DOCUMENTARY ANNEXETSO THEMEMORIALOF LlBYA 243

Annex18

(0)MALTES EERRITORIAL WATERS AND CONTIGUOU ZOS NE(AMENDMENT)
Acr, 197; (b)MALTESL EETTED RATED 10NOVEMBE 1975

(a) MALTESETERRITORIAL WATERSANDCONTIGUOUS ZONE(AMENDMENT)
ACT,1975

ACT No.XLVJOF1975

An acrIO amend the Territorial Watersand Coniiguous Zone Act, 1971.
Be ii enacteby the President, by and with the advice and consent of the
House of Representatives, in this present Parliament assembled, and by the
authority of the same, as fo:lows

1, This Act rnay be cited as the Territorial Waters and Contiguous Zone
(Amendment) Act, 1975,and shall be read and construed as one with the Ter-
ritorial Waters and Contiguous Zone A1971,hereinafter referred to as "the
principal Act".

2. For the words "twelve nautical miles" wherever they occur in subsection
(2) of section 3 and in subsection (2) of section 4 of the principal Act there shall
be substituted in each case the words"twenty nautical miles".

On instructions from my Government, 1have the honour to transmit to you
herewith the text of ActXLVI of 1975,entitled "The Territorial Waters and
Contiguous Zone (Amendment) Act 1975,concerning the extension of Malta's
territorial waters to 20nautical miles.
1should be grateful if arrangements cbemade for the distributionaof
copy of the Act to al1States Membersand Observersof the United Nations.

(Signed) V.J.GAUCI,
Acting Permanent Representative.

His Excellency
Mr. Kurt Waidheim
Secretary-Generalof the United Nations
United Nations Headquarters
New YorkN.Y. CONTINENTAL SHELF

Annex 19

(a) MALTES TEERRITORIW ALTERSAND COKT~GUO ZOSNE(AMENDMEN ATC)T,
1978;(b) MALTESL EETTE RATED 1SEPTEMB ER78

(0)MALTESE TERRlTORlAL WATERSANDCONTIGUOUS ZONE(AMENDMENT)
ACT,1978

ACT No.XXlVOF 1978

An uctfurther toamend rhe Territorial Warand Contiguous Zone Act,
1971.
Be itenactedby the President, by and with the advice and consent of the
House of Representatives, in this present Parliament assembled, and by the
authority of the saasfollows:

1. This Act may be cited as the Territorial Waters and Contiguous Zone
(Amendment) Act, 1978,and shall be read and construed as one with the Ter-
ritorial Waters and Contiguous Zone Act, 1971,hereinafter referred to as "the
principal Act".

2. Section 3 of the principal Act shall be asfollows:
(a)in subsection (1) thereof for the words "six nautical miles"there shall
be substituted the words"twelvenautical miles"; and
(b) in subsection (2) thereof for the words "twenty nautical miles" there
shall be substituted the words"twenty-fivenautical miles".

3. In subsectio(2)of section 4 of the principal Act for the words "twenty
nautical miles"there shall besubstituted the words "twenty-four nautical miles".

(b) MALTESELETTERDATED 1 SEPTEMBER 1978

1enclose for your attention copy of the legislation (XXlVNoof 1978)

recently enacted by the Government of Malta, further amending the Territorial
Waters and Contiguous Zone Act 1971(Act No.XXXlI of 1971).
This amendment, which has to be read and construed asone with the Pnnci-
pal Act, has for its :ffect
(i) The extension of Malta's territorial wa12nautical miles measured
from low-water mark on the method of straight baselinesjoining appro-
priate points.

(ii) The extension of the contiguous zone to 24 nautical miles from the base-
linesfrom which the breadth of the territorial waters ismeasured.
(iii) The extension of the exclusivefîshing z25enautical miles from the
same baselines,
1should be grateful if you could arrange for this letter, and the enclosed copy DOCUMENTARY ANNEXES TO THE MEMORIAL OF LlBYA 245

of the OfficiAct,to be brought to the attentionof States Membersand
Observersof theUnitedNations.

Acting Permanent epresentative.

HisExccIlency,Dr. KurtWaldheim
Secretary-Gencraolf the UnitedNations
UnitedNationsHeadquarters
NewYork, N.Y. 10017. CONTINENTAL SHELF

Annex 20

MALTES TEERRITORIW ALATERS AND CONTIGUO ZUONE (AMENDMENT} ACT,
1981

An act to amendthe TerritorialWatersand ContiguousZone Act, 1971.
Be if enacted by the President, by and with the advice and consent of the
House of Representatives, in this present Parliarnent assembled,and by the
authority of the same, as follows:

1. This Act may be cited as the Territorial .Waters and Contiguous Zone
(Amendment) Act, 1981,and shall be read and construedasone with the Ter-
ritorial Waters and Contiguous Zone Act, 1971,hereinafter referred to as "the
principal Act''.

2. Section5of the principal Act shall be re-nurnasrsectio6.

3. Immediately after section 4 of the principal Act there shall be added the
followingnewsection :

"Powersto RegulaterhePassageof Ships through
Territorial Waters
5. (1)The Prime Minister may rnake regulations to control and regulate
the passage of ships through the territorial waters of Malta,and, without
prejudice to the generality of the foregoing, may by such regulations make

provision with respectto al1or any one or more of the followingm:tters
(a) the safety of navigation and the regulation of marine traffic, inctud-
ing the designation or establishment of sea lanes and traffic separation
schemesto be used or observedfor the passageof ships;
(b) the protection of navigational aids and facilities and other facilities
or installations;
(c) the protection of cablesand pipelines;
Id) the conservation of the livingresourcesof the sea;
(e)the prevention of infringement of any law or regulation relating to
lisheries;
fl the preservation of the environment and the prevention, reduction
and control of pollution thereof;

(g)marine scientificresearch and hydrographic sur;eys
fi) the prevention of infringement of any customs, fiscal,immigration or
sanitary lawsor regulations;
(i) the arrest, detention and seizure of ships to ensure cornpliance with
any law, rule, regulation or order and such other power as may be neces-
sary for securingsuch cornplia;ce
0) the punishments, whether by way of fine (multa or ammenda)or of
imprisonment, to be applied in respect of any contravention or non-
observance of any regulation made under this section.

(2) ln the application of any regulation made under subsection(1) ofthis DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 247

sectionto warshipsor to nuclear powered ssrto shipscarryingnuclear
or otherinherentlydangerousor noxioussubstances,their passage through
territorial waters, byanysuchregulation,be madesubjectto the prior
consent of, or prior notification to, such authorityas may be specified
therein." CONTlNENïALSHELF

VIII.
DICHIARAZION DIIBLOCCO

Bloccodella Tripolitania e della Cirenaica

(29sertembre 1911)
Le ministre des affaires étranghes d'Italiea l'honneur de signifier A...la
déclaration suivant:

Le Gouvernement de Sa Majestéle Roi d'Italie, vu I'ktatde guerre existant
entre l'Italieet la Turquie, agissant en conformitédes principes du droit des gens
et particulièrement desréglesformuléespar la déclarationde Paris du 16 avril
1856et par la déclarationde Londres du 26février1909;
déclarequ'ilpartir du 29septembre courant le littoral de la Tripolitaine et de
la Cyrénaïque, s'étendant de la frontiére tunisienne jusqu'ii la frontiére de
I'Egypte, avec ses ports, havres, rades, criques, etc., compris entre les degrés
11.32et 27.54de longitude orientale de Greenwich, sera tenu en état deblocus
effectif par les forces navales du Royaume. Les b%timentsamis ou neutres
auront un dtlai qui sera fixépar l'amiralcommandant en chef les forces navales
de Sa Majestéle Roi d'Italie, il partir de la date du commencement du blocus,
pour sortir librement desendroits bloqués.
11sera procédécontre tout bâtiment qui tenterait de violer ledit blocus,
conformémentaux réglesdu droit international et auxtraitésenvigueur avec les
Puissances neutres.
Le ministre des affaires ktrangéresd'Italie saura grt ...de vouloir bien
porter aussitat que possible la dtclaration susditeA la connaissance de son
gouvernement.

Faisant suite à sa note verbale du 29 septembre dernier, au sujet du blocus du
littoral de la Tripolitaine et de la Cyrénaïquele ministéreroyal/des affaires
étrangéres al'honneur de signifieB ..que la limite orientale de la cbte tenue en
ttat de blocus effectif par les forces navales du Royaume a étémodifite et fixCe
la longitude de 5' 11'est Greenwich.
Le rninisthreroyal des affaire étrangésauragré... DOCUMENTARYANNEXESTOTHE MEMORlAL OF LIBYA 249

Annex 22

ITALIAR NOYAD LECRE EF4 FEBRUAR 1913,No. 85

[Iralianlextnot reproduced]

ROYALDECREE No.85 OFFEBRUARY 4, 1913,PROVIDlNGORDERSFORCUSTOMS
SURVEILLANCE ALONT GHECOASTOF LIBYA

Offial Gazette, kb. 19,1913,No. [illegible]

VictorErnanuelIII
by the Graceof God andthe WilloftheNation Kingof Ifaly

In view of Royal Decree No. 1217of November 5, 1911,which hasbecome
Law No. 83of February 25, 1912;
In view of Law No. 719 of July 6, 1912 and Royal Decree No. 1205 of
November20, 1912 ;
In view of the unique text of the Customs Laws approved by Royal Decree
No. 20of January 26, 1896;
Upon the proposal ofOur Minister and Secretary of State for the Colo;ies
Upon the adviceof the Minister;
We havedecreed and do decree :

Article 1

Customs activities in the importation and exportation of goods in Tnpoli-
tania and Cyrenaicamay be conducted onlywithin the ports of landing-placesof
Buchamez, Zuara, Tripoli, Homs, Sliten, Misurata (Buscheifa),MarsaZafran
(Syrte),Benghazi,Dama, and Tobruk.
The Governors of Tripolitania and Cyrenaica may at their discretion permit
customs operations in other places one coastinaddition to or instead of the
above or rnay prohibit them temporarily in some of them, upon informing the
Ministerfor the Coloniesin every case.

Article2

For the purposesof customs surveillance,the sea withintwelve mil(22.224
meters)from the shore along the coast of Tripolitania and Cyrenaicasform
part of the maritime customs zone, withinthe confines of which everyvessel,
whether Italian of foreignmay be subject to inspection by the authorities in
charge ofsaid surveiuance.

We do ordain that the present decree, furnished with the Seal of State, be
inserted in the officialbody of laws and decreesof the Kingdom of Italy and do
order al1whom it behoovesto observeit and cause it to beobserved. CONTINENTALSHELF

Annex23

ITALIAR NOYA L ECRE EF 27MARCH 1913,No. 312

[Iialiarexrno!reproduced]

(arisla~ion)

No. 312
ROYALDECREEOFMARCH 27,1913,APPROVINGTHEREGULATIONOF MARITIME
FISHING OPERATIONSIN LIBYA

(Published in OfficialGazerreN105of May 6, 1913)

VictorEmmanuelIII
by the Graceof Cod and by the Willof the Nation
Kingof ltaly

Having seen Royal Decree No. 1247of November5, 1911,whichwas changed
into law No.83of February 25, 1912;
Having also seen law No. 749of Jul6,1912,and Royal Decree No. 1205of

November 20, 1912;
Having heard the Council of Ministers;
on the proposal by Our minister, the Secretary of State for the colonies;
Wehave decreedand by these means decreethat:
The single regulation relating to maritime iïshing operations for Tripolitania
and Cyrenaica, endorsed, on Our order, by the proposing rninister, is hereby
approved.
We order that this decree, withthe State seal affixed thereto, become part of
the officia1collection of laws and decrees of the Kingdom of Italy, with copies
being sent to al1those who must complywith it and insure cornplianceof same.

Issued in Rome on March 27, 1913.

LAWSAND DECREES, No. 312,1913

Regulation
relating to maritime fishingoperatinTripolitania
and inCyrenaica

GeneralProvisions

Article 1
Maritime fishing operations in Tripolitania and Cyrenaica are governed by
this regulation and by the rules that, to insure cornpliance with same, might be
issued by the minister for the coloniesor by the governors by him delegated. DOCUMENTARY ANNEXES TO THE MEMORIAL OF LlBYA

Organizaiionof FishingOperurions

Article2

The operation of maritime fishing is entrusted to the authorities charged with
maritime fishingoperations in Tripolitania and Cyrenaica.

Article3
The Royal Navy, al1 Customs Officials and al1 other Police Officialswill
share, with the authorities indicated in Articl2,the responsibility for imple-
menting the rules contained in this regulation and to ascertain any infractions

thereto.
Ternporary officers with the title of.fishing-guards may be hired to supervise
maritimefishing.
Rulesrelatingto suchhiring wiilbedetemined by the ministerfor the colonies.

Article4
Al1authorities entrusted withthe implementation of this regulation, al1Royal
Navy personnel and generally al1officerscharged with the supervisionof mari-
time fishing havethe authonty to inspect theships or fishingboats as weas the
public warehouses and the places where the fish or other fishing products are
sold to insure that the provisionsof this decree haveno1beenviolated.

Article5

The authorities charged with the administration of fishing operationin Tri-
politania and Cyrenaica will, through its governors, annually send a report to
the Ministry of Colonies on the fishing operations in the waters under itsjuris-
diction, showing the results attained and making proposals that they might
deem appropriate in the interest of the (fishing)industry.

Article 6

The payment of duties, setforth for fishing operations by this regulation, will
be made in accordance with the provisions contained in Article100 to 105, 107
and 108of the regulation approved with Royal decree No. 584 of December 27,
1896,for the impkmentation of the law on measures in favour of the merchant
marine navy.
Documents showing that the payment of duties has been made, must be
shown to the authorities and to al1officersassignedto fishingoperations.

TITLE III

Regulationsfor FishingBoaisand Ships

Article7
All fishing boats and ships owned by Italians residing in Tripolitania and
Cyrenaica and owned by natives must be registered with the maritime port
authorities. CONTlNENTAL SHELF

Article 8
No one can operate a fishing boat or ship in the waters of Tripolitania and
Cyrenaica without having obtained the title of seaman authorized to fish.
Seaman authorized to operate fishing boats and ships fall under two cate-
gories: those for coastal îïshing, that is to Sayoperating within one mile of the
Coast,and those for fishingon the high seas.
In order to obtain the title of scaman authonzed to fish, one must:

(a) be deemed qualified by the maritime authorities;
fi) have twelve months of training on coastal fishing operations or on
high sea fishingoperations, as the casesrequire;
(c) provethat he has been a resident of Tripolitania or Cyrenaicafor five years.

Italjan citizens are exempted from the requirement indicated in letter (c),and
for them, the permits obtained in Italy for this purpose, are valid in Tripolitania
and Cyrenaica.
AI1certificates proving that a seaman is authorized to fïsh are issued by the
local maritimeauthorities.

Article 9
All fishing boats or ships of any carrying capacity must always display, and
visible from a distance, in the centre of the master sail, its rcgistration number
and under it the badge of the maritime district. The number willbepaintcd with
indelible black inkand the figuresbe at least50 centimetres high.
The badge will consist of the initial capital letter of the chief town of the dis-
trictat least50 cm high, inscribedin a circlewith a diameter of at least one metre
with a sideband at least 7 cm wide. The above badge willbe paicted red. During

the night al1fishing boats and ships must have the lights prescribedby law.
Article10

All persons operating ships or boats used for the fishing of sponges or of
corals and al1those fishingtunaor those that have obtaincd a concessionto fish
in sait lakes, must keep a "fishing log" which willindicate, for each fishing day,
the hours of operation and the fishing locations, the quantities and qualities,
depending on the various catcgories of fished products.
The sanitary condition of the crew must also beshown for al1spongc fishing.
Al1persons assigned to operate fishing boats or ships, their owners or man-
eging owner as well as ail other fishing operators must furnish to the maritime
authorities al1information that might be requestedon fishing.

Article IJ
Fishing boats or ships are prohibited from having on board :

(a)any firing weapons, exceptthose for which a permit has been obtained;
(6) any items indicated in Article14.

TITLE IV
Distances and GeneralFishing Bans

Article 12
Al1fishermen must keep at a suitable distance from each other in accordance
with local practice, the type of fishing carried out, the mode of operation and
the type of equipmcnt used. DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 253

Maritime authorities may even prescribe said distances, limit the number of
permits and set up shifts arnong the iïshermen for fishing operations, should
there be locations that are especiallysought and occupieas a preferencedue to

their greater abundance of fishorother aquatic animals or due to other special
conditions.

Article 13

Fishing is prohibited
(a) in arcas of the sea or in saIt lakts which are directly being used by the
State or of concessionsor of exclusiveduly recognizedfishingrights;
(3) in areas set aside for the operation of fishing-nets for tunny or of other
permanent fishing ;
(c)insideports, except by specialpermission of the maritime authorities ;
(d) in water areas, which in order to protect aquatic products, come under
special bans set forth by this decree or by rules issued by the minister for the
coloniesor by the governors;
le)in areas indicated by the maritime authorities for rnilitary reasons, and in

those areas wherethere are undenvater teiegraphiccables.

Article 14

It is prohibited to fish with dynamite or with other explosives, and it is also
prohibited to throw in the water any materiais that rnight weaken, stun and kill
the fish and the other aquatic animais.
The collection and sale of animais that have thus been stunned or killed is
aiso prohibited.

TITLE V

Fishingof Fish,ofMolIusk andof Crustaceans

Article 15

All Italian citizens, al1natives and those who have beenresiding in Tripolita-
nia and Cyrcnaica for at least fiveyears may fishduring any part of the year for
fish, mollusk or crustaceans in an area of thrte maritime miles from the shore,
providing they abidt by the niles set forth in this decree.

Article 16

Fishing operations in accordance with the preceding article are subordinated
to the granting of a permit by the maritime authorities.
The followingdulies must be paid inorder to secure a permit:

2 Lire for each hull witha net tonnage of not over one ton;
5 Lire for cach hull witha net tonnage of more than one ton;
8 Lire for each hull equipped for fishing with long-lines andrectangular nets;
5 Lire for each fïshing device, set up ashore such as (scales, variable-length
measuring units, etc.).

The fishing permit isvaiid for the year in whichit was issued. CONTINENTALSHELF

Article 17

For fishing operations with trawls, evenover the entire expanse of the sponge
algas,the following provisionswillbe complied with :

First, that said nets be kept at a distance of not lessthan one kilometre from
boats that are carrying out sponge fishing operations, and that they abide by the
rules relating to fishing-netsfor tunny and to coral banks;
Second,that the sackcloth mesh of the nets not be lessthan twenty millimetres
on its sid;
Third,that the ships or boats remain at a distance of 500 metres from the
areas where land-drawn trawl fishing nets are operating, and from areas where
possible area fishing limitations in general might exist, including toftsponge
fishing.
Fourlh, that beyond the limit set forth by Article 15,a special permit with
particular regard for the persons specifiedin it, be issued by the maritime autho-
ritiesof Tripoli, Benghaziand Derna.

Even the land-drawn trawl nets must have a sackcloth mesh ofnot Iessthan
twenty millimetreson its side; thcy must further remain 300 metres away from
each other, except for specialprovisions of the maritime authorities.
A period of two years from the date of publication of the decree that
approves this regulation is granted within which to comply with the provisions
relating to the meshesof the nets.

Article18

For fishing with trawl nets, with respect to Articles 15and 17 (?)the mari-
time authorities will issue a permit subject to the payrnent of the following
duties:

-for each hull, evenif relating to sailboats with mechanicalmotors, 15lire;
-for each steamer with an engine not exceeding 30 indicated horse powers,
20 lire;
-for each motor hull or steamer with an engine exceeding30 indicated horse
powers,30lire.
The permit is valid for the year in whichit isissued.

TITLE VI

SpecialFishingOperations

CHAPTER 1

Sponge Fishing

Article 19
Sponge fishing operations over the entire expanse of the sponge algasof Tri-
politania and Cyrenaica by persons indicated in Article 15 are subject to a
"permit" issuedbythe maritimeauthoritiesof Tripoli, Benghaziand Derna espe-

ciallyappointed for this purpose by*theministerfor colonies. DOCUMENTARY ANNEXESTOTHEMEMORlALOF LlBYA 255

The validity of said permit cannot be of more than one year, and is sub-
ordinated to the paymcnts of duties set forth by the following articles.
The holder of such a permit may freelyfish during any period of the year; the
total number of ships or of boats of each class, of the hulls and of the other
sponge fishing instruments willbe specifiedby the rninisterfor the colonies. The
minister for the colonies may, from time to time, decide the number of boats, of
hulls and of the fishing instruments that may be used by each individual
Company.

Article20

The minister for colonies, in agreement with the rninister for foreign affairs,
may authonze the granting of permits to ships or boats of foreign flags for
sponge fishing operations in the waters of Tripolitania and Cyrenaica, under the
sameconditions referred to in the precedingarticle.
Such authonzation is by preferencegranted to the captains of those ships or
boats that have ltalian and native seamen among their crews, that belong to
persons residing in Tripolitania or Cyrenaica, and that are rigged and equipped

there.

Article21

The minister for the colonies may suspend the fishing of sponges in certain
areas, to protect said product, by the issuance of a decree that will indicate the
duration of the suspension.

Article 22

A sponge fishing permit is subject to the payment of the followingduties:
first, for each ship or boat equipped for fishing with a harpoon (trident,
kamakis), 50 lire;

second, for each ship or boat, equipped withdivers, 100lire;
third, for each ship or boat, equipped for trawl fishing and with a tonnage
exceeding5 net tons, 150lire;
fourth, for each "apparatus" to which no more than 5divers are assigned,700
lire;
fifrh, foreach diver over fiveon each "apparatus", 100lire.

Article 23

The application to obtain a sponge fishing permit must be subrnittcdto the
maritime authonty, that has been so delegatedin Article 19,and must indicate:
firsî t,e name, last narne and profession of the owner and of the managing
owner of the ship or boat ;

second, the number, the name, the nationality and originof the ship or boat;
third,the fishingmethods that one wishesto use;
fourih, a list of the names and general information of the persons that will
make up the crewand withspecialinformation regardingtheir respectivejobs;
fifih, the number and the qualily of the fishinginstruments and tools ;
sixth, the terms of the enlistrnent agreement.
All applications relating to fishing with diving apparatus may be submitted

even if they do not show al1the required information; this information must,256 CONilNENTAL SHELF

however, besubmitted within a suitable period of time to bc detcrmined from
time to time and in any case prior to the issuance of the "permit" to the res-
pectiveships or boats.
No ships, boats or equipment different from those reported may be used
during fishing, and al1changes in the rnake-up of the crew must be reported to
the nearest maritime authorities, which must report this information to the
authoriiy that granted the permit.
Al1applications submitted by foreigners must have the "approval" of their
consul.
A sponge fishing permit is valid from March 1 to the subsequent February
inclusive,regardlessof the month in which it is issued.

Sponge frshing operations may be carried out only with the following
methods :

with diving equipment (diver) ;
by diving(performed by "skin divers");
by trawl (gangave);
with a harpoon (trident, "kamakis'?.

The minister for the colonies or the maritime authority tspccially delegated
for this purpose may authorize other fishing methods, including the use
of motors attached to the vanous fishingboats and to their capstans.

Article 25
Fishing with a diver'ssuit and with a trawl is prohibited along the coastline of
Tripolitania and Cyrenaica, in the area included between the shore and the
twenty-metre depth line.

Article 26

Fishermen carrying out fishing operations with diver's suits, by diving and
with harpoons cannot fish, transport and sel1sponges which,when irnmcrsedin
water, do not have a maximum diameter of:

8 cm for equine sponges;
4 cm for fine (soft) sponge;
4 cm for zymoches sponges.

Fishermen who use the trawl method wiH not incur the penalties set forth by
Article 56 for the fishing of sponges that are smaller than the minimum dimen-
sion. These sponges must however beturned over to the maritime authorities
and sold for the benefit of the public treasury.

Article 27

Concessionsfor exclusive use may be granted for particular sca arcas to indi-
viduals, to companies or associations, who intend to devote themselves to the
culture of sponges, and who are deemed qualified by the maritime authori-
ties and who submit guarantees to carry out the experiment. The concession is
granted by decree of the minister for the colonies. DOCUMENTARY ANNEXES TO THE MEMORIALOF LlBYA

Article28

Special provisions wilI regulate the work, the weekly compulsory rest for
divers and for the other persons assigned to the fishing of sponges,and accident
prevention mles will be set up for the use of fishing equipment. The recognized
competence of divers, acquired in accordance with national law, will becon-
sidered valid.
Al1 divers must provc that thcy have had at least two years of training in said
fishing before being accepted to carry out sponge fishing operations in the
waters of Tnpolitania and Cyrenaica.

Article29

The yield from the fishing of sponges must be taken into the portsofTripoli,
Benghaziand Dema for the registration set forth by the followingarticle and for
any commercial transaction. Anyone who violates such rule, by selling or
attempting to sel1the fishingyield in other ports or at sea, is punished under the
rules of Articl56,paragraph, and incurs the revocation of the permit.

Article30

Al1sponges that have been fished must be submitted for registration to the
maritime authorities of the ports indicated inthe preceding article.
Qualities that must be registered a:e

jirst, cquine sponges;

second, zymoches sponges;
third,fine (soft)sponges;
fourrh e,ephant ear sponges.

Al1fished sponges, except for those which art providcd in Article 53,cannot
be transported from one ship or boat to another; they may only be loaded
aboard the fishing boat which is designated for the exclusive storage of the
fishing yield of each ship or boat or group of ships or boats, that belong to the
same Company.
Fishermen can leave the waters of Tripolitania and Cyrenaica only after
having reported their fish yieldand having completed its registration.

Article31

"Black" sponges that are collected on the beach will be registered with the
neartst port authorities, and then sold at any public market in accordance with
local practice.
A tax of25 Lireper quintal willbe collectedon said sponges.
The respective registrations will be reported annually to the head of the res-
pectivemaritime district.

Article32

Al1 sponges exported from Tripolitania and Cyrenaica are subject to an
export customs duty of 10lirelquintal, for raw sponges and of 20 Lirfor those

that are washed or finished. CONTINENTALSHELF

CHAPTER II

Fishing-~Vef orTunny

Article 33

To carry out fishing-nets for tunny operations in watersof Tripolitaniaand
Cyrenaica, which are reserved for persons indicated in Article 15,authorization
from the minister for the colonies is required. The authorization must ensue
from a decree accompanied by the contract of the individual who intends to set
up the fishing-nets for tunny operation; the decree itself will specifythe penod
of validity of the concession, which cannot be of a duration of more than 30
years, the water area, the corresponding space ashore if available, reserved for
the fishing-net for tunny operation and for the preparation of the fishing yield,
including any other condition for the setting up of the fishing-net for tunny
operation.
For concessions relating to fishing-net for tunny operations of aduration of
more than six years and in cases relating to installations of special industrial
importance, the concession, rather than being granted pursuant to a certificate
of submission to authority, will beaccorded on the basis of contracts that will
be stipulated in the manner and forms established bythe Code and bythe regu-
lation for the merchant manne navy.
As a guaranty for his contractual obligations, the licensee must put up a
suitable bond, the amount of whichshaii be decidedin each case by the maritime
authonties.

Article 34

Should IWO or more persons or agencies request the granting of a concession
to set up a fishing-net for tunny operation in the same space of water, the
minister for the colonieshas the authority to gant the concession to the appli-
cant that he deems preferentiallymore worthy by the nature of his financial and
technical guarantees, unless the minister deems it advisable to proceed to assign
the concession on the basis of public auction among the cornpetitors or of
private bidding, proclaimed by them based on an increase of the minimum rate
set forth bythe subsequent article.
If al1of them meet the same conditions, in thecase foresccn by the first part
of this article, a preferencemay be givento the fishermen'sCO-operativeassocia-
tions, to the consortiums or to the syndicatesof these same CO-operativegroups,
which have been legallyset up, providing that the concession is used and
operated for the benefit of the CO-operativegroups. For al1the cases envisaged
by this article no appeal can be lodged against the decision of the minister for
the colonies.

. Article 35
Each concessionrequires the payment of an annual fee.
Thc annual fee is established at a rate of one lire per each quintal of tuna or
of any other mackerel fished, up to 8,000quintals and of fivc (5) lire perquintal
for any quantity over (T.N. not legible).
After at least five years of operation the minister for the colonies may replace

the proportional fee witha set fee,which, for the concessionsgrantedas a result
of a public auction or of a private bidding willbe equal to the annual averageof DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 259

the previously paid feesand for the concessionsgranted subsequent to a private
negotiation, based on the first paragraph of this article it cannot exceed 50
per cent said average.
The fee thus set rnay besubject ta revisioneveryfiveyears on request by the
Administration or by the grantee.
If an agreementcannot be reached, a decision on the application willbe made
by a commission of arbitrators, consisting of three members one of which shall
be appointed by the Administration, the other by the grantee, and the third shall
be appointed by the two arbitrators that have already been appointed. Should
the two arbitrators not agree on the selection of the third, the latter shall be
appointed by the president of the Court of Appeals of Tripoli.

Article36
The certificate granting the concession shall also contain the agreed mini-
mum salary and the minimum profit sharing amount that the employees,
utilized in the operation of the fishing-nets for tunny, can expect to share with
the company. Any controversies relating to salaries and work agreements made
between the company and the employees will be decided without appcal, by a

commission of arbitrators, consisting of a representative of the grantee, a
workers'representativeand of the captain or other port officia1havingjurisdiction,
who willact as president.

Article37

The grantee has the right to shirk his contractual obligations, if he can prove
that within two fishing campaigns subsequent to the one in which the instal-
lation look place,thecompany operated by him has not givensatisfactoryresults
due to the insufficiencyof the product.
The concession rnay be revoked with ajustified decree by the minister for the
colonies without any right to compensation, should such a measure become
necessary due to reasons of public interest. The concession shall be revoked in
the event that the grantee has allowed two consecutive years to elapse without
setting up the installation starting from the date on which he should have begun
or by failing to operate the fishing-net for tunny installation, except for the

provisions setforth in the followingarticle.

Article38
The grantee is given two years from the date of the concession decree within
which to begin the installation. During said period of time the grantee is obli-

gated to conduct experiments to ascerkainthe passageof tuna. Should the gran-
tee failto comply with said provision his concessionwillbe revoked.

Article 39

Each fishing-net for tunny operation is given, during the fishing period, an
exclusivearea, which, in relation to other adjacent fishing-net for tunny opera-
tions, will consist of an area of ten kilometres from the side of the mouth of
the fishing-net for tunny operation and of one kilometre on the opposite side,
starting from the centre of fishing-netfor tunny installation.
With respect to al1the other fishing operations, the exclusive area will be of
fivekilometres from the side of the mouth of the fishing-net for tunny operation
and of one kilometre on the opposite side.260 CONTINENTALSHELF

In the front of the fishing-netfor tunny operation, the exclusive area, will be

of six kilometres towards the high seas, over the entire length of the side
exclusivearea referred to in the precedingparagraph.
Any other type of fishing in the exclusive area referred to above or in any
manner disturbing the passageof the tunny, is stnctly prohibited.
The length of the tail cannot, in any event, exceed 1,000metres.

CHAPTER II1

CoralFishing

Article 40

To search for coral banks a permit must be secured from the maritime
authorities.
Anyone discovering a coral bank in the sea area of the sponge aigasexpanse
must report said find to the above-mentioned authoritics and may obtain a
permit to exploit said find fortwo consecutive years.
Said authorization is subordinated to the payment of a fee, the amount of

which will beone-tenth the value of the fished product, and on the conditions
that shall be specifiedin the authorization itself.

CHAPTER IV

FishingRightsin Salty Pona3or in Logoons

Article41

Salty ponds or lagoons in Tripolitania and Cyrenaica may be given in con- '
cession through a decree of the ministcr for the coloniesand for a period of time
not to exceed 15years.
The concessioncertificate may also specify:

(a]an obligation to re-populate the ponds with newfish,
(bl rules relating to mytilus-culture and ostriculture in cases where such
special cultivation is possible (Tramlotor'snote: Mytilus and ostricultureare
latintermsreferringto thecultureof musse1andmolluskclamsorshelh.)

Until such time as a salt water pond or lagoon concession isgiven, no fishing
operations can be conducted without a special permit from the maritime autho-
rities, subject to the payment oa fivelire duty-tax and to the rules that shallbe
specifiedby the maritime authorities.

CHAPTERV

Breedingof A quatic Products

Article 42

The brecding of aquatic products at sea, or in sait water ponds or lagoons
cannot be carried out without having obtained the corresponding concessions
from the minister for the colonies.
Al1applications must be submitted to the maritime authorities together with
the designsof the installations that are to be set up. DOCUMENTARYANNEXES TO THEMEMORIAL OF LlBYA

TITLE VI1

-Aid tothe Indusrry and to Fkherrnen

Article43

Al1CO-operativeorganizations that may be set up between ltalian and native
îïshermen in Tripolitania and Cyrenaica will be exempt, for a ten-year period,
from any taxation relating to thcir certificates of incorporation and from any
governrnental taxation on the proceeds of the sale of thcir fished products or of
the finished products, exceptfor the duties provided by this rcgulation.
The same exemptionsare aven inTripolitania and Cyrenaica to CO-operatives
among fishermen set up in Italy, to syndicates and to consortiums, concerning
the income obtained there from the sale or preparation of the fish and of the
other aquatic products.

Article44

Fishing colonies that might bc set up in Tripolitania and Cyrenaica between
Italian and native fishemen may be granted free piecesof land for the constnic-
tion of housing and of buildings that might be required for the opcration of the
supplementary fishing industries and alsofor gardens for domestic use.

Article45

The minister for the colonies may grant, even gratuitously, to the fishermen
the use of buildings and shacks, which might be iocated afong the Coast,and
subsidizeor promote the construction of housing for the fishermen.

Article46

A decree issued by the minister for the colonieswill specifythe niles relating
to the granting of good serviceawards to the fishing industry and to that for the
preparation of the related products either with respectto the economic nature
of the industry's results or to the novelty and perfecting of the methods and of
the various industrial applications.

Article 47
As a guaranty for the loans granted to the owners and to the managing
owners of the ships and boats used in the fishing operations in Tripolitania and
Cyrenaica a special privilege rnay be set up on the products of the fishing itself,

in favour of institutions, syndicatcs and consortiums of fishing CO-operatives,
co-operative cornpanies and othcr commercial companies that might have been
legallyset up and which are expresslyauthorized by the ministerfor the colonies
to conduct credit transactions for the fishingindustry.

Article48

To validate and implementsaid privilege itis necessary:

firstthat it ensuesfrom a written document ;
second, that it have an effective date as a result of it having been recorded
with the port authorities of Tripoli, Benghaziand Derna.262 COWINENïAL SHELF

Said privilegesare freelyrecordedin a specialregister which iskept at the port
authority offices of the colony, from which the ship or boat departs for its
fishing and where it isobligated to storethe product.
The registrations are published in the tïshingjournal.
Certificates attesting to the existence or lack of registration are freely issued

by the port authorities.

Article49

The privilege setup in connection with the preceding provision prevails over
any other that might be clairnedon the fishing product, exceptfor possible State
rights.

Article 50

Said privilegecannot be extended for a duration greater than 12months and
may be renewed,prior to its expiration, for the subsequent campaign.
The renewaiis made free of charge.

Article 51

It is valid, starting from the date of registration, and for the entire amount
recorded, regardless of the date of supply of the capital, said privilege being
valid in accordance with the terms of Articles 47 and 48, as a guaranty for
accounts opened in favour of owners and of managing owners by the companies
and by the subsidizinginstitutions.

Article 52
The interest on said loans cannot exceed the limit that shall be specifiedby a
governor'sdecreeon recommendation of the maritime authorities.

Article 53

The commercial loan institutions or companies may require that the fishing
yield be kept aboard for safe-keeping,through one of their delegated representa-
tives, or remove the yield itself and store it in places set aside for such purpose
by the port authorities, unless the debtor requests that the product, in cases
where it is not subject to deterioration, be stored in the public warehouses
referred to in the followingarticle.
Should the creditor remove the product, a special notation to this effect will
be made in the fishing journal, duly signed both by the debtor and by the
creditor.

Article 54

Al1officesof the port of Tripoli, of Benghaziand of Derna have public ware-
houses for non-perishable fishingproducts. The warehouses are nin bythe local
maritime authorities.
The issuance of a certificate of storage and of a pledge note on the stored
products isauthorized.
A decree by the rninister for the colonies will set forth the rules for storage,
for the preparation of titles and duplicates should they be lost, for title trans- DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 263

actions, for the withdrawal and actual sale of the products and for the dutits that
shall be owed to the warehouse.

Article55

Subsequent provisions willprovide for the expansion of assistance and aid to
fishermcn byinstitutions in Tripolitaniaand Cyrenaica.

Infructiom,Penalties and CrirninalProceedings

Article 56

Any violation of Articles 6, last paragrap7,to 10, 12, 14,paragraph, 15,24,
are punished with a fine of from 50 to 1,000lire.
Any violations of Articles 13,14, first part17, 19, second and third para-
graphs, 23,second paragraph, 24,25,26,28 to 31,39 as wellas any infraction of
the bans referred to in Articles21 and 40, are punished wiahfine of from200to
5,000lire.

Article57

Anyone conducting fishing operations of fish, of mullusk and of crustacean
without the required permit in accordance with this regulation, is punished with
a fine that will be not less than five times and not more than twenty times the
duty specifiedfor the permit itself.
Anyone carrying out sponge fishingoperations without the required permit is
punished with a fine equal to three times the duty specifiedfor said permit.
Anyone who without any concession or declaration or authorization, in
accordance with the provisions of this decree, fishesfor coral, sets up fishing-
nets for tunny, or carries out any aqua-culture operations, or fisinssalt lakes
for which a concession is required, is punished with a fine of not less than 5ûO
lire and of not more than 2,000 lire and by the confiscation of his nets and of
the other tools includingthe fished yield.

Article 58
With respect to the infractions referred to in Article 11,concerning the pos-
session of explosives or ofirearms without permission, the person in charge of

the ship or boat, is punished with a fine of up to 1,000 lire; the person in
possession of said explosives or weapons is punished with imprisonment of up
to six rnonths.
The explosivesand weaponswillbe confiscated.

Article 59

Violators rnay lose or havetheir fishingpermit suspended. The devices or
tools that were used or destined to commit the infraction are sequestered and
stored with the maritime authorities, or in some other manner removed, until
completion of the proceedingsor transaction.
In case of a conviction, said authority may order their confiscation.264 CONTINENTAL SHELF

Aquatic products, that are fished in violation of this regulation, are always
sequestered, and, if ofa perishable nature, me sold imrnediately.
In caseof a conviction the products or their pnce are confiscated.

Article 60
fhose who have already been convicted previously for one of the infractions

referred to in this regulation, and who commit another, cannot be given the
minimum penalty.

Article 61

Offïcials of the ports of Tripolitania and Cyrenaica, each withinthe limitof
their own junsdiction, prepare cases, judge and settle al1fishing violations re-
ferredto in this regulation,in accordancewith the niles of procedure set forth for
maritime crimes by the rnerchant maritime Code. Convictions for crimes
referred to in Article58 or for any fine exceeding 2,000lire may be appealed
before the Court of Appeals, within threedays subsequent to the conviction.

Article 62

On infractions indicated in the first paragraph of Articl56 settlements are
permitted, the purpose of which is to prevent a trial orto stop its course.
In addition to the assessed amounts vioIators are also required to pay court
costs.

Article63

The port authorities, in judging or providing to settle the case in accordance
with the preceding article, may grant to the officers that have ascertained the
violation part of the sum, not exceeding the half belonging to the State for
rnonetary penalties,for the settlernents and for the proceeds from the saleof the
confiscated goods.

TITLE IX

Transitory Provision

Article 64
During the first three yearsofapplication of this regulation the minister for
colonies may regulate the flow of fishermen in the fishing areas of Tripolitania
and Cyrenaica by setting up shifts for fishing operations of fish, mollusk and
crustaceans for groups of fishermen corning from otha maritime districts and

issuingappropriate rules. DOCUMENTARY ANNEXES TO THE MEMORlAL OF LIBYA

Annex24

ITALIA NNSTRUCTI OF 1SAPRIL 1919

[Iraliante.rt notreproduced]

GOVERNMENT OFTRIPOLITANIA
AND CYRENAlCA

Instructions for the Surveillanceof Maritime Fishingin the Waters of Tripoli-
tania and Cyrenaica
Al1Royal Ships, Torpedo-boats, Vedetteboats and Motorboats cruisingor in
navigation in the waters ofhe Libyan colonies havethe obligation, under ail
circumstances, of performing the direct surveillanceof the coast, partasularly
concerns everything having to do with the practices of fishing and coastal
trading.
The practice of both, in addition to being regulated by special concessionsor
laws, and therefore not bcing public domain, lends itself easily to any kind of
smuggling activity, for which reasonwillbe necessaryto exercisc maximum
interference inhese respects and at any time there will arise the occasion of
sightingsmall craft or sail boats dong the coast or off shore. And since under
any circumstances an inspection aboard shall be allowable to verifycompliance
with the laws regulating fishing,it shall therefore sufficeto give hcr the instruc-
tions regarding fishing itself as safeguard also against other infractions
concerning illegalcoastal trade and contraband. The instmctions to be followed
by the Commanding Officersof the Royal Ships arasfoHows:

1. The practice of fishingfish, molluscs,crustaceans, spongesand coral along
the coasts of Tripolitania and Cyrenaica, and within the limitsof the tenitonal
waters, is subject to the concession ofparticular permits for each type of fishing
by the Port Authorities of the two Colonies.
2. The limits ofthe territorial waters beeintendedasestabLishedat three
marine milesfrom the coast. It is, hawever,an acceptedprinciple that al1sponge
coloniesfronting the coast and extending without interruption evcn beyond the
three-milelimit constitute territorial waters and therefore sponge and coral
fishingon suchsponge colonies,regardlessof howfar they extendfrom the coast,
must be subjectedto the concessionof the proper permit.
3. As far asthe sea border bctweenTripolitania and Tunisia is concerned, it
was agreedto adopt asa line ofdelimitation the line perpendicular to the coast
at the border point, which is, inthis case, the approximate north-north-
east fromRas Adgir.
At the border betwctn Cyrenaica and Egypt,for the purposes of fishing, the
line starting from Cape Beacon, in the gulî of Solurn, in direction east-north-

east willbe consideras the border.
Regardless as to whether they are flying the national flag or a forcign one,
fishing boatsfound engaged in one of the kinds of fishing mentioncd above
within the sea limits previously describedwithout the neccssarypermit or with
an expired permit will be consideras engaged in illegalafishing.The fishing266 CONTINENTAL SHELF

boats themselves will therefore be seized,brought and delivered to the nearest
Harbour Officefor further legalaction.
4. In order to avoid possibledisputes which would arise, especiallyin rega.d
to the actual position of the craft at thc moment of the infraction,
1establishthat the linesofdelimitation mentionedabove be moved ina direc-
tion parallcl to their own selves,until the first shall have asits point of origin
Ras Makabcz and the second Marsa Limreig (2milessouth-south-east of Port
Bardia). In such way, there willbe two areas of about eight mileseach, Le.,the
one toward Tunisia, included within the two lines with a N.N.E. direction,
passing one through Ras Adgir and the other through Ras Makabez; and that
toward Egypt, included within thetwo lines with an E.N.E direction, passing
one through Cape Beaconand the other through Marsa Limreig. In these two
areas, although the conditions for prohibition of fishing and the right to per-
form an on-board inspection are still standing, the boats flying a foreign flag
and not in possession of the Italian Maritime Authorities permit shall not be
seized, but rathcr ordered away, unless the position of the site within the bor-

den wheresuchboats werefishingiüegailycan be dcmonstrated in an irrefutable
manncr even aftcrward.
5. In a case such as the one in the preceding paragraph, the Commanding
Officerwho surprised the boat in the open act shall immediatelywnte a detailed
report, which shall contain in detadl the particulars relating to the craft and
its owners, as obtained from the boat's documents, and the reasons why the
craft was declared in transgression of the law for fishing illegally.Such report
shall then be sent to the Naval Station Command in Libya for further pro-
ceedings.
6. Fishing boats of any tonnage, be they national or foreign, shall always
have in the centre of the main sail, visiblefrom a distance, the number under
which thcy are rcgistcred at the Port Offices, and below it the emblem of the
MaritimeDistrict.Suchnumbershallbepainted inblackand itd sigits shalbe
no less than 50 centimctrcs in height. The ernblem shaHbe constituted by the
initial capital letter of the district cflfor Tripolitania,B for Cyrenaica),
no less than 50ccntimetres in height, inscribed in a circle of no less than one
metre in diameter, with a 7 centimetre widcband, Said emblcmshaUbepainted
in rcd,
7. During the night the boats must have the prtscribed lights.
8. Should a violation of the rules prescribed inparagraphs 6 a7be found,
the boat shall bc allowbdto continue fishing (providedit is in possession ofthe
permit prescribed) but it will be fined and the necessarydata for the report to
the Port Authorities wilbe taken.
9. The pcrsons in charge of boats engaged in sponge or coral fishing must
keep a fishing log,in which wiii be recordcd for each day of fishingthe hours
and the sites where the fishing took place, the quantities and the. qualities
according to the various catcgories of the product fished. For sponge fishing,
the health conditionsofthe crew must also berecorded.
10. In the aforcsaidfishinglog the= shabe also recorded the date of the last
unloading of the product fished and the place where it was effected and
depositcd.
11. It isforbiddento kcepaboard the fishingboatsany fircarms,except those
for which an authorkation was obtained.
12. Fishingwith dynamiteor withother explosivematerials isprohibited, iis
forbidden to throw in the water substances capable of clouding it, and of
stunning or killing fish and other aquatic animals, and it is also forbidden to
keep aboard the fishingboats the explosivematerials mentioned above. DOCUMENTARY ANNEXESTO THE MEMORIALOF LIBYA 267

13. In the violations of the rulof paragraphs 11and 12,the arms and the
explosivesshaiibeseized and the boat shd bebrought to the ncarestPort Office

for further measures.
14. Sponge fishingmay be performed onlyin the followingmanners :
with divingsuit (diver);
diving(performed by skin divers);
with dredge (ganava);
with fishingspear (kamakis).

Fishing witha diving suit and with a dredge (ganava) is farbidden dong the
littoral of TripoIitania and Cyrenaica in the area included between the beach
and the 20-metredepth line.
15. The product of spongefishingmust be brought up to the ports ofTripoli,
Benghazior Derna for the registrationand to bedepositedwiththe ltaiian Asso-
ciation for the Fishing and Commerce of Sponges.
16. The spongesfished cannot be transported by another boat ; thty may be
transferred only to the one assigned as exclusivedeposit of the fishing of each
boat or group of boats.
17. Fishermen cannot leave Libyan watersuntil afttr they declartd the pro-
duct of their fishing and registeredand deposited it.
18. In the present Summer fishing campaign, the permit appliesfor Tripoli-
tania from Cape Tajura to the Tunisian Border, and for Cyrenaica to the entire
coast, without delimitation.
19. Boats flyingthe national or a foreignflag, withor without rcgular fishing

permitsissuedbythe Harbour Master OfficeofTripolior Benghazi,caughtin the
act of fishingeast of the meridianof CapeTajura willbe declaredin violation of
the fishing laws and thcrefore scized,brought and defiveredto the nearest Port
Officefor further prosecution.
20. Any trade taking place along the coast and out of port, be it by sail or
stearnboats, shallbcdcfinitelysubjectto inspection.Once an infraction is ascer-
tained, the craft, the materiai unloadcd and the personsinvolvedshall beseized,
and al1shall be brought to the nearest port.
22. For ships suspected of being involved in smuggling operations, special
instruction shall bc givencase by case. CONTINENTAL SHELF

Annex25

ITALIANINSTRUCTIONS O 2F5JUNE 1931

[Italianrexno1reproduced]

(Translation)

OFFlClALBULLETINOFTRIPOLITANlA
ORDINANCES

MARITIM AEDMINISTRAT IFNTRIPOLITANIA

INSTRUCTIO FNRSTHESUPERVlSIONOF MARITIM FISHING IN
THEWATER OF TR~POLITANIA

(a) GeneralInformation

The followingprovisions govern maritimefishingin Tripolitania:

(1) regulation for maritime fishingoperations in Tripolitania and Cyrenaica
approved by Royal DecreeNo. 312modifiedby:
(a)R. decreeNo. 1712of November21, 1920;

(b) R. decreeNo. 2273of November22,1925.
(2) Ministerial Decreeof April 12, 1919,that establishesspecialrulesfor the
fishingof sponges in Tripolitaniaand Cyrenaica.
(3)Gubernatorial Decree No.541A, of Stptember 8, 1928,that authorizes
the fishing of sponges in Tripolitania with the system of "De Fernez"
equipment.
(4) R. Decree No. 1910of October 10, 1929,that sets up an intermixed area
for the fishingof sponges byhermenof Tripolitania and Cyrenaica;
(5) regulation of the port of Tripoli approvcd on December22, 1930;

(6) Gubernatorial ordinanceNo. 3781(?)dated May 11931,for the supply
and use of theedicint box.
With respect to the supervision of fistiing,regulation No. 312of March 27,
1913,specifiesthat :

(Art.2).The administration of maritime fishing is entnisted to the Autho-
ritiesinchargeof Mcrchant Manne activitiesin Tripolitania (Harbour Master's
Office,Port Officesand BeachDelcgation;)
(Art.3).To implement the rules and ascertain the related infractions the
AuthoritiesindicatcinArticle2work inunison withthe RoyaiNavy, withthe
Revenue Officeand withal1other officersof the policeforce.
Based on these provisions and on the gubernatorial instructions of April 16,
1919,whichare replacedby these provisions,the RoyalNavy shipsthat go on a
cruiseor that are saiiinginthe waters ofthe Coloncarryon directsurveil-
lanceof fishingoperations, keepingin mind :hat

(1) the validity of the fishinglegislation extends to the very iimit of the tcr-
ritoriaI waters, that is to Sayup to 6 miIcsfrom the Coast,but it is understood DOCUMENTARYANNEXESTO THE MEMORIALOF LIBYA 269

that ail the spongalgasthat facethe coast and that extend without solution of
continuityevenpast the limitsof the territorial waters,at whatever distance they
might be from the coast, are considered as being included in the territorial
waters ;
(2) the sea border line betweenTripolitania and Tunisia is established by an
approximate north-north-east bearing from Ras Adgir, but in order to avoid
any possibledisputes,it has been agreedthat the demarcationlineoriginatewith
the sarnebearingfrom Ras Makabezin order to establishan area of approxima-
tely 8milesin front of theRas Adgir-Ras Makabez coast line,in whichforeign
flag boats that do not have a permit from the Italian maritimeauthorities must
not be séquesteredbut askedto moveon, unlessthe location in whichthey were
spotted fishingillegally,can be establishedwithout any doubt to fal1withinthe
boundary.
(3) in the case refered to in the preceding paragraph, the Captain that has
taken by surprise and caught the boat in the act, will immediately prepare a
detailed report showing al1the information relating to the craft, to its Captain
or owner as shown on the ship's papers, aswell as the grounds for the
infraction;
(4) the border betweenTripolitaniaand Cyrenaicaisoutlinedby the rneridian
of Gasr el-Muktar, but with respect tothe fihing of sponges, an intermixed
area has been set up defined towards the sea north of the parallell of Buerat
el-Hsun (31.25.00N) to the east by the meridian of Agheila(19.13.00E). Boats
from Cyrenaica are permitted to cross the border line into waters ofripolita-
nia and vice versa in said area in the event of an act of God or to take on a
supply of witterand in anyeventfor a period not to exceed 10days;
This information having been stated in advance we are summarizing below
the controls that must practically be exercisedwhen encountering any fishing
boats or ships:

(b) Controls that Apply Indiscriminate,iro Al1Ships or Boats
(1) ascertain, whether at night the lights prescribed by Article 2 of R.D.
No. 164of Apd 26,1906,are kept on, whichdecreemodifiesregulationNo. 577
of December 13, 1896,to avoid collisionsat sea;
(2) ascertain (if the fishing-net for tunny campaign is in progress) that the
ship or boat is not fishing withinthe exclusivearea of a fishing-netfor tunny
concession, i.e., within 5 kilometres on the westernside of the net, 1kilornetre
from the eastern side and 6 kilometres in front of the fishing-net for tunny
installation (Art.45regulation); .
(3) check that the fishing permit issued by the maritime authorities is on
board (Art. 19,regulation);
(4) check that the seaman in command to whom the permit was issued is
aboard (Art. 23, regulation);
(5) check that no firearms are on board which have not been authorized in

writing by the maritime authorities and that there are no explosives(Art. Il,
regulations);.

(c) Special Controlsfor the Fishingof Sponges wilh the "Diver'sSuitl'Method

(6) check that the ship does not carry on board a number of divers greater
than that corresponding to the fishingduty paid(Art. 37, regulation), checking
for thispurpose the personne1roster issuedby the Maritime Authorities which
must be kept on board ;270 CONTINENTAL SHELF

(7) check, by the use of the diving equipment, the depth and rnakesure that

fishing isnot being conducted at a depth of lessthan 20 metres or more than
60 metres (Art.3 of the Spec. Rules);
(8) check to makc sure that the fishing log is on board and that it is being
kept in the prcscribed manner (Art. 10,regulation);
(9) check to rnakc sure that the fishcd sponges, immersed in water, arc not
smalltr in diameter than wasreported. Equinesponges8 cm, fine sponges4 cm,
zymoches4 cm. (Art.3 1,regulation);
(10) check for presenct and contents of the medicinebox in accordance with
gubematonal ordinance No. 3784of May 15, 1931 (Art.3 of the specialrules);
(11) check to make sure that the work shifts and the rest periods are being
complied with (Arts. 5 and 6 of the Spec. Rules);
(12) check to make sure that there are no sick or injured persons aboard,
which might have beenunduly kept aboard without having been immediately
transportcd ashore and reported to the Maritime Authorities (Art. 8 of the
Spec. Rules) ;

(d) SpecialControlsrelatingto SpongeFishingOperurionswirh
the "DeFernez" Mmk

(13) check by means of diving equipment that fishing isnot taking place in
depths of lessthan 15metres or of more than 50 metres (Art. 2,gubernatorial
decree No. 541 A) ;
(14) verifythat the fishedsponges,imrnersedin water, do not havea diameter
lessthan the following:
equint spongcs 8 cm, fine and zymoches sponges 6 cm (Art.3 of the afore-
mentioncd decree);
(15) check to make sure that at least 6 divers are on board and that cach
diver docs not make more than six (6) dives per day (Art.7 of the aforemen-

tioned decree);
(16) checkthe fishing logas referred to in No. 8;
(17) check the medicinebox asreferred to in No. 10;
(18) check thesick and injuredas referredtoin No. 12;

(e) SpecialConrroisfor the Fishingof Sponges
wirhthe "Gangava "Method

(19) checkto make surethat the craît isnot fishingduring the periods of time
and in the locations that are annually forbidden by appropriate decree of the
Maritime Administration ;
(20) check withdivingequipment that fishingisnot taking place al depths of
lessthan 20 metres (Art.30,regulation);
(21) check the dimension of the sponges as referred to in No.9. If any are
found with a smaller dimension than what is prescribed remove them and turn
them over to the maritime authorities at the first landing place(Art. 31, last
paragraph, regulation);
(22) checkthe ship's logasreferred to in No. 8;

(f)Special ControlsforBoutsAssignedto Fishing
(23) check to make sure that fishing is not being carried out by the use of
material thrown in the water which willweaken, stun or kill the fish and other
aquatic animals (Art. 14,regulation); DOCUMEMARY ANNEXES TO THE MEMORIAL OF LIBYA 271

(24) check iffishing with lurninous sources, that said fishing is not going on
during periods of time and in the locations that are annually prohibited by
appropnate ordinanw of the Maritime Administration of Tnpolitania ;
(25) verifyif trawl net fuhing istaking place,that the meshof the sackcloth is
not lessthan 20 mm on the side (Art. 17,regulation);
(26) verifythat insidethe Port of Tripoli, no ftshiistaking placein a water
space reservedfor the Royal Navy or without a permit from the Harbour Mas-
ter,in the space located south-west of the junction of the landing stage of the
Harbour Master and the head of the November IV landing stage and that no
netsor other floating equipment isbcing kept during the amval or departure of
the seaplanes(Arts. 116and 118of the regulation of the Port of Tripoli).

(g) Infraction
Any infraction that is spotted must be reported by a written report to the
nearest port Authority.
Part of the proceeds obtained from the pecuniary fines inflicted on theviola-
tors asa resultof a conviction or a settlement and frorn those derived from the

eventual sale of the equipment or products sequestered, will be given by the
Judging Authonties after deduction of the costs (as per Art. 68 of the fishing
regulation) to the officersthat have ascertainedthe infraction.
Should the infraction have beenascertained by seamen of the Royal Nav.yor
by officersnot assignedto port operations, the assignedsums of money willbe
turned over to their respective Corps Headquarters for distribution in accor-
dance with particular regulations that might bein effectat the Corps level.
Should the infraction have beenascertained by officers assignedto the Har-
bour Master'sOfficeor to Port or BeachAuthority Offices,the proceedswill be
split withhalf beinggivento the officersthat signed thereport of infraction and
the other half being splitequally among ail the other non-commissionedofficers
and seamen on serviceon the day that said infraction was ascertained, except
those that might be on report.
ShouId the infraction have been ascertained through a Royal Navy ship by
persons not connected with the ship ilself,one-third of the assignedsum wiIigo
to the Ship with the balance being splitup in accordance with the above rules. COKTINEKTAL SHELF

Annex 26

ITALIANROYA LECREE OF 18MARCH 1915,NO.402

[Italiuntexr not reproduced]

(Translation)

ROYAL DECREENa. 402OFMARCH 18,1915,PPROVlNC THECUSTOMS REGULAnONS
FORTRIPOL INDCYRENAICA (U WS AND DECREES, 1915PP.1014AND 1050-51)

UniqueArticle

The attached customs regulations for Tripolitania and Cyrenaica are ap-
proved, seen,by Our order, by the proposing minister.

Article 1

The shore of the sea and the borders with the teroftthe adjacent coun-
tries shall comprisethe customs limit.

Article 26

For purposes of custorns sunieillance, the sta within 12maritime miles from
the shore along the coasts of Tripolitania and Cyrenaica shall constitute the
maritime customs zone, within whial1vessels,whether forcignor Italian, may
be subject to inspection by the authonties in charge of said surveillance.
Within the confines of said zone, the customs agents shall have the authority
to board vesscls of tonnage no greater than 200 tons and require them to
produce their board manifest and other shipping documents.
Vessels bound for ports in the colony and that lack a manifest or that are
suspected of criminal activities withinthe zone of maritime surveillanceshall be

escorted by the agents to the nearest customs house for the drawing up,of a
record of preliminary investigation.
If a vesse1of a tonnage not exceeding 200tons and bofor a foreign port
is found within the surveillance zone withoatmanifest or wita manifest
that lacks the prescribed information, the agents may cscort her out of the
limits of the zone or, in cases suggesting criminal activities, escort her to the
nearest customs house for the drawing up of a record of preliminary investiga-
tion.
The agents may, havingdrawn up such a record, sequester whatever goods of
which the importation or exportation is prohibited and that are found on board
ships whithersoever bound that, except in cases involving acts of God, have
dropped anchor and are lying to withina radius of 12 maritime miles from
shore. DOCUMENTARY ANNEXES TO THE MEMORIALOF LIBYA 273

In case of attemptsunload goods ontoshore andalso to unloadont0 or
transshipo alightervessel,the agenmay requirethe shipto follow themto
the nearestcustoms house for the drawing up ofa recordof preliminary
investigation. CONTINENTAL SHELF

Annex27

ITALIANROYA L ECRE OEF6JUNE 1940 ,O. 595

[Italiatex1not reproducedf

(Translation)

BERTHINGANDSTAY,DURINGWARTIMEO , FNATIONALMERCHANTSHIPS,
WARSHIPS ANDNEUTRALMERCHANTSHIPSINTHETERRITORIAL WATER OSF
THE KINCDOM ANDALBANIA,THEEMPIRE,THECOLONIESANDPOSSESSIONS
(ROYAL DECREE No.595OFJUNE 6, 1940-XVI11)

VictorEmanuelIII, by theGraceoJ God and the Willofthe Nation,
Kingof ItolyundAlbania.Emperorof Ethiopia

In view ofArticles 1,2 and 15of Law No. 969of June 8, 1925;
In view ofArticle3, No. 1,of Law No. 109ofJanuary 31, 19;6
Having heard the opinion of the Council of Ministers:
On the proposal of Il Duce of Fascism, the Head of the ~oveiment, the
NavyMinister;
Wehave decreedand do decree:

Article1

During wartime, it isforbidden for national merchant ships and warships and
neutral merchant ships to approach the territorial waters of the Kingdom of
Italy and Albaniaof the Empire, of the Colonieand possessions unless they
have receivedauthorkationas specifiedin the following articles.The territorial
waters are therefore to be considasoff limits to navigation.

Article2

The followingare considered to be zones dangerous to navig:tion
(a) metropolitan waters

the 12-mile-wideband that surrounds the continental Coastand those of the
following islands: Sicily, Sardinia, Elba, Gorgona, Marittimo, San Pietro,
S. Antioco, Asinara, Pantelleria, Lussino, Cherso:

(b) waters of Albania:
the 12-mile-wideband along the coasts from the Yugoslav border to the
Greek border and those coasts of the island of Saseno;

(c)waters of North Africa:
the 12-mile-wide band along the coasts from the Tunisian border to the
Egyptian border ;

(d) watersof the Aegean:
the 12-mile-wideband around the coasts of the islands of the Possesason
far as the meeting point with the Turkish territorial waters. DOCUMENïARYANNEXESTO THE MEMORIALOF LlBYA

Annex28

ARTICLE 210 OFTHE LIBYACNONSTITUTION

[Arabictexino?reproduced]

(Unoffici Trlmlution)

LIBYANCONST1TUTION OF7 OCTOBER 1951

Article 2IO

All the laws and regulations and orders and proclamations in forcein any
part of Libya at the time the Constitution entered into force, provided that they
are not contrary to principles of liberty and equafty granted by it, remain in
force until they are cancelled, amended or replaced by other legislations pro-
mulgated according to the provisions of this Constitution. CONTINENTALSHELF

[Arabic rext noi reproduced]

(Translation)

ne OfficialGazette
of rheUnitedKingdom of Libya, No. 7,
31 March 1959-22 Ramadan1378 H.Year IX

THE LAW DELIMITIN LIBYANTERRITORIA WATERS

The Senate and the House of Representativeshave passedthe followinglaw,

which,
We, Idris the First, King of the United Kingdom of Libya, have sanctioned
and do hereby promulgate.

Article (1)

The LibyanTerritorial Waters sbtlfixtd at 12nautical miles.

Article (2)

The Prime Minister and the Ministerseach within the area of hiscornpetence
shall executethis Law whichshall take effectfrom the date of its publication in
theOfficialGazette.
IDRIS.

Issuedat Dar as8alem Palace
on 10Shaban 1378H.
Correspondingto18 February 1959
ByOrder of the King

(Signed) AbdelMAJEED KHABAR,
Prime Minister and
the Ministerof Foreignfairs.

Ibrahim Ismail Nasser Wahbi
BENSHABAN, BEN LAMEEN, AL-KHESA, AL-BOORY,

Minister Minister Ministcrof Minister
of Defense ofFinance Communication of State
Abu Abdel Abu Rajab
BAKR NAAMA, HAMJDEDDIBANI, BAKR AHMED, BENKATOO,

Ministerof Minister Minister Ministerof
Education of Justice of Health National Economy DOCUMENTARY ANNEXESTO THE MEMORIALOF LlBYA 277

Annex 30

mrabic rextnotreproduced]

STATUTE 12FORTHE YEAR 1959CONCERNINGFISHINGFOR SPONGE

1,Idris the First, King of the United Libyan Kingdom, have approved and
published the following statute previously concludedby both Houses of Repre-
sentatives and the Senate:

SECT[ONONE. GENERAL ORDERS

Article 1
Fishing for sponge is permitted only in those areas specified by the chief of
transportation in the district.

Article2

No one is permitted to engage in fishing for sponge unless he has obtaiaed
licence for that purpose. The licensing will be issued either in the formaof
Special Licenceor aCommitment to fish in al1or some manne areas.
The licencewill be granted according to the conditions set in this statute. The
commitmcnt willbe regulated by a Special Statute.

The fees for issuance of fishing licences willbe determined by the Minister of
National Economy.

Ship owners, seamen and divers may, according to law, form CO-operative
organizations for the purpose of fishing for sponge. These organizations will be
exempted from registration fees.

Article5

1. Fishing in the areas specifiisallowed only by ships registcred in Libya
according to the Libyan maritime law.
Foreign vesselsare not allowed to fish in theareasunless in accord wita
treaty in which Libya has entered, and then not befafishing licencehasbeen
obtained.
2. Vesse1means al1boats, yachts and residence shipsused infishing projects. CONTlNENTAL SHELF

SECTIONTWO, ON THE PROCEDURE AND CONDrïlONS OF LlCENSlNG

Article6
Applications for a licence must be submitted to the proper office in the dis-
trict concerned. The Chief of Transportation willissueat the beginning of every
year,a statcment in the officialgazette of the district showing the following:

A. Date to submit applications ;
B. Specification for the number of licencesto be issued during the season for
the different types of fishing statcd in Arti22. This spccification must be
agreedto by the Minister of National Economy;
C. The date for granting iicencesto their new owners.

Article7

Requirements of licenceapplicant :
A. He must be of Libyan nationaiity;
B. He must not beconvicted of a felony or crime of dishonour or dishonesty
unless hewas later completelyexonerated ;
C. His name must be registered in the commercial register if he employs five or
more diversin the fishingproject.

During the ten years followingthe enactment of this Statute, the nationality
requirement may be overlooked.

Article8

The licenceapplication form must contain the followinginformation :
A. The name, title, nationality and place of residenceof the applicant ;
B. The name and nationality of the ship and the name of the port at which it is
registcredand its registration numbcr and load data;

C. The name of the captain of the ship the applicant intends to employ, his
nationality, the nameof the port at which he is registered and his registra-
tion number ;
D. The name of the storage ship, its nationality and load, the port at which it is
registeredand its registration number ;
E. The name of the captain of the storage ship, the port at which he is regis-
tered and his registration number;
F. A statement on the methods requested for fishing on the condition that itis
one of those specifiedin Article 22;
G. The name of the foreman employed to supervise fishing, his title and natio-
nality. Iht himselfisthe applicant, heshould mention this in the application;
H. A statement of knowledge of this statute must be made, copies of which
must be given to the captain of this fishing ship and the captain of the
residenceship;
1. If tbe ship designated for fishing is owned by another party, the applicant
must submit a written statement from the owner allowing its use for this
purpose. The owner's permission must show the period for using the ship
and the fishingmeans intended for use.

Article9
One licence is granted per ship, and its granting by the Chief of Transpor-
tation will be the sole responsibility ofthe licensee, with noensuing respon- DOCUMENTARY ANNEXES TO THE MEMORlALOF LlBYA 279

sibility whatsoever on the part of the authority issuing it regardless of the
acceptance by the crew, divers or any other person.

Article IO

The Chief of Transportation willspecifyin the statement mentioned in Article
6 the number of licencesto be granted to foreign ships whosegovernments have
signedagreements with the Libyan Governrnentfor spongt fishingin the Libyan
territorial waters.
If such agreements do not exist, the Chief of Transportation may permit tem-
porary issuance of a limited number of licencesto othcr foreign ships if this is
deemed economicallybeneficialto the country, on the condition that he obtains,
in advance, the approval of both the Ministries of the Exterior and the National
Economy, and subrnits licenceapplication through them.

Article Il

If the applicant fails to receive the licence issued to him on the prescribed
date, the Chief of Transportation may cancel it and offer the licenceto another
who meets the legal conditions reqiiired, taking into consideration the priority
of applicants.

Article 12
In the absence of violations of rules set in this statute, foreign ships whose
owners request licences to fish in territorial waters btcause of international
agreements,are subject to the followingrules :

1. The application must be subrnitted by the consul or his deputy of the coun-
try the ship issubject to, through the Ministries of the Exterior and National
Economy.
2. Official certificatts, authenticated by the consul, must be submitted stating
the following :

A. The fitness of the ship for navigation, the soundness of its engine and
equipment, especiallythe diving equipment, ifthere was any ;
B. The availability of health conditions on board, including the necessary
medical aid supplies ;
C. The availability of food supplies, and their storage in clean areas on
board ;
D. The application of rnedical examination procedure on al1the crew and
divers by the authorities concerned inthe country the ship is subjectto;
E. Accident insurancc by insurance agencies approved by the foreign coun-
try and whose responsibility extends to Libya.

Article13

Al1 ships, Libyan and foreign, must deposit, at the time of receiving the
licences, al1their papers and documents for safe keeping at the fishing office
according to Libyan maritime law.
These papers will be returned to the ship at the end of'the fishingseason after
it submits to the office its licenceand a full account of the arnounts of sponge
fished, their types, weight in kilograms,value in Libyan pounds, the areas al
which each type was fishcd, and a statement from the Department of Customs
or Ports indicating the payment of required fees. CONTINENTAL SHELF

Ttiere must be attached to this account a list of the type and weight of the
amount fishcd by each diver, its value, the advance the diver receivcddunng the
season ;this list must be signedby both the diver and the captain.

Article14
All licensedships that intend to fish outside the Libyan waters must obtain a
special permit from the fishing office concerned before sailing. They must also
state at that time, the weight, type and value of the arnounts fished in Libyan
territorial waters.

Libyan ships must carry their licences when they sail for fishing in foreign
waters.

SECTION THREE. ON FISHING SHIPS AND
THEIR1NSPECilON

Article 15

Ships which use mechanical equipment in their operation should have an
engine.

Article16
The person who is in charge of the operations should provide storage ships of
the following types:

1. One storage ship carrying no lessthan 10tonsfor each fishingship.
2. A residenceship whoseIoad is not Iessthan 20tonsfor two fishing ships.
3. A residenceship whoseload is not lessthan 30 tonsfor three fishing ships.
4. A residenceship whoseload is not lessthan 40 tonsfor four fishingships.
5. A residenceship whoseload is not lessthan 50 tonsfor fivefishingships.

Suppliers rnay agree to use one residence ship for a nurnber of fishing ships
not to exceed the number stated in this article, taking into consideration the
close distance between the fishing zones licensed for each of them. This agree-
ment must be written and presented to the authorities concerned before the
issuanceof a licence.

Arricle17
The supplier must provide the fishing and residence ships with boats and

sufficientequipment to use insaving the crew. A licencewillnot be issueduntil
these have been inspected.
The ship-master must make sure of the presence ofthese boats and equiprnent
before it sails.

Article 18

Subject to inspection before theissuance of a licenceare every residenceship
or fishing ship in whichdivers use mechanical means. The inspection, after the
ship has been preparedfor fishing, willensure the followingconditions:

A. The good condition of the ship'sengine, instrumentsand equipment ;
B. The good condition of diving instruments ;
C. The availabilityof fishingequipment and thcir fitnessfor use; DOCUMENTARYANNEXESTO THE MEMORIAL OF LIBYA 281

D. The availability of spare parts for fishingand divinginstruments;
E. The sufficiencyof food suppliesand their storage in clean areas;
F. The healthy physical condition of members of the crew, ensuring in particu-

lar that divers are in condition good enough to allow them to dive or con-
tinue diving;
G. The first-aid box must contain the medicines and medical supplies that the
divers may need.

The ship'sinspection iscamcd out in the followingmanner :
A. A marine engineer is to be in charge of inspecting the ship, navigation in-
struments, and lifeboats and their equipments.
B. A mechanical engineer will inspect the ship'sengine and aUits systems and
instruments, also the divers'mechanical instruments and related gear such as
dothing, pipes, the metallic head gear and other accessories.
C. The port's medical officer must examine the physical condition of al1mem-
bers of the ship's crewand make surethe first-aid box contains the ntcessary
medicinesand medicalsupplies.

Article20
Fishing ships must be identified on both sidesof the prow by the letter (S) to
indicate they are designated sponge fishing ships. The letter (T) is to be added if
the ship works in the district of Tripoli, or the Ie(B)rif it works in the district
of Eiargha. . -

These letters, togcther with other signs required by law, are ta be fixcd with
the knowledge of the fishing office concerned. They must be well rnaintained
and clearly legible.

SECnON FOUR.ONTHECONDITIONS AND RULESOFRSHING

Article 21

Sponge fishing is prohibited if the sponge'sdiameter is less than eight centi-
metres inthe Quinatype,and iit isnot morethan sixcentimetresin alothertypes.
The fishing officeis to designate the locations wherethe sponge already fished
is to be unloaded under the supervision of the public authority men.

Fishing for sponge is prohibited unless one of the following methods is
foiiowed:

A. Al-Scavendor (with swimsuit and mechanicalinstrument);
B. Al-Fumess (withmask and mechanicalinstrument);
C. Al-Saleeb (with maskand manual instrument);
D. Al-Sibaha (without clothes orinstrument);
E. Al-Fusina (the spear).
The Chief of Transportation, with the approval of the Minister of National
Economy, may issue orders for the use of other methods of fishing bcsides the

methods mentioned, or for the prohibition of fishing by one of them in some
areas or at certain timesif it isdeemedbeneficialfor fishing. CONTINENTAL SHELF

Article23
It isprohibitedto change the methodof Fshingindicatedin the licenceunlessthe
issuingauthority approvesa request submitted and givingreasons for the change.

Article24
It is not permittcd to exceed the following depths when using divers in
fishing:

10 metresin the method of Al-Saieeb;
35 metresin the method of Al-Furness;
60 metres in the method of Al-Scavendor.

Article25

Divers must not stay underwater from the tirne of diving to the time of
surfacing beyond the following periods, and the ship-master must supervise
that :

A. In the method of Al-Scavendor:
Depth Period underwater Sudacing
from tintoef diving period

from 10to 20 metres 30 minutes 15minutes
from 21to 30metres 20minutes 15minutes
from 31to 35 metrts 15minutes 15minutes

B. In the method of Al-Furness:
from 10to 20metrcs 30 minutes
from 21to 30 metres 20 minutes
from 31to 35 metres 15rhinutes
from 36 to 40 metres 10minutes

Article26
The diver is prohibited to dive two conseculive times; he is also prohibitcd to
repeat diving except after al1other divers on board have taken their turn. At al1
times he is not perrnittcd to dive more than four times in one singleday.

Article27
The diver must surface from the sea botlom to the water surface by means of
the speciai rope known as the guide rope (Jwaida). In the method of Al-
Scavendor he is prohibitcd to take off his diving gear before 30 minutes have
passedfrom the timc of hissurfacing abovt water.

SECTlONFlVE. ON THE SHIPS CREW

Part One. On the Ship-Master

The master of a fishing ship that empIoys fivc or more divers working with
mechanicalinstruments, and the master of rcsidcnceship are required :o DOCUMEKTARYANNEXES TO THE MEMORIALOF LIBYA 283

A. Beof Libyan nationality;
B. He must not be convicted of a felony or a crime of dishonour or dishonesty
unlesshe is later exonerated;
C. His name must be registeredin the seamen register;
D. He must successfullypass the examination held before he is conferred the
status of master;
E. He must have engaged in marine work for a period not lessthan three years
under the supervision of an approved master, and must submit a statement
signed by him certifying that he worked undcr his supervision for the period
mentioned. Dunng the ten years following the implementation of this Bill,
the nationality condition may be overlooked.

Article 29
The examination mentioned in the preceding article will cover the following
subjects :

A. Knowledgeof using the mariner'scompass ;
B. Duties of the ship-master according to the orders of marine law;
C. The prescribed directivesfor avoidanceof collisions ;
D. Procedures to avoid accidentsand injuries diversmay faIlsubjectto;
E. Measures of aiding divers when they are injured away from ports and the
use ofmedicinesin emergencies.

Article30

The examination will be administered by a committee composed of the
followingpersons or their deputiesin case of their absence:

Harbour Master Chairman
Fishing OfficeRepresentative Member
Port's MedicalOfficer Member
If the applicant passes the examination the status of shipmaster will be
conferred on him.

Part Two. On the Duties of Ship-Master

Article 31
The ship-master is not authorized to ordcr the ship to sail for fishingunlessit
has on board al1 seamen necessary for operating the machines, and for
navigation and manoeuvres according to the prescribed orders; the ship must
also have on board all the divers and the personin charge of signalsexchanged
with the diver whileunder water.
It is not permittcd to make any changes in crew men unless awritten permit

has been obtained fromthe fishingofficeconcerned.
No one other than the ship-keeper or his representative, and other than the
members of the crew, is permitted to be on board the fishing ship during its
operation in the areas it islicensedto fish in.

Article 32

The ship-master must, beforesailing,make sure of the following:
A. All machines,equipment and tools must be ingood condition to ensure their
protection against damage, and make them fit for immediate use. In284 CONTINENTALSHELF

particular he must securethe safetyof the diving equipment and their fitness
for use during the season and inspect the diving suit and air pipes and
provide ali the needs of the diver whileoperating under water;
B. Lifeboats and equipment in good condition;
C. Spare parts sufficiently available to meet any breakdown in the ship or

divingoperations ;
D. Food supplies sufficientfor the ship men during the period of their absence,
and the storage of thesc supplies in places protective against spoilage and
damage.

Arricle33

The master of a ship that uses mechanical instruments of any kind in fishing
must do the followingbefore the start of daily operations :
A. Inspect these instruments, the air compressor, the metallichead gear, the air
pipes and valves,the divingoutfit to ensure their safety and fitness;
B. Measure the water depth where fishing will take place using the designated
instrument to make sure it corresponds with the depth permitted for fishing
and whichis indicated in the licence.

Article34

The ship-master must verify prior to the diving operation that the diver
knows thoroughly the functions of the instruments he uses in his job, and the
specialsignalshe exchanges withthe ship during hisdive.

Article35

The ship-master must maintain a record book in which he enters daily
observations on fishing,the areas in whichit takes place,the depth of water, the
weather conditions, the accidents and injuries that befall the ship or crew men,
and other observations and information he considers necessaryto record.

Article36

The ship-master is considcrcd responsiblefor the ship fromthe time it sailstill
the time it returns. He is to execual1the orders related to hisjob whether they
are set in this Billor any othcr Bill.
Neither the ship-keeper nor his representative, if he happens to-be on board
for fishing supervision,is to interfere in any of the ship'saffairs.

Article37

If the ship returned to port because of the termination of operations in the
fishingseason, its master or its supplier must notify the fishingofficeof that.

Part Three. On Seamen and Divers

Article38
Two registers are to be established in the fishing office, one for the
registration of divers licensed to engage in diving, and the other for the
registration of seamen licenscdto work in fishingships. DOCUMENTARY ANNEXESTO THE MEMORIALOF LIBYA 285

Orders are to be issued regulating the conditions and requirements pertinent
to this register. 4

Article 39

The age of a person who works as diver must not be lessthan 18 years and
not more than 60. A person whose agt is less than 21 years may not be
registered in the divers register until a writtcn consent by his guardian has been
obtained.

Article 40

A diver or a seaman is not to be employed inthe fishing profession unless his
name is registered in one of the two registers mentioned in Article (38), and
unless he possessts a registration card.
Employment will bc on the grounds of a written employment contract signed
by both parties and witnessedby the fishing officer.
Everycontract not in compliançe withthe orders of this article is invalid.

Arricle41

If the ship-keeper is an alien he must obtain a special permit to employ
Libyan divers or seamen. The permit is to be issued by the transportation head
officein the district that issuesthe licenc;and the contracting will not be valid
until this permithas been obtained.
The orders of this Billwillapply to the contract.

Article 42

The contract between the contractor and the seamen, including the captain is .
based upon the monthly salary, or un the basis of this salary plus an agreed-
upon share of the spongegathered by the spongeboat dunng the seasons.
The contract betweenthe contractor and the divers isalso based upon a share
of the gathered spongc. Under al1circumstances, the contractor is to bear al1the
feeding, supply and accommodation expenses and other aspects related to the
sponge-gathering project.

Article43

The sponge-gathering captain is to bc sure that al1divers'and other seamen's
families are cared for dunng the sponge gathering period. If nceded, the captain
is permitted to force the boat's owner to pay a portion of the divers'or seamen's
salary to their families.

Article44

If one of the seamcn or divers did not get on board the boat after he had been
notified of its sailing date, the contractor has the right to breach the contract,
request what fiad becn advanced and askto be compensated for-if it could be
justified.

Article45
The boat's captain is to point out to the divers and seamen their individual
duties as described in theiremployment contract. Each isto perform his work as
is asked to and to be on time and at the right placethat the captain specified. CONTINENTAL SHELF

Article46
The seaman or diver cannot be asked to perform ajob not within his skill or
not included in his employment contract unless he has beenordered to by the
captain because of extraordinary circumstances, or a danger threatening the
boat, the people on board or its cargo, the seaman or diver then will not be

entitled for extra pay for these works.
The crew on board the boat is considered to be united towards saving it and
themselves.

Article47

The seamen and divers are entitled for a paid rest period of 24 hours for every
six working days. They are also entitled farpaid rest day on officialholidays.
If the need arisesto askthem to work during the holidays they are entitled to
another rest day ata later time or they coulbe compensated for by double pay
for the duration of the time worked during those holidays. In this case,the
divers'salaryis basedupon the highestsalarypaid toaseaman.

Article48

The port director is to settle any spongc gathering disputes arising between
the boat's captain, seamen or divers. If the dircctor cannot settle the dispute
amicably, he is then to writa report and send it to the concerned court to take
the necessaryaction. The court willnot accept any cases unlessthis measure has
bccn taken.

CHAPTER SIX

ACCIDENTS AND INJURIES

Ariicle49

The contractor isto insure the livesof the seamen, divers and captain against
work accidents and resulting injuries.The boat will be granted a permit after a
letter presentation by the Social Security Organization stating that the
contractor has paid his insurance fees and that the insurance coversthe present
employeesas wellas the new oneswho are workingduring the same season.The
Transportation Officeis to mark that on the permit.

Article50

At the end of the sponge gathering season, the contractor is to have hisdivers,
seamen and captain inspected by the port's doctor after their return to port to
be sure of their safety. If anyone is injured or sick, the doctor is to take the
necessary medical measures and inform the sponge gathering office. Under al1
circumstances,the doctor isto register his results in their registerbook.

Article51
The captain and the contractor are to inform the sponge gathering office of
al1accidents or injuries occurring on board or to the boat itselfin order for it to
be marked down in its registerand permit. DOCUMENTARYANNEXESTO THE MEMORIALOF LlBYA

Article 52
The contractor is responsible for treating the captain, seamen and divers in
case of their illness or injuries and is to pay their wages under the following
conditions:

A. If the illness or injury is a result of the woal1medical expensesare to be
paid by him during the treatment period, but not to exceed 120days. He is
to pay their fullwagesduring this period;
B. If the illnessor injury are not the result of work, but not done on purpose or
are not due to carelessnesson the part of the patient:

then the contractor is to pay his treatment expenses for a maximum period
of 120days; yct, he isentitled to be reimbursed for expenses that exceed an
80-day period. He also has to pay the full wagcsduring the treatment period
if it does not excee80 days;
C. If the sicknessor injury isa resultof misbehaviour,drunkennessor isdone on
purpose, the contractor is to pay the treatment expenses, as long as the
patient is on board the boat; but, he is not obliged to pay his wagesduring
that time;

D. The diver'ssalary in A and B above is based upon the highest salary paid to
a seaman ;
E. The contractor thcn could claim al1expenses to the insurance Company
which willreimburse himaccordingto the terms of their contract.

Article 53

An illnessor injuryis to be proven by testimony from the doctor of the port.
Those concerned could question the doctor's judgment by referring to the
committeestated in Article 55.

The port's doctor is to observe the patient's injury or illness through his
treatment period. The doctor is to prove whateverinformation or knowledgehe
gets in writing on the patient's or injured'scard and special register. In caof
death, the doctor isto write areport of its causes.

Article 55
The captain, seamen and divers could be prevented from carrying on their
responsibilities when the port's doctor proves that they are not physically fit.
Their permit wouldthen be cancelled.
They could question the doctor's judgment by presenting a petition to a
committee to be formed by authorization from the health supervisor. The
contractor could also question the doctor's judgment, in front of the same

cornmittee,if he determinesthat they can work.

Article 56

If the seaman or diver dies as a result of hisaccident the boat's captain is to
cary the dead body to the nearest port where there isa government authority.
The captain is to present the authorities with a detailed report of the causes
and conditions of the accident. The police authorities have to detain the boat288 CONTlNENTAL SHELF

and its crew and guard its machines untilal1investigations are complete and the
cause of death hasbcen established.
The boat would be permitted to sail again after being granted a permission
fromthe Public Defence.All this hasto be done at utmost speed.

Article 57

The contractor is to bear the burial expenses of the boat's captain, one of its
seamen or divers if they die while on duty. If it is decided that an indemnity be
awarded to the farnily of the deceased, and the contractor does not pay it, the
Transportation Supervisor could then withdraw the boat's permit. He will only
regain it after he presents an official acknowledgcment from the heirs that he
has executed the indcmnity requirements accordingto Article49.

CHAPTERSEVEN

CRIMES AND PUNISHMENTS

Article 58
Thecontractor, captain, one of the divers or seamencould be sentencedto six
months imprisonrnent and the payrnen of a fine not exceeding100 guineas, or
with either of the two if he does not abide by any of the clauses of this law or
the published bulletin.

Article 59
The sponge gathering equipment and the gathered sponge would be
confiscated if the sponge gathering took place without a permit in the Libyan
Territorial Waters. The confiscation ruling could alsotakeplace if the sponge
gathering took place in an area other than the one that had been authorized.

Article 60
The court could stop the boat's permitfor no more than six months at the
time of a guilty ruling. The authorities concerned could'confiscate the boat
during that time at the responsibilityand expense of its owner.

Article61
Whoever possesses, owns, sells, transfers, or deals in any way with sponges
that do not meet the requirements stated in Article 21, wouid be sentenced
according to the tcrmsof Article58 and the cargo confiscated.

Article 62
The employeesappointed by the CommissionSupervisor have the legalpower
to check for al1violations breachingthis law and regulations.

Arricle 63
The Minister of National Econpmy, based on the suggestion of the
Communications Supervisor in the concerned States, shall promulgate the
appropriate regulations to implementthis law. DOCUMENTARYANNEXESTO THE MEMORIALOF LIBYA 289

Article 64

The Minister of National Economy is to enforce this law after two months of
its publication intheicialpaper.

IDRIS,

Issued at Dar El YernenPalace on 9 Moharra, 1379Hejreyah= 15July 1959.

Byorder of the King

Ragab BEN KATO, Abdel MEGUID KAABAR,
Minister ofNational Economy. Prime Minister.

Royal Decree

Law amending sorne rules of Law 12 of year 1959 regarding fishing for
sponge.

Weldris the First, Kingof the United Kingdomof Libya,
Aftcr reviewingArticle 64in the Constitution, and Law 12o1959regar-
ding fishingfor sponge, and accordingto what ispresentcd to us bythe Minister
of Industry, and theproval of the Council of Ministcrs,
We issuethe following:

ArticleUne

The expression "Minister of National Economy" and "Ministry of National
Econorny", which appear within the paragraphs of 12of year 1959regard-
ing fishing for sponge, are to be replaced by the expression, "Minister of
Industryw.

Article Two
The Minister of Industry isto enforcethis Decree,and to be effective frornthe
dateofits publication in the officialpaper.

IDRIS.

lssued in Al Beydaa o8Rabei El Awal, 1382Hejreyah = 8 August 1962.

Byorder of the King

Mohammed OSMA NLSEID, BclkassemAL ELAKI,
Prime Minister. Minister of Industry. CONTINENTAL SHELF

Annex 31

LIBYAN DECISIO NNO.1 OF 1960AND DECISIO NNO.1 OF 1961

[Arabic lextnul reproduced]

A. TRIPOLISLEGISLATION

DecisionNo. 1for the year 1960- DecisionNo. 1for the year 1961-
Restricted Areas in which sponge Restricted Areas in which sponge
could be gathered1,the Transporta- could be gathered1,the Transporta-
tion Supervisor for the Province of tion Supervisor for the Province of
Tripoli (Tarablus Al Gharb) Tripoli (Tarablus Al Gharb)

after reviewingArticle 1of Law No. after reviewingArticle 1oLaw No.
12for the year 1959,with respectto 12for the year 1959,with respectto
sponge fishing, the gathering of sponge and Decree
Itwas decided No. 1 for the year 1960for restrict-
ing the areas in which sponge could
be gathered,published in the official
newspaperdated May 1, 1969.
The areas in which sponge fishing
may be permittcd arc situated along It wasdecided
the coast of the Province of Tripoli,
Articl1
asfollows:
1. Local spongers: From the point The areas in which sponge gather-
of Ras Abi Karnmash to the ing is permitteare along the coast-
northeast, betweenlongitudes30- al strip of the Provinceof Tripoli,
22' east, and Afra Quany which asfollows:
is located at longitudes 17'-14'
east. This quarry isbetween Al 1. Local spongers: from the Head
Khurns and Zlitan of the nor- (Ras) Aghdeer at the dernarca-
tions of longitudes 30'-34'-11'
thern and eastern provinces. eastto ZlitonQuayakthedemarca-
2. Foreign spongers: Starting point tion of longitudes 00-34'-14'east
is from Abi Kammash and dong and the watcr across.
the same degrees mentioned in 2. Foreignspongers: foreign spong-
the above item, and to end at the ers are permittedto gather sponge

1 Tripoli'officialncwspapcNo. 9, 1Tripoli'sofficial ncwspapcr,No. 5,
datcd1May 1961. datcdI May 1961. DOCUMENTARYANNEXESTO THE MEMORIALOF LIBYA 291

port of Tripoli between longi- in the Province of Tripoli frorn
tudes 11'-13'east. Head (Ras) Aghdeer, from the
same demarcations mentioned in
the above paragraph, to the area
Westof Tripoli's port lighthouse,
This decision will beeffectiveas of i,e,, in the demarcations of longi-
its published date in the official tude0047'-13' east and the water
newspaper. acrossfrom it.

Abdallah ALZIDAM, Article 2

Transportation Supervisor. This decision will beeffectiveas of
its published date in the official
newspaper.

SharnsAL DEEN MOHSEN,

Transportation Supervisor. CONTINENTAL SHELF

Annex32

LIBYAN PETROLEUM LAW NO.25 OF 1955

[Arabic text no1reproduced]

Theofficial Gazetteof the UnitedKingdomof Libya,
No. 4, 19tJune 1955-29th Shawwol1374, Vol. V

'LAW NO. 25OF 1955

THE PETROLEUM LAW 1955

TheSenareand the Houseof Representatives havepussedthefollowing hw,
which.
We, Idris the First,King ofthe United Kingdom of Libya. havesanctioned
and do herebyprornulgaie:

Article I

Petroleumproperty ofState

(1) All petroleum in Libya in its natural state in strata is the proptrty of ihc
Libyan State.
(2) No person shall explore or prospect for, mine or produce peiroleum in
. any part of Libya, unlessauthorized by a permit or concessionissued under this
law.

Article2

Ertablishmentofpetrokum commission

(1)There is hereby established a public autonomous juridical Petroleum
Commission, having a separate Budget annexed to the Budget of the appro-
priate Ministry, which shall consist of a Chairman and at least three other
members to be appointed and removedfrom officeby Decree on the submission
of the Prime Minister with the agreement of the appropriate Provincial autho-
rities. A representative appointed by the Minister may attend meetings of the
Commission,but shall haveno vote in the proceedings.
(2) Membersof the Commission shall, as far as possible, bepersons of exper-

ience infinance, economics, commerce,Iaw or engineering. No Minister, Nazir
or Member of Parliament or of any LegislativeAssemblyshall be appointed to
the Commission and any member who is elected or appointed to one of thest
posts shall immediatelycease to be a member of the Commission.
(3)The Commission shall, in the narne of each and every Province, be re-
sponsible for the implementation of the provisions of this Law under the super-
visionof the Minister.
(4) Al1decisions in respecof the grant, assignment, renewal,surrender or
revocation of any permit or concession under this Law shall be made by the
Commission and shall be immediatelysubmitted to the Minister for approval or 143-441 DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 293

rcjtction. Al1decisions of the Minister and of the Commission shall be notified
in writingwithout delayto al1interested parties.
(5) The Commission shall determine its own rulcs of procedure which shall
provide that the quorum shall consist of three-quarters of its members, that its
decisions shall be ba two-thirds majority vote of those present at any meeting
and that in case oan equai division the Chairman shall havea casting vote.
(6) The Commission shall appoint a Director of Petroleum Affairs (herein-
after called"the Director")ho shall carry out such duties as are assignedto him
under this Law and the two Schedules hereto and such other duties as may be
assigned to him by Regulations issucd under this Law or by the Commission.
The Commissionshall also appoint such other officiaisas may be necessary.
(7) Al1expenditure approved by the Government and incurred by the Com-
mission including the remuneration of its members and staff shail be paid out of
the Federal Budget.

Article3
Petroleumzones

For the purposes of this Law, the territory of Libya shall bedivided into four
petroleum Zones :

The First Zone shd consist of the Province of Tripolitania;
The Second Zone shall consist of that part of the Province of Cyrenaica
which liesnorth of the 28thparallel of latitude;
The Third Zone shall consist of thnt part of the Province of Cyrenaica which
liessouth 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 seabcd and subsoil which lie beneath the
territorial waters and the high stas contiguous thereto under the control and
junsdiction of the United Kingdom of Libya. Any such seabed and subsoiladja-
cent to any Zone shail for the purposes of this Lawbe deemed to bepart of that
Zone.
(2) If there is doubt as to the boundary of any Zone the Commission shall
determine the boundary of such Zone for the purposes of this Law only; and if
by reason of such determination it becomes necessary for the applicant to
amend his application, or to make a new application, he shall be allowed one
month to do so after receipt ofa request so to do, without loss of priority.
(3) If a subsequent determination of the boundaries leads to an adjustment of
the boundaries as determined by the Commission, such adjustment shall not
affect the validity or extent of permits or concessionsgranted within thearea or
areas affectedby the adjustment.

Article5

Eligibleapplicants .
(1) The Commission shall consider applications for permits or concessions
submitted by eligible applicants only, and in determining the eligibilitof any
applicant, the Commission shall have regard to the following:294 CONTINENTAL SHELF 144451

(a) the furthcrance of the public intercst;
(bl (i) the applicant's compliancewith relevant Lawsand Regulations;
(ii) hisprevious activitiesin the petroleum industr;
(iii) his previous experiencein the conduct of similar operations ;
(iv) his financial and technical capacity to conduct the contemplated
operations.

(2) In determining the eligibility of an applicant who is a subsidiary of a
company or a member of a group of companies, thereshall be taken into consid-
eration the possession of the aforesaid qualifications by the parent company or
group of companies of which he is a member and the extent of the availability
to the applicant of such qualifications.

Article 6

(1) Applications for permits shall be submitted in triplicate to the Commis-
sion which shall forward a copy to the Minister. Separate applications shall be
submitted in respect of each petroleum Zone.
(2) The applications shall show the area the applicant desires to work, and
contain short particulars in respect of the matters referred in Article 5 of this
Law. The applicant shall, at the Commission's request, furnish any further
relevant information. All information submitted under this paragraph shall be
treated asconfidential.
(3) The Commission rnay grant a permit in the form set out in the First
Schedule to this Law and not othenvise, provided that the permit may contain
such minor non-discnminatory variation as may be required to meet the cir-
cumstances of any particular case.
(4) Such a permit may be granted in respect of any area and shall entitle the
holder thereof to carry out the operations permitted therein within the specified
area and in accordance with the terms 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 halder, or to enter into prospecting and de-

velopment sites without the express permissionof the concession holder.
(5) The grant of a permit does not of itself entitle the holder thereof to a
concessionin respect of any area.
(6) A permit shall be granted on payment of the fee specified in the First
Schedulehereto.
(7) A permit may be granted for a penod of one year and may be renewedon
payment of the specifiedfee.

Article 7

Applications for concessions

(1) Applications for concessions shall be submitted in triplicate to the Com-
mission whichshall forward acopy thereof to the Minister.
(2) The appIication shaiI show byreference to the official map of the Com-
mission the area the applicant desires to work, which area shall conforrn as far
as possible to the grid lines of the official map of the Commission and shall
contain short particulars in respect of the matters referred in Article 5of this
Law. The applicant shail, at the Commission's request, furnish any further 1461 DOCUMENTARY ANNEXES io THE MEMORIALOF LIBYA 295
I
relevant information. Ali submitted under this paragraph shall be
treatcdasconfidential.
(3) No singleapplication shall to more than one petroleum Zone.

A rticl8
Conflicringapplications
l
(1) If more than one person submil applications for concessions over areas
which overlap in whole or in part, prcference shallbe givento the first person to
apply to the Commission, provided that the following applications shall be
deemedto be simultaneous : 1
(a) al1 applications for concessio~is received by the Commission before
midnight of the seventhday after the coming into force of this Law;
(b) thereafter al1applications submittqd on the same day.

(2)Al1sirnultaneous applications fof concessionsover areas which overlap in
whole or in part shall be dealt with as fall:ws

(O) the Commission shall cal1togethe; the representativesof the applicants and
invite them to settle their conflicting applications between themselves
within 30 days or such longer ;period as the Commission rnay deem
necessary and to amend their applications accordingly within the same
period. Applications rnay be amended by the addition of other areas
provided that the maximum area pcrmitted under this Law is not exceeded
but such additional areas mav not overlaa anv area then included in anv
application submitted simult~neo~slywiti the original application, ~n;
amended av~licationshall be deemed to have been submitted on the date of
the originaiapplication ;
@) if the applicants failto agree, the kommission shall mediate between them
and in the course of the mediation, the applicants and the Commission
shall together consider al1methodsjofsettlement proposed by each of them;
(c) in order to facilitate settlementunder this paragraph, the Commission shall,
subject to Article 2 (4) of this Law, allow without delay an increase in the
maximum number of concessions unless this is contrary to the public
interest; 1
(d) if an agreement by mediation cannot be reached, the Commission rnay
either require the applicants to pool the overlapping area or areas, divide
the overlapping area or areas into blocks and distribute such blocks by lot,
orrnay adopt such other objectivesolution as it deems appropriate.

Arricle9

Grant of concessions
(1) The Commission rnay grant conc'essionsin the form set out in the Second
Schedule to this Law and not otherwise, provided that they rnay contain such
minor non-discriminatory variations as rnay be required to meet the circum-

st(2) Beforethe grant of a concession,the Commissionrnayrequire the applicant

to furnish a wntten undertaking to abstgn from al1political activityin Libya.
(3) An applicant rnay be required blre the grant of a concessionto deliver
to the Commission a guarantee by way of bond or banker's guarantee in a
sufficientsum not exceedingfifty thousknd Libyan pounds (£L.50,000)to secure
the due performance of his obligations\under al1concessions held by him in296 CONT~NENTAS LHELF i471

Libya. Such bond or banker'sguarantec shall be maintained at a constant figure
throughout the life ofthe concession, and such bond or banker'sguarantee shall
be accepted by the Director af Customs in lieu of any bond he may require
under the Customs Law.
(4) Concessions shall be granted for the period of time requested by the
applicant provided that such period shall not exceed fift(50)years. A conces-
sion rnay berenewed for any period such that the total of the two periods does
not exceedsixty (60)years.
(5) No concession rnay be granted in respect of any area included in any
existingconcessiongranted hereunder.
(6) The Commission rnayhowevergrant concessions coveringadjoining areas
lyingin two or more Zones.
(7) The boundaries of every concession granted hereunder shall conform as
far as possibleto the gnd linesof the officialmap of the Commission.
(8) The maximum number of concessions and the total areas which rnay be
held at one time by any person are as follows:

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

(i) the Commission rnay grant concessions in excess of the maximum
number permitted hereunder and shall give reasonable consideration
to applicationssubmitted for that purpose;
(ii) no concession in which there is an oil ogas well shall be included in
computing the number of concessionsheld by a concessionholder ;

fi) 30,000square kilometres in each of the First and Second Zones and 80,000
square kilometres in each of the Third and Fourth Zones.

(9) If the Commission deems it to be necessary in order to develop areas not
includedin any pending application or existing concession,the Commissionrnay
cause to be published in the Offici G alettea notice inviting applications for
concessions in respect of those areasand rnay grant concessions in accordance
with the provisions of this Law to persons who submit such applications and for
the purpose of this paragraph, such applicants shall be deemednot to hold any
concessionsin the Zone concerned at the time of such application.
(10) The concession holder shall have the right to enter and occupy free of
charge for the purposes of his operations under any concession granted under
this Law any land within the concession area other than private land, provided
it is not then in the lawfuloccupation of somt person.
(11) If the concessionholder fails to agree with a private landowner or lawful
occupier of other than private land asto the terms on which he may enter and
occupy the land in question the concession holder shall immediately notify the
Director. If the occupation is to be of a temporary nature, not exceeding ont
year, the Director shall authorise such temporary occupation upon deposit by
the concession holder with the Commission of a sum by way of reasonablc

compensation to such landowner andior lawful occupier for loss of use of and
damage to the interest in the land as the Director shal determine. If the occupa-
tion is to be fora longer period than one year the Commission shall authorise
occupation by the concessionholder of the land in question upon deposit by the
concession holder with the Commission of such sum by way of reasonable com-
pensation as the Commission shalldetermine and the Commission shall direct
appropriate proceedings to be taken to put the concession holder into posses-
sion of the land under the law from tirnt to time in force. as if the concession i481 DOCUMENTARYANNEXESTOTHEI MEMORIAL OF LIBYA 297
holder's operations were in al1respebsa work of public utility. In the event of
any dispute asto the nature and extent of the interests of clairnants to the land
or the arnount of compensation payable by the concession holder, the Commis-

sion shall refer the dispute for dete~ination by an appropriate court of Law
and the Commission shall pay to the respective claimants such sum by way of
compensation as may have been deprmined by the Court. The Commission
shall pay to or obtain from the concession holder (as the case may be) the
amount by which the sum dePoshed!by the concession holder exceeds or falls
short of the total compensation pay&le to the claimants.
(12) The concession shall not confer upon the concession holder the right to
do any work within the precincts ofcemeteries, placesused for religiousworship
and places of antiquityas defined inthe Antiquity Laws from time to time in
force. Any works of art or antiquityldiscovered by the concession holder shall
be subject to the law from time to tirn~in force.
(13) No drilling or any dangerou: operations shall be conducted within 50
metres of anypubtic works or permaqent buildingswithout the previous consent
of the Director, and subjectto such conditions ashe may impose.

Surrender

(1) Within a periodof fiveyears the date of a concession,the concession
holder shall reduce the concession 75 per cent of its original s;within
eight years from the said date, the concession holder shall further reduce the
concession area to 50 per cent of its original size and withinten years frornthe
said date the concession holder shall further reduce the concession area to
33% per cent of its original size in 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 howevtr that in no case shaU the
concession holder be required at any ltimeto reduce the concessioarea to less
than 3,000 square kilornetres each in the First and Second Zones and to less
than 5,000square kilornetreseach in the Third and Fourth Zones.
(2) The concession holder shall be entitled at any time, by giving three
months notice in writing to the Commission to surrender the whole or any part
of a concessionarea.
(3) The areas which the concession holder givesup under paragraphs (1) and
(2) shall be freely chosen by the conyssion holder in one or more blocks pro-
vided that the block or biocks retained by the concession holder shall each be
reasonably compact and be boundedlas far as possible bythe grid lines of the
officia1map of the Commission. Theconcession holder shallcontinue to enjoy
the full rights granted to him under the respectiveconcession contract over the
areas retained by him.
(4) Notice of surrender shall be acfompanied by a rnap referring to the offi-
cial rnap of the Commission and a description indicating the precise extent of
the land surrendered and the land ret+ned.
(5) The concession holder shall in fespect of any lands he gives up as afore-
said, except as provided in Clause 26of the Second Schedule to this Law,cease
to enjoy any of the rights conferred utohim by the concessionand to bear any
of the responsibilities thereby imposyd upon hirn except as 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 holder to the easements he may
'.exerciseover the surrendered areas. 1 CONTINENTAL SHELF (491

Article II
Workingobligarions

(1) The holder of any concession granted under this Law shall, within eight
months of the grant of such concession, commence operations to explore for
petroleum within the concessionarea. He shail diligentlyprosecute al1his opera-
tions under the concession in a workmanlike manner and by appropriate scien-
tific methods. In furtherance thereof he shaHspend in Libya, or efsewhere,not
less than the following sums or their equivalent on, oinconnection with,the
said operations including general organizational, overhead and administrative
expensesconnected therewith :

(a) In respect of all concessionsin the First and Second Zon:s
During the first five yearsat the averagerate, overthe period and overthe
total area held in the Zone, of one-and-a-half Libyan pounds (£LI% p)er
square kilometre per annum ;
During the next three years at the average rate, over the period and over
the total area held inthe Zone, of threc-and-a-half Libyan pounds (fL3H)

per square kilometre per annum;
and thereafter during each successivefiveyear period at the average rate
over such period of six Libyan pounds (£L6 )er square kilometre per
annum.
(b) In respect ofal1concessionsin the Third and Fourth Zones :
Duringthe firsteightyearsat the averagerate, over the periand overthe
total area held in the Zone, of one-and-a-half Libyan pounds (EL1W)per

square kilometre per annum ;
Duringthe next four yearsat the averagerate, over the period and overthe
total area held in the Zone, of three-and-a-half Libyan pounds(fL3W) per
square kilometre per annum ;
and thereafter during each successivefiveyear period at the average rate
over such period of sixLibyan pounds (EL6) per square kilornetre per
annum.
(2) Any sum spent during any of the working periods specified above in
excess of the minimum sum prescribed for that period shall be carried fonvard
as a credit to the Company against the expenditure requirements for the fol-

lowingperiod or pcriods.
(3) If at the expiration of one-half of any of the working periods specifiedin
subparagraphs (a)and (b) above it appears to the Commission that a concession
holder has seriously ntglected his obligations in respect of any Zone, the Com-
mission may require such concession halder to deliver to it a guarantee in the
form of a bond or banker's guarantee in asum which shall not exceed the total
outstanding expcnditurc obligations remaining unfulfilled in that Zone. Such
guarantee may at the end of the said period be forfeited to the Commission to
the extent that the concession holder may have failed to fulfil his expenditure
obligations.

Article 12

Pipelinefacilities

Any concession holder having surplus pipeline capacity shall make such sur-
plus capacity available for the transport petroleum of other persons on terms and conditions to be agreedwhich shdll conform with those normally prevailing
inthe petroleum industry.

Fees,rents and royalties
The concession holder shall in respkct of each concession granted hereunder

PaY:
(a) a fee of five hundred Libyan bounds (£L500 )pon the grant of the
concession ; i
fi) subject to the provisions of the S~condSchedule hereof the following sur-
face rents for each 100square kilqmetres held:
(i) for concessions locatedwithiAthe First and Second Zones ;ten Libyan
pounds (£LIO)for each of th:efirst eight years, twenty Libyanpounds
(£L20) for each of the next yen years or until petroteum is found in
commercialquantities, whicheveristhe earlier; and
two thousand five hundred Libyan pounds (£L2,500) for each year
thereafter;
(ii) for concessions located within the Third and Fourth Zones: five
Libyan pounds (£LS )or each of the first eight years, ten Libyan
pounds (fL10) for each of the next seven years or until petroleum is
found in commercialquantities, whicheveristhe earlier ; and
two thousand five hundred Libyan pounds (£t2,500) for each year
thereafter;

(c) a royaltyof 12%per cent aspov;ded in the Second Schedule hereto which
shall abate any rents payable in accordance with Clause 9 of the Second
Schedule. I
I

'
Taxationand Divisio onfProjTts t
(1) The concession holder shall pab such income tax and other taxes and
imposts asare payable under the Laws of Libya but shall not be subject to any
form of taxation or other exaction ofjsuch a nature as to render him liable to
taxation or other duesnot payable by plrsons in generaloperating in Libyaother
than fees,royalties and surface rents made payable under this Law:
Provided however that-
I
(a) if in respect of any complete yeih after the effective date as hereinafter
defined the total amount of the Ifees, rents, royalties, income taxes and
other taxes and imposts for whichlaconcessionholder is liablein respect of
operations and income therefrom ?rider al1the petroleum concessionsheld
fined during that year, the concession holder shall pay to the Commissione-
such sum by way of surtax as will make the total of his payments equal to
50per cent of such profits; I
fi) if in respect oany complete ycar/after the effectivedate the total amount
of the fees, rents, royalties, income taxes and other taxes and imposts for
which the concession holder is lia$le asaforesaid exceeds50per cent of the
said profits of the concession holdyr during that ycar, he shall be entitled to300 CONTINENTAL SHELF (50-511

deduct from his total payments to be made to the Commission a sum equal
to such excess. If the sum which the concession holder isentitled to deduct
exceedshis unpaid liability in any year, the excessshall be considered as an
advance payment of any sums payable to the Commission in the following

year or years.
(2) In this Article-

"effectivedate" means the dateon which the concession holder first reachts a
levelof regular exports of petroleum averagingfifteenthousand (15,000)barrels
a day measured over a period of thirty consccutive days under al1his conccs-
sions in Libya or the expiry of four years from the date when petroleum is first
exported regularly by theconcession holder, whicheverin the earlier;
"profits" for thepurposes of paragraphs (1) {a) and (b) means in respect of
any year the income of the concession holder obtained from al1his petroltyn
exploration, prospecting, mining and producing activitiesin Libya in that year
after deducting:

(a) al1expenses and losses,except fees,rents, royalties, incometaxes and other
taxes and imposts payable, incurred by the concession holder in carrying
out such activities and properly attributable thereto irrespective of where
incurred. Exploration and prospecting expenses, intangibledrillingcosts as
defined in the Regulations, to the extent such expenses and costs are not
incidental to the procurement or installation of physical assets, the cost of
drilling wells not productive of petroleum in commercid quantities and
expenscsof organizingand initiating petroleumoperations in Libya, maybe
deducted in the year in which they are incurred or they may bc capitalized
and amortized as provided below. The election to deduct or to capitalize as
aforesaid may be made annually by the concessionholder. The unamor-
tized balanceof the cost of physicalassetsabandoned during theycar may be

deducted in the year of abandonment ;
(ô) an amount in respect of amortization during that year of capital expendi-
tures on physical assets used in connection with such operations, and of
expenses incidental to their procurement and installation, computed inthe
case of al1such expenditures incurred before the effectivedate, irrespective
of the date incurred, at a rate, not exceeding20.per cent per annum, to be
elected annually by the concession holder, until al such expenditures are
fully amortized; and in the case of al1such expenditures incurred on or
after the effectivedate, at a rate not exceeding 10per cent per annum, to be
elected annually by the concession holder, until al1such expenditures are
fully amortized;
Cc) each year for depletion allowance irrespectiveof the amounts so deducted
in any previous years, an amount equal to 25 per cent of the gross income
of the year,as hereafter defined, but limited to 50 percent of the profits of
the year computed after deduction of the amounts specified in subpara-
graphs (a) and (b) above but before deducting the amount specificdin this
subparagraph. Gross incomefor the year for the purposes of calculating this
depletion allowance shall consist of income derived from the disposal of
petroleum produced by the concession holder in Libya less the cost of
handling and transpodng it to the place ofsuch disposd.
In lieu of the aforesaid deduction the concession holder may in any year
deduct an amount for the amortiration of al1capital expenditure made in
connection with such operations other than those made on physical assets,
incurred before the effective date, irrespective of the date incurred, at the [SI-521 DOCUMEmARY ANNEXES iTO THE MEMORIAL OF LlBYA 301

rate of 20 per cent per annum, bd in the case such capitat expenditures
incurred on or after the effectivqdate at the rate of 5 per cent per annum
until such expenditures have beqn fully amortized by virtue of al1dtduc-
tions made under this subparagraph(c).
I
(3)Where in respect of any year ,the total of the deductions taken under
paragraph (2)of this Article for the determination of profits exceeds the gross
income in respect of that year before ?king the said deductions, the excessshall
be carried forward and,as far asrnay be, deducted from the profits of subse-
quent years up to a maximum of 10ybars.
(4) A permit or concession holder; who participates in joint operations in
connection with such permit or concqssion may, in respect of such operations,
report his rateable proportion of incpme therefrom and expenses therein and
makc dl ptrmitted elections indcpend~ntlyof the othcr persons participating in
thejoint operations, providcdthat one,or more of the persons in the joint opera-
tions is carrying out othcr independent operations in Libya undtr this Law.
lncome and expenses so reported may be consolidated with those in respect of
other operations being carried out bFm in Libya under this Law.
(5) In computing profits as herein defined sound accounting practices usual
in the pttroleum industry shall be employed.
I

To whom fees, rents, royalties,surtaxesandincometaxespayable

Al1 fces, surface rents, royalties and surtaxes levied under this Law and
income taxes shall be paid to the Commission which shall transmit the pay-
ments to the appropriate authorities.1

Exemptionfrom certainimport and export dulies
I
(1) A permit or concession holder 8r any contractor employed by him may
import free of duty, plant, machinery,(tools, equipment and materials logether
with such other goods as may be spelified from time to time in Regulations
issued under the Customs Law intended to be used in Libya for petroteum
exploration, prospecting, mining, trangporting, processingoperations and acti-
vitics connected therewith. Provided, however, that such exemption shall not
apply to any goods included in this paragraph which are available in Libya of
suitable type and reasonably comparable quality, and at no higher price, pro-
vided that in comparing pricesto the pnce of the imported goods shallbe added
Customs duties and other expenses incurred up to the time the imported goods
reach Libya.
(2) Other goods which are dutiable inder the Customs Law shall be subject
to the payment of the appropriate duty.j
(3) Any person intending to sel1 or transfer any goods which have been
imported free of duty under paragraph (1) hereof shall bcforesuch sale or trans-
fer make a declaration to the Customs Department and shail, unless such goods
aresoldor transferredto anotherpermitor concession holder orcontractor entitled
to the same exemptions, pay on demand such import duty as may be asscssed
by the Director General of Customs in accordance with the Customs Law.
(4) Petroleum or any of its derivatiyes produced in Libya, and any goods
irnported free of duty under paragraph $1)hereof maybe exported freeof Cus-302 CONTINENTAL SHELF [52-53]

toms duty and without an export licence subject to the policy of the Govern-
ment regarding exports in general and to such restrictions as the Stale rnay
imposeby Lawon production and exports dunng a state of war or emergency.

Article 17

Assignmentofpermits and concessions
(1) Permits shall not be assigned except with the consent of the Commission
provided also that the assigneeshall be one or mort companies which

(a) control the assignor; or
@) are controlled by the assignor; or
(c) are controiIed by one or more companies who thernselves control the as-
signor; provided that in the aforesaid cases the control rnay be direct or
indirect.

(2) A concession holder may assign hisconcession in whole or in part to one
or more companiesif the assignee
(a) controb the assignor ;or
(b) is controlled by the assignor; or

(c) is controlled by one or more companies who themselves control the as-
signer; provided that in the aforesaid cases the control rnay be direct or
indirect and provided that the assignee satisfies the conditions laid down
in Article 5 of this Law.
(3) In other cases a concession rnay not be assignedexcept with the consent
of the Commission subject to such conditions as itrnaydeem appropriate.

Article 18

Revocation ofpermits and concessions
A permit or concession granted under this Law rnay be revoked only in the
circumstances and in the manner set out in the said permit or concession.

Article 19

Publication
Notice of the grant, renewal,assignrnent,revocation, termination or surrender
of the whole or any part of any permit or concession shall be published in the
Officia1 Gazette of the United Kingdom of Libya and of the appropriate
Province.

Article20

Arbiirationandforce majeure
(1) Any disputes between the Commission and the concession holder arising
from any concession granted under this Law shall be settled by arbitration in
the manner set out in the Second Schedule hereto.
(2) In the event of Force Majeure, the rights and obligations of the parties to
a concession granted hereunder shall be those specified in the Second Schedule
hereto.[53-54] DOCUMENTARY ANNEXES TO THE MEMORIAL OF LlBYA

Refning
(1) A concessionholdcr who petroleum in Libya and who desiresto
refine it in the country shall to construct, rnaintain and operate a
refinery for this purpose in any legislation governing the re-
fining of petroleurn.
(2)Should refineries be established,in Libya the Commission may require a
concession holder to rnake available at field storage to such refineries,pro rata

with other concession holders and at /eld storage price, sufficient quantities of
crude oil from his ~roduction inal1concessions in Libva to meet the domestic
conSurnptionrequi;ements of Libya id respect of petroléurnproducts; provided
however that the concession holder shall not be reauired to furnish or build
additional handling or transportation Iacilitiesfor this'purpose.

~rticle22
Penalties
(1) Any person found guilty of exploring for, or prospecting for petroleum in
any part of Libya without the authority of a permit or concessionissued under
this Law shall be liable to a fine not'exceeding five hundred Libyan pounds
(fL500). If petroleum has been rnined, he shall on conviction be liable to the
penalty providedby law for larcenyand to a fineof fivehundred Libyanpounds
(£L500)or treblethe value ofany petroleum producedwhicheveris the greater,and
any petroleum mined or produced shall,be forfeitedto the Government of Libya.
(2) Any person entitled under paragraph (1) of Article 16to irnporl free of
duty the goods referred to therein who intentionally uses such goods for pur-
poses other than thosc specified therein, or transfers such goods to any person
not entitled to exemption contrary to +rticle 16,paragraph (3),or faih to rnake
the declaration to the Custorns Departrnent before the transfer of any such
goods as required by the said paragraph hereof, shall be liable on conviction to
the penalty providedin Article95 of the Customs Law of 1954.
(3) Any public officia1or employee?ho has been entmsted with or who has
corne to know of any confidential information by virtue of this Law and who

divulgessuch information shall be liab?eto the penalties provided for in Article
236of the Penal Code. I
(4) In the implementation of this Law, the Regulations and decisions made
hereunder the Chairrnan and other members of the Commission, the Director
and other competent officiaisshall have the capacity of lnvestigatingOfficiais.
(5) The persons mentioned in the pkvious paragraph shall have the right to
enter the premises of the concession h~lder and inspect his work, books, regis-
ters and papers to ensure the proper irnplementationby the concession holderof
the provision of this Law, the Regulations and decisions made hereunder and
the provisions of the Permit or Concession.
I
~rricle23
Definitions 1
In this Law:

"Minister" means the appropriate
"permit" means a preliminary permit issuedunder this Law;
"concession" rneans a
sion issuedunder this Law;
"person" includes any304 CONTINENTALSHELF 1551

"oil orgas well" means a wellcapable of producing oil andlor gas in quanti-
ties susceptibleof measurement ;

"petroleum" mcans al1natural hydrocarbons, liquid or gaseous, produced or
producible from the ground and al1 asphalt and other solid hydro-carbons
suitable for the production of liquid petroleum orgas. Petroleum does not in-
clude coal ;
"direct control" means the control of any company exercised by any other
company or companies holdingshares carrying a majority of votes at a general
meetingof the first mentioned company ;
"indirect control" means the control of any company (hereinafter in this sub-
paragraph called "the particular company'? exercised by any other company or
companies (hercinafter in this subparagraph caIlcd "the parent company or
companies") where a series of companics cm be specified, beginning withthe
parent company or companies and ending with the particular Company, in
which each company of the series, except the parent company or companies, is
directly controlled by one or more of the companics in the seri;s
"year" means a caiendar year according to the Gregorian calendar ;
"barrel" means forty-two (42) gallons U.S. or 158,984 litres of liquid
petroleum ;
"processing" means any operation connected with the treatment of petroleum

with the exception of fractional distillation.

Article24
Regulations

The Commission shall prepare such Regulations as may be necessaryfor the
implementation of this Law, including Regulations for the safe and efficient
performance of operations carried out under this Law, and for the conservation
of the petroleum resources of Libya, and shall submit such Regulations to the
Minister for approval and promulgation provided that no Regulation or altera-
tion thereof shallbe contrary to or inconsistent withthe provisions of this Law
or adversely affectthe contractual nghts expressly granted under any permit or
concessionin existenceat the time theRegulation is made or altercd.

Article 25

Tirlaned corninginloforce

(1) This Law may be cited as the Petroleum Law 1955and shall come into
force thirty days after publication inthe OfficialGazett'.
(2)As from the date on whichthis Lawcomesinto forcethe provisions of the
Minera1 Law 1953shall cease to apply in so far as they relate to petroleum,
except that any permit issued under the Minerals Law 1953shall continue in
force until its normal expiry date.

IDRIS.

Givenat Dar-Assalaam Palaceon 28th Sha'ban 1374h.
Corresponding to 21st April 1955 g.
By order oJthe King

Salem AL-QADI, Mustafa BENHALIM,

Minister of National Economy. Prime Minister. [%-571 DOCUMENTARY ANNEXES TO THE MEMOR~AL OF LIBYA

FIRSTS1HEDULE
PRELIMINARY RECONNAISSANCE PERMIT FOR PETROLEUM
t
The Petroleum Commission (hereinafter called "the Commission") hereby
grants the followingPermit under the PetroleLaw 1955to .........
(hereinaftercalled "theCompany") hahg its Registered Officea.......
......................................
' 1. The Company is authorized to cary out preliminaryexploration for petro-
leum on the followingconditions.
2.Preliminary exploration for petroleum includes surface geologicai recon-
naissance, aerial surveys and surface geophysicaloperations commonly used in
the petroleum industry. Thedrilling of exploration wells,mechanicalcore drill-
ing and seisrnicoperations willnot be allowedunder this permit.
3.The area over which the ~om~+~ may explore is as follows, and is de-
scribedin the Annexesto this Permit ajd is indicated on the attached map.
4. The duration of this Permit is for one year, commencingon the date of
signature, and work shallbegin as soon as possible after that date. The Com-
pany shall notify theirector of ~etroleum Affairs (hereinafter referredaso
"the Directorvin writingof the date of commencementof its activities.
5. Within thirty days after the termination of the said period of one year, the
Company shall submit to the Director a report containing a description of the
work done. The report shall be in triplicate and accompanied by maps, records
and by some rock samples. I
Director with al1availabledata.valuable minerals shail also be reported to the
7. All reports willbe treatasconfipential.
8. 'The Director orofficiaiof his dep part met esignated by him for this
purpose havethe nght to inspectthe ac$vitiesof the Company.
9.The Permit holder shall not impede in any way the works of any conces-
sionholdcr, or enter into prospecting anddevelopment siteswithout the express
permissionof the concession holder.
10. Except as provided for in clause 2 hcreof, the issue of this Permit does
not confer on the Company any nghts or privileges with regardto the prospec-
ting or miningfor petroleurn.
II. If the Company fails to comply ,withany of the applicable provisionsof
the Petroleum Law 1955,or of this Permit, the Permit may be revokedy the
Commission. 1
12. The Permit shall not be assignedexcept with the consent of the Commis-
sion provided also that the assigneeshall be one or more companiesw:ich
(a) control the assignor; or
(b) are controlled by the assignor; or
(c) are controlled by one or more lcompanieswho themselves control the
assignor: providedthat in the afore?asesthecontrol maybedirect or indirect.

(£L500).is Permit is granted on paymirhof a feeof fivehundred Libyanpounds

For the Company ..............................
For the Commission .............................
Date ............... The Minister ..............
Correspondingwith ............................. CONTINENTALSHELF
SECONDSCHEDULE

THE CONCESSION

This Deed of Concessionis concluded on the .............. day
of ............ 19 . . under the Petroleum Law of 1955 :

Between

The Petroleum Commission (hereinafter called "the Commission") in the
name of the Province of ........ and with the approval of theMinister

and

.................................. (hereinafter
called "theCompany*)havingits registered officeat .............
.................................. represented
............... who isIegallyauthorized to act on behalf of
by
the Company by virîue of a Power of Attorney dated .............
whichhas been produced by him .

THE CONCESSION

Page
Clause 1 .Grant of Concession .................... 61
n 2 .Surrender of ConcessionArea ................ 61
" 3 .Renewalof Concession ................... 61
" 4 .Working Obligations .................... 61
II 5. Company 10Follow Good Oil Field Practices ........ 62
I, 6 .Surface R.............................. 62
7 .Royalty ..................... 62
" 9 .Method of Making Paymenls ................ 64
" 10. Exemption frornCertain lmporî and Export Duties ..... 65
" 11 ExchangeControl ...................... 65
" 12. Ancillary Rights ...................... 66
" 13.Transport Rights ...................... 66
" 14 Right to OccupyLand .................... 67
" 15.Company'sLabour ..................... 67
" 16.Company's RightsEnsured ................. 68
" 17.Savingsfor Rights of Governmentand Others ........ 68
" 18. Employment andTraining of Libyans ............ 68
" 19. Water Disposaland Pluggingof Sortholes .......... 68
" 20 Reports to be Furnished ................... 69
" 21.Inspection ......................... 69[5961] DOCUMENTARY ANNEXES TO'THE MEMORIAL OF LlBYA 307
I
" 22. Measurement of ~etroleuml ................. 70
" 24. Force Majeurecal....................... 70
'* 25. Assignment ......................... 70
" 26. Right to Remove Property ................. 71
" 27. Revocation ......................... 71
" 28. Arbitration ......................... 72
" 29. Interpretation........................ 73
" 30. Fee ............................. 73

Grontof concession 1

In conrideration of the undertalin; by the Company to rnake the annual
perform and observe the terms and co~ditions of this Concession, the Commis-
sion hereby grants to the Company, subject to the conditions hereof and the
provisionsof the Law, the exclusiveght for a period of........ years
to carry out geological investigations,including aerial surveys, and to search for
by any other means, bore for, and extract petroleum within and over the area
outtined in redon the map annexed hereto of approximately .........
square kilometressituated in the......... Zone bounded and defined
asfollows:

by pipeline or otherwise from the concession area and touse,process, store,r
export and dispose of the same.

i
~îaLse2

Surrenderof concessionarea
In accordance with Article 10 of thb Law the Company shall progressively
reduce the area of the Concessionand (hall have the rightat any time to surren-
der the wholeor any part of the concessionarea.

a lau se

Renervolof concession
The Concession may be extended for!any period such that the total duration
shall not cxceed60 years.
If the Company requires a renewal it shall submit to the Commission an
application in writing for such renewaf not more than iïve years and not less
than three years before the end of the tep of this concession.
The Commission shall advise the Company of its decision within one year of
the receipt of the application. 1 CONTINENTAL SHELF

Clause4

Working obligations

(1) The Company shall, within eight monthsfrom the date of the grant of this
concession, commence operations to explore for petroleum within the conces-
sion areaand shall diligentlyprosecute al1its operations under the concessionin
a workmanlike manner and by appropriate scientific methods, In furtherance
thereof the Company shall spend in Libya or elsewhere on, or in connection
with, the said operations including generalorganizational, overhead and admin-
istrative expenses connected therewith such sums as may be required in order
to comply with the provisions of Article II of the Law.
(2) Any sum spent during any of the working periods specified in Article 11
of the Law in excess of the minimum sum prescribed for that period shall be
carried forward as a credit to the Company against the expenditure require-
ments for the followingperiod or periods.

Clause5

Company tofollow good oilfield practices

The Company shall carry on al1 its operations under this Concession in
accordance with good oil field practices and so that when petroleum isfound it
shalf be produced in reasonably substantial quantities having regard to the
world demand for petroleum and economic exptoitation of the petroleum
resourcesof the concession.

Surfice renrs

The Company shall in accordance with Article 13ofthe Law and Clause9 (2)
of this Concession pay the following surface rents for each 100square kilo-
metresheld :
£L ............ for each of the first........... years
£L ............ for each of the next............ years
or until petroleum is found in commercialquantities whichevéris the carlier and
fL2,500for each year thereafter.

Royalty
(1) The Company shall pay a royalty of twelveand one-half per centum of
the value on the field of production of al1petroleum (excluding natural gas)
won and saved into field storage, freed of water and foreign substanceand of
al1natural gasoline recovered by the Company from the concession area, after
deduction of the quantities of such petroleum, petroleum products and natural
gasolineused by the Company in the course of its operations hereunder.
(2) The value of crude oil under this clause shallbe:

(a) The average free cornpetitive market price during the previous quarter
f.0.b. Libyan seaboard terminal of cmde oil of the same or nearest compa-
rable type with such adjustments for quality and gravity as normaliy prevail[62-63] DOCUMENTARY ANNEXES' TO THE MEMORIAL OF LIBYA 309
1
in the oil industry minus handlidg charges and costs of transportation from
field storage; 1
(b) In the absence of a price f.0.b. Libyan seaboard terminal under subpara-
graph (a)hereof, the average freécompetitive market price dunng the pre-
vious quarter f.0.b. at the neaiest seaboard terminal outside Libya for
which such a price is published f?r petroleum of reasonably similarquality
and gravity with such adjustments for quality gravity and locasinor-
mally prevail in the oil industry to arrive at a fair competitive market price
f.0.b. Libyan seaboard and minus handling charges and the costs of trans-
portation from fieldstorage to Libyan seaboard terminal.
(3) The value of natural gasoline and petroleum other than crude oil and
natural gas shall be calculated in a manner to be agreed upon from time to time
between the Director and the Company. From such value shall be deducted the
cost of itsextraction and processi1g.
(4) The Company shdl also paya foyalty of twelveandone-half percentum
on the sale price lessthe cost of transport from the wellhead to the place ofsale
realized in respect of al1natural gas derived from the concession area and sold
by the Company in Libya. The royalty on natural gas exported shall be based
on the sale price at the point of sale after deducting handlingcharges, duties and
imposts and costs of transportation from the weilhead.
I
clause 8

Taxation and divisioofprglirs 1
(1) The Company shall pay such idcome tax and other taxes and imposts as
are payable under theLaw of ~ib~<but shall not be subject to any form of
taxation or other exaction of such a fiaasto render it liable to taxation or
other dues not payable by companies in general operating in Libya other than
fees, royalties and surface rents made payable under this Concession and the
Law :
Provided however that- 1
(a) if in respect of any cornpiete &ar after the effective date as hereinafter
defined the total amount of the: fees, rents, royalties, income taxes and
other taxes and imposts for which the Company is liablein respect of oper-
ations and income therefrom under al1the petroleum concessions held by
the Company in Libya falls sho~ of 50 per cent of the Company's profits
as hereinafter defined during that year, the Company shall pay to the
Governrnent such sum by way oflsurtax as will make the total of the Com-
pany'spayments equal to50 per cFntof such prof;ts
(b) if in respect of any complete yeaf after the effectivedate the total amount
of the fees, rents, royalties, income taxes and other taxes and imposts for
which the Company is liable as aforesaid exceeds 50 per cent of the said
profits of the Company dunng that year, the Company shall be entitled to
deduct from the total payments to be made to the Commission asum equal
to such excesses.If the sum which the Company is entitled to deduct
exceeds the Company's unpaid tiability in any year the excess shall be
consideredas an advance payment of any sums payable to the Commission
in the followingyear or years.
1
(2)In this Clause- 1
"effectivedate" means the date on $hich the Company first reaches a levelof
regular exports of petroleum averaging 15,000barreasday measured over a310 CONTINENTAL SHELF [63-641

period of 30 consecutivedays under al1its concessions in Libya or the expiry of
4 years from the date when petroleum is first exported regularly by the Com-
pany, whicheveristhe earlier;
"profits" for the purposes of paragraph (1) (a)and (b) mean in respect of any

year the income of the Company obtained from al1its petroleurn exploration,
development, prospecting and producing activities in Libya in that year after
deducting :
(a) al1expenses and losses,except fees, rents, royalties, income taxes and other
taxes and imposts payable, incurred by the Company in carrying out such
activities and properly attributable thereto irrespective of where incurred.
Exploration and prospecting expenses, intangible dril1ingcosts as defined

in the Regulations, to the extent such expensts and costs are not incidental
tu the procurernent or installation of ppysical assets, the cost of driUing
wellsnot productive of petroleum in commercialquantities and expenses of
organizingand initiating petroleum operations inLibya, rnaybe deducted in
the year in which they are incurred or they may be capitalized and amor-
tizedas provided below.The election to deduct or to capitalize as aforesaid
may be made annually by the Company. The unamortized balance of the
cost of physical assets abandoned dunng the year may be deducted in the
year of abandonment :
(b) an amount in respect of amortization during that year of capital expendi-
tures on physical assets used in connection with such operations, and of
expenses incidental to their procurement and installation, computed in the
case of aUsuch expenditures incurred before the effectivedate, irrespective
of the date incurred, at a rate, not exceeding20 per cent per annum, to be
elected annually by the Company, until al1 such expenditures are fully
amortized; and in the case of al1such expenditures incurred on or after the
effectivedate, at a rate not exceeding 10per cent per annum, to be elected
annually by the Company, until al1such expenditures are fullyamortized ;

(c) each year for depletion allowance irrespective of the amounts so deducted
in any previous years, an amount equal to 25 pet cent of the gross income
of the year,as hereafter defined, but limited to 50percent of the profits of
the year computed after deduction of the amounts specified in subpara-
graphs (a) and (b) above but before deducting the amounts specifiedin this
subparagraph. Cross incorne for the year for the purposes of calculating
this depletion allowance shall consist of income derived from the disposal
of petroleum produced by the Company in Libya, less the cost of handling
and transporting it to the place of such disposal. In lieu of the aforesaid
deduction the Company may in any year deduct an amount for amorti-
zation of al1capital expenditures made in connection with such operations
other than those made on physicalassets, incurred before the effectivedate,
irrespective ofthe date incurred, at the rate of 20per cent per annum, and in
the caseof such capital expendituresincurred onor after the effectivedate at
the rate of 5 per cent per annum until such expenditures have been fully
amortized by virtuc of al1deductions made under this subparagraph (c).

(3) Where in respect of any year the total of the deductions taken under
paragraph (2) of this Clause exceeds the gross income in respect of that year
before taking the said deductions, the excessshall be carried forward and, as far
as may be, deductcd from the profits of subsequent years up to a maximum of
10years.
(4) If the Company shall participate in joint operations, it may, in respect of
such operations, report its rateable proportion of income therefrom and[64-653 DOCUMENT'ARY ANNEXES' TO THE MEMORlAL OF LlBYA 31 1

expenses therein and mare al1permi/ted elections independently of other com-
panies participating in the joint ope~ations,provided that one or more of the
companies in thejoint operations is (arrying out other independent operations
in Libya under the Law. Income and ,expensesso reported rnay be consolidatcd
with those in respect of other operations being carried out by the Company in
Libya under the Law.
(5) In computing profits ashereinidefined round accounting practices usual
in the petroleum industry shall be employed.
I

(1) The fees, surface rents, royal$es and surtaxes payable hereunder and
income taxes shall be paid by the Company to the Commission. The collection
of such surns shall be subject to the procedure provided by the Financial Laws
and Regulations of Libya. 1
(2) The Company shall pay the surface rents specified in Clause 6 hereof
annually in advance until such time asjroyalty becomespayable by the Company
under Clause 7 hereof. Thereafter surfacc rents and royalties shall be calculated
in respect of each quarter and shall be paid by the Company to the Commission
within 60days after the last day of the quarter. Sums payable by wayof surface
rents under Clause 6 hereof in respect of any quarter shall be reduced by the
amount of any royalty payable hereu1der inrespect of the samequarter.
1
Clause10
I
Exemptionfrom certainimpori and expIrt duties
(1) The Company or any contractor ernployed by the Company rnay import
free of duty, plant, machinery, tools,, equipment and materials together with
such other goods as rnay be specifie? from time to timinRegulations issued
under the Customs Law intended to beused in Libya for petroleum exploration,
prospecting, mining, transporting, processing operations and activities connec-
ted therewith. Provided, however, that such exemption shall not apply to any
goods included in this paragraph which are available in Libya of suitable type
and reasonably comparable quality, and at no higher price, provided that in
comparing prices to the price of the irnported goods shall be added Customs

duties and other expenses incurred up to the time the imported goods reach
Libya. 1
(2) Other goods which are dutiable,under the Customs Law shall be subject
to the payment of the appropnate duty.
(3) If the Company or any contraqor, as the case rnay be, intends to sel1or
transfer any goods which have been imported free of duty under paragraph (1)
hereof, a declaration shall be madtothe Department of Customs before such
sale or transfer is effected and, unless such goods are sold or transferred to
another Company or contractor entitled to the same exemptions, such import
duty shall be paid as rnay be assessed bythe Director General of Customs in
accordance with the Customs Law. 1
(4) Petroleum or any of its derivatives produced in Libya, and any goods,
imported free of duty under paragraph (1) hereof maybe exported free of Cus-
toms duty and without an export licence subject to the policy of the Govern-
ment regarding exports in general and to such restrictions as the State rnay
imposeby Law on production and exports during a state of war or emergency. CONTINENTAL SHELF

ClauseII

&change control

The Company shail be subject to the normal exchange control applicable in
Libya provided howeverthat :

(a) the Company shall be entitled to retain abroad al1funds acquired by it
abroad including the proceeds of sales in so far as such funds may exceed
the Company's requirements for the purposes of its operations in Libya,
but statements of foreign exchange holdings or proceeds of sales of Libyan
petroleum shall be rendered to the Libyan National Bank in such form and
at such periods as it may require;
(6) the Company shall be entitled to remit any funds held by it in Libya in
excess of its requirements in Libya in the primary currency in which the
Company's investment in operations under this concession was made, to
the country from whichthe primary currency originated ;
(c) the Company shall be entitled to buy and sel1solelyfor the purposes of its
own operations in Libya and remittances under paragraph (bl above any
currency whether Libyan or otherwise at the most favourable rate of
exchange available through authorized banking channels to any other

buyer or seller inLibya of such currency;
(d) no restriction shall be placed on the importation of funds by the Company
forthe purpose of carrying out its operations under this concession.

Clause12

For the purpose of its operations under this concession the Company shall
have the following rights inthe concessionarea:

(a) wwaters andprtoaestablish systemsfor the supply of water for ils operations

and for consumption by its employees;
(b) with the approval of the Director to carry away and use in Libya materials
such as gravel, sand, lime, gypsum, stone and clay which shall be free of
charge in the case of such materials taken from lands other than private
lands ;
(c) to erect, set up, maintain and operate houses, fences, engines, machinery,
furnaces, buildings, pipelines,storage tanks, compressor stations, pumping
stations, processing plants, field roads and al1other constructions, installa-
tions and works required in furtherance of its activities.,The Company may
likewise for such purposes, erect, set up, maintain and operaie al1other
communication and transportation systems and facilities but shall not do
so, other than for temporary purposes, unlessdrawings of and locations for
their sites have beensubmitted to and approved by the Director.

Transport rights

The Company shall have the right for the purposes of its operations to erect
and operate a harbour and terminal facilitiestogether with the necessarymeans
of communication and transport between such facilities and any part of the [66-671 DOCUMENTARY ANNEXES TO THE MEMORIALOF LIBYA 313
I
concession area, provided that the consent of the appropriate authorities to the
location of such works shall be obtained. Such consent shall not be unreason-
ably withheld or delayed.The Company shail likewise have the rightunder simi-
lar conditions to build and rnaintainlpipefines elsewhere outside the concession
area for the transport of petroleum pyduced under this concession. In exercising
such right the Company may occupq land in accordance with the provisions of
Clause 14hereof and erect and maint,ainthereon any communication and trans-
portation systemsand facilitiesand other fixtures whichit requires for the instal-
lation, senicing, maintenance and operation of such pipelines.
i

Right to occüpyland l
(1) The Company shall have the to enter and occupy free of charge for
the purposes of its operations under this concession any land withinthe conces-
sion area other than private land, provided it is not then in the lawful occupa-
tion of some person.
(2) If the Company failsto agree with a private landowner or lawfuloccupier
of other than private land as to the tqrms on which it may enter and occupy the
land in question the Company shal! immediately notify the Director. If the
occupation isto bc of a ternporary nature, not exceeding one year, the Director
shall authorize such temporary occupation upon deposit by the Company with
the Commission of a surn by way of reasonable compensation to such land-
owner and/or lawful occupierfor losslofuse of and damage ta the interest in the
land as the Director shall determinq. If the occupation is to be for a longer
period than one year the Commission shall authorize occupation by the Com-
pany of the land in question upon dcposit by the Company with the Commis-
sion of such sum by way of reasonable compensation as the Commission shall

determint and the Commission shall directappropriate proceedings to be taken
to put the Company into possession of the land under the Iawfrom time to time
in force, as if the Company's operations were in al1respects a work of public
utility. In the event of any dispute?O.the nature and extent of the interests of
claimants to the land or the amount qf compensation payable by the Company,
the Commission shall refer the dispute for determination by an appropriate
court of Law and the Commission shall pay to the respective claimants such
sum by way of compensation as mayihave been determined by the Court. The
Commission shall pay to or obtain from the Company (as the case may be) the
amount by which the sum deposited by the Company exceeds or falls short of
the total compensation payable to the $aimants.
(3) This concession shall not confer upon the Company the right to do any
work within the prccincts of cemetenes, places used for religious worship and
places of antiquityasdefined in the Antiquity Lawsfrom time to time in force.
Any works of art or antiquity discovered bythe Company shall be subjectto the
law from time to time in force. I
(4) No drilling or any dangerous operations shall be conducted within
50 metresof anypublic worksor permahent buildings withoutthe previousconsent
of the Director, and subject to such cohditions as he may impose.
l
CIAUJ~ 1s
Company's labour

Subject to the provision of any 1dmigration Laws in force at the the, the
Company is hereby allowedto bring ibto the country such employeesas may be314 CONTINENTAL SHELF [67-68]

necessary for its operations and the competent authonties shall facilitate the
entry into, exit from and movernent within Libya of such employees and their

dependants while such employees are engaged on the Company's operations
hereunder. The Company shali have the right so to arrange its labour shifts that
ail operations may pioceed by day and by night and during public holidays.

Clause 16
Company5rightsensrrred

The Government of Libya, the Commission and the appropriate provincial
aulhorities will take al1steps necessary to ensure that the Company enjoys al1
the rights conferred by this Concession.
The contractual rights expresslycreated by this concessionshall not be altered
except by mutual consent of the parties.

Clause17

Savingfor rightsof governrnenrundothers
Nothing in this concession shall be deemed to limit the right to grant conces-
sions in respect of minerals other than petroleum in the concession area, or
generallyto limit the rights of the Government or any authontyor person in the
concession area, Save as expressly provided herein; provided always that the
Company's operations hereunder are not thereby endangered or interfered with
nor its rights hereunder prejudiced. The Company shall not obstruct the exercise
of any such right, but shall afford the holder thereof andof any concession
holder asaforesaid, everyreasonablt facilityfor the exerciseof their rights.

Employmentand trainingof Libyansubjects
(1) Provided that the requisite number having adequate skili and ability is
available, the minimum number of Libyan subjects employed bythe Company
in Libya after10years from the date of commencement of operations shall have

reached at least 75 per cent of the total number of persons employed by the
Company in Libya.
(2) The Company shall as from the date of commencementof regular exports
from Libya of petrolcum in commercial quantities produced in the concession
area make an annual payment to the Libyan Governrnent of not less than
fL2,500 and not more than £L5,000, which payment shail be applied towards
givingLibyansubjectssuchtechnical trainingas maybeagreedupon by the Direc-
tor and the Company, in order to fit them for ernployment in the petroleum
industry or in related undertakings, provided howeverthat the Company may
each year reduce such payments by the amount which during that year it expen-
ded for the training and education of Libyan subjectsfor such purposes in Libya
or abroad.

Clause19

Water disposal
Pluggingof boreholesundweILF
The Company shall, in accordance with good oil field practiccs, provide an

adequate system for the disposal of its water and waste oil, and shdl securely
plug al1boreholes and welismade by it before they are abandoned. I
[69-701 DOCUMENTARY ANNEXES TO THE MEMORlALOF LIBYA
Clause20

Reports iobefurnished
(1) The Company shall at its own bxpensefurnish to the Director during the
first quarter of each year a report of the progress of its operations in the conces-
sion area during the precedingyear. This report shall :ontain

(a) a statement of the number of bdre-holes and wellsdrilled, including bore-
holes and wellsdrilled in seabfhwater, and of the depth of each, with a
plan showing theirlocation if the Director so re;uires
(b) during the course of the Company'soperations;ble rninerals encountered
(c) a statement of al1petroleum produced, of gas sold, and of natural gasoline
recovered;
(4 a statcrnent of the amount of water produced withthe oil and ngas;al
(e) the nature and extent of geologicaland geophysicalsurveyscarried out;
fl a generalsuwey of the operatio;and
(g)a statement showing the numberof Libyan subjects and nationals of other
countries employedby the CompaIy in Libya.
(2)The Company shall furnish to the Director not less than 30 days before
the end of each yeaa statement of the general programme it intends to carry
out during the followingyear.
(3)The Company shall keep accijrate financial records of its operations
under this concession which records !hall be open to inspection by the appro-
priate authorities. I
* (4) The Company shall furnish such further information relating to its opera-
tions in the concessionarea as the Director shall re-.onablv reauire.
(5) The Company shall keep accurate geologicaland geophysicalplans, maps
and records relating to the lands within the concessionarea.
(6) On the discoveryof oil gas,the Director shall immediatelybe informed
of such discovery. 1
with the consent in wnting of the Company) be treasconfidtntial.all(except

Clause21
inspection
~
The Chairman and other members of the Commission,the Director and other
cornpetent officiais shall have the rigbt to enter the premises ofthe Company
and inspect its work, books, registers,and papers to ensure the proper imple-
mentation by the Company of the provisions of the Law, the Regulations and
. decisions made hereunder and the proSisionsof this Concession.
I

The Company shall measure and rkcord by methods customary in good oil
field practice al1 petroleum and natufal gasoline produced and saved by the
Company within the concession area as if freed of wattr and other foreign sub-
stances.The Director or any officialdesignatedby him shall be entitled to attend
such measuring and to examine a$d test the accuracy of the appliances316 CONTINENTAL SHELF [70-711

employed therein and to examine the records thereof. The Company shall assist
such official in the performance of his duties under this Clause. If any such

measuring appliance shall at any time be discoveredto be inaccurate, the same
shall,ifthe Director so decides,be deemed to have existed in thecondition for a
period of 90 days prior to the discovery of such inaccuracy, or for the period
elapsed since the last occasion upon which the same was examined or tested,
whichever shall be the less, and the Company's records shall be adjusted
accordingly.

Clause23

Addressof local manager

The Company shall beforecommencingoperations furnish to the Director the
name and address of the Manager of the Company's operations under this
concession. Any notice required to be served on the Company shall be suffi-
ciently servedif delivered at, or sent by registered post to, the Manager at such
address.

Clause24

Forcemajeure

Failure by the Company to carry out any of the provisions of this Concession
shall not giverise to any claim or be deemed to be a breach of this Concession,
if it be shown that the faifurehas arisen from force majeure, namely Act of God,
insurrection, riots, war, strikes of workmen, or any other unforeseen circum-
stances beyond the control of the Company. If by reason of force majeure the
fulfilment by the Company of any of the terms and conditions of this Conces-
sion or the enjoyment of its rights under the Concession isrielayedthe period of
such delay shall be added to the period fixed herein for such fulfilment or
enjoyment.

Clause 25
Assignmen t

(1) The Company may assign this Concession in whole or in part to one or
more companies if the assignee :

(a) controls the assignor; or
(b) is controlltd by the assigno;or
(c)is controlled by one or more companies who themselves control the as-
signer provided that in the aforesaid cases the control may bedirect or indirect,
and provided that the assigneesatisfies the conditions laid down in Article 5 of
the Law.
(2) In other cases assignment may not be made except with the consent of the

Commission, and subject to such conditions asit may deem appropriate.

Clause26

Rightto removeproperty
On the surrender of any area and on the expiration or earlier determination
of this concession, the Company shall, except as hereafter in this clause provid-[71-721 DOCUMENTARY ANNEXESTO THE MEMORIAL OF LlBYA 317

ed, be entitled to removeal1its propepy of whatever nature situated within the
surrendered area or the concession afea as the case may be. Well casings and

well heads may not however be rernoved unlessadequate protective mcasures
are taken to the satisfaction of the Director. Fixtures necessaryto control the
flow of gas or liquid from the wellhead may not be removedwithout the appro-
val of the Director. Notaxes,duties or'chargeswhatsoeverother than anyspecifi-
cally made payable hereunder, shall bc imposed in connection with such re-
moval. The Director, may, however,~ithin a period of 30 days followingany
surrcnder or expiration or earlierete,rmination,electto purchase any property
which theretofore was used by the Company solely and exclusivelyin connec-
tion with its operations withinthe sur+ndered area or the concessionarea. Such
purchases will be made at a fair price to be determined by agreement between
the Director and the Company. Failing such agreement the matter shall be
referred to an independent expert or panel or expertssmay be agreed between
the Director and the Company. such panel shall consist of one member to be
appointed by the Director, another mernber to be appointed by the Company
and a third rnernberto be chosen by the two members appointed. The expert or
panel, as the case inay be, shall deterrnine what, in the circurnstances, is a fair
price for the property.nie wells, and(any wellcasings.well heads and fixtures
not removed as aforesaid shall be hajdcd over to the Director free of charge
within 30 days following the surrender or expiration or earlier determination.
The Director may rcquire the Company to restore the surface of the land to a
reasonable condition in accordance with good oil field practice, taking into
account normal Wearand tear caused by the Company'soperations thereon.

I
Revocation I
(1) The Comrnission rnay, bynotice in writing to the Company, revoke this
Concessionin the followingcircurnstan~esbut not otherwise:
I
(a) the Company fails to commenceoperations within eight months as required
by Qause 4 or fails to meet its expenditure obligations withineach of two
consecutiveperiodsspecifiedin Aqicle 11(1) (a) and(b)of the Law; or
(b) any surface rents or royalties payable under this Concessionare in arrears
for six months after the date on lwhichthey ought to have been paidin
accordancewith Clause 6 and Clause 7; or
{c) the Company goes into liquidatiqnexcept voluntarilyfor the purpose of
reconstruction or amalgamation, O? a receiveisappointed; or
(d) the Company fails to perform its obligations under Clause 2 or Clause 25;
or
(e) any surn awarded against the Company in arbitration proceedings under
the following clausehas not been paidwithin 90 days of the date stipulated
in the award ;
l
Provided that the Commission shall give to the Company previous notice in
writing of the breach and require the Company to remedy the breach and pay
compensation whcrc appropriate within the period fixed by the commission
which shall not beless thanW days; npticeof revocation shallonly be givenif
the Company has failed within the specified period to remedy the breach and
pay compensation whereappropriate. 1
(2) Wheneverthe Company disputesthe grounds upon which revocationrnay318 CONTINENTAL SHELF [72-731

be based and requests arbitration under Clause 28 hereof, the revocation shall
only become effective subject to and in accordance with the result of the
arbitration.
(3) Revocation shall be without prejudice to any liability incurred by the

Company before revocation. ,

Clause28

(1) Any dispute between the parties arising out of or in connection with this
Concession, unless otherwise resolved,shail be settled by arbitration proceed-
ings between the Commission as one party and the Company as the other
party and such proceedings shall determine the measures to be taken by the
parties including, if appropriate, payment of compensation, to put an end to or
remedythe damage caused by any breach of this Concession.
(2) The institution of proceedings shall take place upon the receipt by one
party from the other of awritten request for arbitration. Each party shall within
30 days of the institution of proceedingsappoint an arbitrator. If the arbitrators
fail to settle the dispute they shall appoint an umpire within 60 days of the
institution of proceeding. If theydo not do soeitherparty rnayrequestthe Presi-
dent, or, if the President is a national of Libya or of the countryin which the
Company was onginally registered, the Vice-President of the International
Court of Justice, to make the appointment.
(3) If either of the parties within 60 days of the institution of proceedings
either fails to appoint its arbitrator or does not advise the other party of the
appointment made by it, the other party rnay request the President or, if the
President is a national of Libya or of the country in which the Company was
originally registered,the Vice-Presidentof the International Court of Justice to

appoint a solearbitrator who shallhear and settle the dispute alone.
(4) The umpire, howeverappointed, or the sole arbitrator shdl not be either
a national of Libya or of the country in whichthe Company was originallyregis-
tered; nor shall he be or bave been in the employof any party to this Concession
or of the Government of the aforesaid country.
(5) Should the lnternational Court of Justice be replaced by or its functions
be substantially transferred to any new international tribunal, the functions of
the President or Vice-President (as the case rnay be) of the lnternational Court
of Justice exercisableunder this Concession shall be exercisable bythe President
or Vice-President(as the case rnay be)of the new international tribunal without
further agreement betweenthe parties hereto.
(6) The procedure or arbitration shall be determined by the umpire or the
sole arbitrator who shall be guided generallyby the relevant rules of procedure
established by Articles 32-69inclusiveof the Rules of the lnternationalCourt of
Justice of 6 May 1946.The umpire or sole arbitrator shall likewisefix the place
and time of the arbitration.
(7) This Concession shalibe governed byand interpreted in accordance with
the Laws of Libya and such principles and niles of international law as rnay be
relevant, and the umpire or sole arbitrator shall base his award upon those laws,
principlesand rules.
(8) There shall be no appeal against the award and the parties to this Conces-
sion shdl faithfully abide thereby.
(9) Theexpenses of the arbitration shaIl be borne by the parties in such pro-
portion and manner as rnay beprovided in the award.[73-741 DOCUMENTARY ANNEXE s r0 THE MEMORlAL OF LIBYA
I
:huse29
1
1
meaning in this Concession.text of tPetroleum Law 1955shall have the same
(2) In this concession:
Ï
"the Lawwmeans the Petroleum L aw of 1955;
"the Director" means the Directo? Petroleum Affair;
"land" means territory under thc:oritrol and jurisdiction of the United King-
sea-bed and subsoil beneath territc al waters and the high seas contiguoushe
thereto;
"concession area" means the area?Ver whichfor thetirnebeing the Company
enjoys the rights conferred upon it ht:reunder;
"crude oil"means any unrefined oiconsisting primarily of hydrocarbo;s
"natural gasoline" means any liquiid hydrocarbon obtained from naturagas
by any chemicalor physicalprocess:
"natural gas" means any subsoilgig(onsistingprimarily of hydrocarbon;
"quarter" means a three-month [yr,iod of a year beginning on I January,
1April, I July or 1Octobeas the caseay be.
I
'/use30
Fees

This Concessionisgranted on payimeintof afeeof £L500.

(Signed) .............
For the Commission

(Signed) .............
The Minister

(Signedl ...............

For the Company
Company's Seal
Date ...............
Corresponding to ........ :l
-

ROYALDECREE
AMENDING THEPET1IROLEUM LAWOF 1955
1
HavingseenArticle64 of the Con5 .tution,
Article25 of the PetroleumLaw l!y i,and
Actingon wharhm beensubmitted 'tiw by theMinisierof NationalEconomy
und with theupprovol of the Counci0)'Ministers,
We,Idristhe First,King ofthe United Kingdomof Libya,
Decreeasfollows :320 CONTINENTAL SHELF 1741

Article 1
The first paragraph of Artic25 of the Petroleum Law of 1955is hereby
amendedto read as follow:

"(1) This Law may be cited as the Pttroleum Law 1955and shall corne in10
force 30days after publication in the Official Gazette with the exception of
Articles and 24 whichshall corneinto force on publication."

Articl2

The Minister ofNational Economy shall cany out this Decree whichshall
take effecton publication.
IDRIS.

Givenat Dar-AssalaamPalaceon 29th Ramadan 1374h.
Correspondingto 21st May 1955,g.

ByOrder of the King

Salem ALQADI, Abdul MAJID KU'BAR

Ministerof National Economy. For the Prime Minister.r311 DOCUMENTARY ANNEXES ' OTHE MEMORIAL OF L~BYA 321

Annex33
I
LIBYA NETROLE UEGULA~ION NO.1 OF1955 AND MAPNO. 1

[Arobic tex; not reproduced]
l
(Translation)
I

TheMinisterof National~conom.~,~
HavingseenArticle 24ofthe Peirokum Law No. 25 of 1955,
And actingon whoihm beensubmifredto him by the PeiroleumCommission,
Rumulgates thefollowing regulaî:In

PART I
l
~iricl1
There shall be an officiai map I the purposesofthe Petroleum
Law 1955to a scale of No. 1, which is attached as the
fîrst Schedule hereto. On tmap frontiers, petroleum zones
and thegridshallbeindicated.

For al1purposes of the Petrole&m 1955and the Regulationsissuedthere-
under the Petroleum Zones shallasfollows:
ne Firsî Zoneconsists of the Province of Tripolitania bounded on the north
by the limits of territorial waters and high seas contiguous thereto under the
controlandjurüdiction ofthe UnitedKingdomof Libyandon the eastby 150'
longitude until it intersects the Coast/ine, thence in a straiasouth-e in
eastedy direction to the point whel30'latitude intersects 5''longitude
thence in a straight line running in a south-westerlydirection to the point where
1030' longitude intersects 20'40' latitude, thence directly south30'ong 18'
longitude to the intersection w287 latitude, thence in a westerly direction
along the 28'latitude to the intersectipn12'15'longitude thence directly
north along12'15'longitude to the iqtcrsection with 31mlatitude,directly west
along 31'latitude to the border of Tunisia, theagencral northedy direc-
tion dong the international boundary with Tunisia.
The Second Zone consists of that part of Cyrenaica north of 2Selatitude,

bounded on thc west by the eastern bopndary of Zone 1describedabove, on the
jurisdiction of the United Kingdom of Libya, and on the east by the interna-l and

tional boundary with Egypt.
me mird Zone consists of the part of Cyrenaica south of 28'latitude boun-
ded on the Westby 18'30'longitude, on the east by thc international boundary
with Egypt and the Sudan. 1
île Fourth Zone consists of the Trovince of the Fezzan bounded on the
north by the southcm border of the First Zone describedabove bounded on the322 CONTINENTAL SHELF [31-331

Westby the international boundary with Algeria and Tunisia, on the south by

the international boundary with French East Africa and French Equatorial
Africa and on the east by 1830' longitude, whichis the western boundary of the
Third Zone.

Article3

The grid to be used in conjunction with the officialmap shall consist of longi-
tude and latitude linesfiveminutes apart cornmencingfrom any fulldegree.

Article 4

Boundaries of concessions shall conform as faras possible to the Md lines
specifiedabove with the followingexceptions:
(a) Where they follow the limits of the territorial waters and high seascontigu-
ous thereto under the control and jurisdiction of the United Kingdom of
Libya.

(b) Where lhey followthe coast linc of Libya.
(c) Where they followthe boundaries of the Petroleum Zones.
Id) Wherethey folïowthe international frontiers.

Article 5

(O) Concession arcas applied for shall be compact and free from narrow
indentations, except in exceptional casess the Commission may deem fit.
An applicant shall not be permitted to unify distinct concession areas by
connecting them With an insubstantial link. The Commission may require
any applicant who fails to comply with the provisions of this paragraph to
arnend his application.
(b) The greatest lcngthof a concession shall not exceed six limes its weighted
mean average width. However the Commission may permit a deviation
from the aforementioned ratio of width to length wherc it deems it neces-
sary. In determining the above ratio contiguous and adjoining conces-
sions shall be considered as a unit, notwithstanding that they may cross
zonai boundaries.
(c) The above provisions shall not apply if the Commission deemsit necessary
for the settlement of overlaps.

Ariick 6

For al1purposes of the Petroleum Law 1955and the Regulations issued there-
under the area of each 5 X 5block of the grid shall be deemcd to be asset out
hereunder :

Each 5'X 5' block
between33'-34'of latitude 7 1.57sq. kilometres
between32'-33'of latitude 72.37sq. kilometres
between31'-32'of latitude 73.15sq. kilometres

between30'-31'of latitude 73.91sq. kilometres
between29'-30'of latitude 74.64sq. kilometres
between28'-29'of latitude 75.35sq. kilometres
between27'-28'of latitude 76.04sq. kilometres
between26'-27'of latitude 76.70sq. kilometres [33-341 DOCUMENTARY ANNEXES +O THE MEMORIALOF LIBYA

between25"-26"of latitude 77.34sq. kilometres
between24"-25"of fatijude 77.96 sq. kilometres
between23'-24'of latitude 78.56sq. kilometres
between22'-23'of latitude 79.13sq. kilometres
between21'-22'of latitude 79.67sq. kilometres
between20"-21'of latitude 80.20sq. kilometres
between 19'-20'of latitude 80.70sq. kilometres

1
PART II

(1) Applications for permits and cokcessions shall be submitted in tripficate
in the form prescribed inthe second and third schedules to this Regulation.
Such applications shall be handed or sent by registered mailto the Director.
Any applicant wishing to receivean aythenticated copy in accordance with the
provision of Article 10(d) hereof shall submit a further copy for that purpose.
(2) Applications shall be submitted during the official hours of the Director,
namely, between9.00 am and 12.00noon each day of the week except official
public holidays.The Director shall notreceive any application submitted during
other hours except applications for cqncessions submitted in accordance with
Article 8 (1)(a)of the Law in whichcase the Director shall receiveapplications
submitted up to midnight of the seventh day followingthe coming into force of
the Law. I
(3) The expression "on the same day" Article 8 (1) (b) of the Law means
during the officialofficehours of the Director.
I

The Commission shall takc al1rtcpslnecessary to ensurs that al1applications
for permits and concessions and al1plans, sketches, reports and other docu-
ments accompanyingsuch applications are treated asconfidential.
i
Artple 9
Every applicant for a permit or codcession shall, on the submission of the
application, notify the Commission of the name, residence and Post Office
address of the person resident in Liby? authorized to act for and on behalf of
the applicant (hereinafter called "the Local Manager"). The applicant shall pro-
vide the Commission with the necessa4 officiallyauthenticated power of attor-
ney ofthe Local Manager.
I

On the receipt by the Director of an Applicationfor a permit or concessionhe
shall forthwit: I
(a) giveto the application an exclusivelreferencenumber;
(b) registein the Petroleum Register particulars in accordance with Article 1I
of this Regulatian. Everyvalid application to be registeredshall be deemed
to be registered whenit is receivedby the Director, providedhowever that
no application shall be made public on the day on whichit was received,or,324 CONTINENTAL SHELF [34-351

in the case of applications coming under the provisions of Article 8 (1) (a)
of the Law, within the period specifiedtherein ;
(c) fileal1suchapplicaiionsand anysketch,plan or oiher document accompany-
ing them in the records of his offic;
(dl where requested under the provisions of Article 7 (1) hereof, return to the
applicant a copy of the application and of the documents accompanying it,
duly authenticated by the Director as true copies of the original application
and of the other documents receivedby the Director;
le) issueto the applicant an officialreceiptshowingthe nature of the documents
received, the reference number in the Petroleum Register, the reference
numbergivento them by the applicantand the exacttimeand date of receipt.

Article II

The Director shall keep a Petroleum Register signed by the Minister and the
Chairman of the Commission, and bearing the seals of the Ministry end the
Commission on each page, and such other registers as may be directed by the
Commission for the registration of applications for, and the grant, assignment,
renewai, surrender, termination and revocation of permits and concessionsand
other particulars relatingthereto and especiaily:

(4 the dates of the application for, and of the grant, assignment, renewal, sur-
tender, termination and revocation of the permit or concession;
fi) the name and address of the applicant and the name, residence and Post
Officeaddress of the Local Manager in Libya;
(c) the areas applied for, granted and surrendered ;
(d) al1referencenumbers relevantto such particulars.

Article12

(1) The Commission shall issue such maps, plans and sketches as may be
necessary.
(2) The Director shall maintain status maps in respect of each Petroleum
Zone showing the areas included in al1pending applications, the areas of al1
currently valid concessionsand al1open areas.

Article13
The Petroleum Register and the status mapsshall, during the officialhours of
the Director, be open to the public and certifiedcopies may be made of thern on
payment of a reasonable feeto be determincd by regulation.

Article 14
The Director shall immediately submit to the Chaiman of the Commission
an originalcopy of each application submitted to him.

(1) If it appears to the Commission that an application for a permit or

concessioncontains minor inadvertent errors in form includingerrors of transla-
tion, the Commission shafl, if it deems necessary to have the errors corrected,[35-361 DOCUMENTARY ANNE TO EHE MEMORlAL OF LIbYA 3 25
I
request the applicant to make such corrections within a reasonable period
determined by the Commission withobt loss of priority.
(2) The Commission shall alsoperpit the correction of similar errors appear-
ing in any plan, sketch,report or docyment submitted to the Commission.
(3) In other casesthe provisions of the Libyan Lawwil apply.

Article 16
(1) The Commission shall consider vaiid applications in order of their
priority. I
(2) The Commission may requise ?n applicant to submit additional informa-
tion relevant to his application and; shall allow such applicant a reasonable
period within which to submit such information without loss of pnority.
(3) The Commission shall initiallyaetermine the eligibilityof the applicant in
accordance with Articl5of the ~aw.1
The decision of the Commission regarding the eligibilityor ineligibilityof an
applicant shall not be binding on the'Commission in respect of future applica-
tions by the same applicant.

Article 17
(1) If the application does not conflict in whole or in part with othcr applica-
tionsof equal priority and the Commission decides to grant the application,
be referred to the
Minister.
(2) If the application conflicts or in part with other applications of
the provisions of Arti8l(2) of the
Law. The Commission shall, with conflicting applicants deter-
paragraph. At the
conclusion and in the light of this procedure the applications and decisions of
the Commission shall be referrcd tolthe Minister and the applicants shail be
notified of the decisionsof the Comm$sion.
(3) Where necessary in the settleyent of conflicting applications the areas
covered by any one concessionneed not be contiguous.
(4) If the Commission decides to refuse any application for a permit or
concession, the applicant shall be informed accordingly, and the application,
together with the decisionof the commission, shail be referred to the Minister.

Ariick 18
(1) If the Minister approves any decirion of the Commission regardiog the
grant or refusal of any application, t% Commission shall forthwith inform the
applicant accordingly and take such other action as may be required to imple-
ment the decisionof the Minister.
(2) If the Minister does not approye any decision of the Commission regar-
ding the grant or refusal of any application, the Commission shall reconsider its
decision in the light of the observations of the Minister, and shall refer its deci-
sion back to the Minister.
(3) No permit or concession may be granted txcept with the approval of both
the Commission and the Minister.

Article 19

An applicant who is notified of the Analicceptince of his application shall:
(1) pay the prescribed fee;326 CONTlNENTALSHELF [36-371

(2) in the caseofthe grant of a concession,givethe bond or banker'sguarantee
in the sum determined by the Commission in accordance with paragraph 3 of
Article 9 of the Law. The bond or guarantee shall be in triplicate, each copy
being duiy recorded in the Registers of the Commission, one of which shall be
kept by the Commission and the other two shall be returned to the applicant
after such recording;
(3) sign an undertaking to abstain from al1political activityin Libya.

The above procedure shall be completcd within one weekfrom the date of the
receipt of the final notification. Payments shall be made to the Treasury of the
Federal Govemment in the account of the Petroleum Commission

Article 20

(1) The Commission shall, after ascertaining the completion of the procedure
provided for in the previous Article,fix a datefor the signature of the permit or
concession as the case may be.
(2) Rents due in respect of any concession shall be paid in the rnanner pre-
scnbed in the previous Article hereof immediately on the grant of such
concession.

Article21
Any person to whom a concessionis granted shall, before commencingopera-
tions, take al1appropriate legal steps to comply with the requirements of the
Libyan Commercial Code and such other iaws as rnay be applicable in respect
of such operations.

Article22
(1) In regulations issuedunder the Petroleum Law No. 25, 1955:

(a] words and phrases defined in the Petroleurn Law No. 25, 1955,and the
Second Schedule thereto shall have the same meaning in the Regulations
issuedunder the Law;
Ib) the CoastIinemeans the line of mean low-waterspring tide level;
(c)the weighted mean average width is determined by dividing the area by.its
greatest dimension.

(2) The Director may,with the approval of the Chairman of the Commission,
delegate to any official of the Commission any of the functions conferred on
hirnby the Law, the Schedulesthereto and the Regulations issuedthereunder.

This Regulation shall corne into force on the date of the coming into force of
the Petroleum Law No. 25, 1955.

Promulgated on 6th Thul Qi'da 1374h ,.
Corresponding to 16thJune 1955,g.

Salem AL-QADI,
Ministerof National Economy. DOCUMENTARY ANNEXES T THE MEMORIALOF LIBYA

nÏ

The Government of Malta presen tS its compliments to the Government of
Libya and has the honour to adviseliat in virtue of Exchange of Letters
bearing the date of the 12thDece!al1964,between theGovernment of Malta
and the Government of the UniteK.lngdom, Malta has assumed al1the rights
and obligations deriving from valid intational instruments which had been
made applicableto Malta prior to her idependence.
The Ministry further advises thatZhe United Nations Convention on the
Continental Shelf, 1958,is one of siclhruments and that it is the intention of
the Government of Malta to declar~ IlOthe Secretary-General of the United
Nations the direct accession ofMalt*the Convention.
shelf appertaining to Malta, the Gov1ment ofMalta has been guided by theal
provisions of Article 6 (1) of thnvtoi :don, which establish the boundary as
the median line every point of whlisequidistant from the nearest points on
the baselines from which the breadt ofthe territorial seas of Malta aof
. other countries adjacent to the sa1J continental shelf are measured. The
Governrnent of Malta witl be gratefuiknow that the Government of Libya is
in full accord withthis determinatiIn.
The Government of Malta avails itsilf of this opportunity to renew to the
Government of Libya the assuranceifiitshighestconsideration.

Valletta, Malta,
5 May, 1965.

-

I CONTlNENTAL SHELF

Annex35

Date of commencement: 22nd Apnl, 1971

Inexercise of the powtrs conferred upon him b3of the Continental
ShelfAct,1966,the Prime Minihasmade thefollowingorder:
1. This Order may be cited as the Continental Shelf (Designation of Area)
Order, 1971.
2. The area described in the Schedulehereto is by this Order designated asan
area within which the rights mentinnsubsection (1) of se3tof the
Continental Shelf 1966,are exercisable.

SCHEDULE
The area bounded by linesjoining the CO-oset ouhereunder, exclu-

sive of any land and of any territorial waters withinthose lines. The aforesaid
CO-ordinatesare

Annex 36

PETROCONSULTA MNTPSSSHOWIN GHE MALTES EONCESSI SITUATIO ASN
OF 31DECEMBE 1970,1974,1975AND 1976

[Nor reproduced] DOCUMENTARYANNEXES TO THE MEMORIAL OF LlBYA
I

(a) MINUTE S FA MEETING HEL OND11JULY 1972;(b) MALTESE
MEMORANDUM

{a) MINUTE S F A MEE~INGHELD ON 11JULY 1972
1
Minutes of a Meeting Held at The Auberge de Castille betwOfficiaiof the
Malteseand Libyan Governments

Present:
Maha Side :

Mr. M. Abela,
Mr. M. Coppini,
Mr. L. Naudi,
Mr. J.Bartolo.
Libyan Side:

Mr. Massaud Abuamer,
Mr. Muftah Abusdere,
Mr. EljaliLias.

FlighInformation Region

The Maltese side led off by exptaii?ng that earlier on this year, the Libyan
Director of Civil Aviation had expreqed his Government'swish of exercising
control over the whole of the presenta FIR. On the 22ndApril, the matter
wasdiscussed betweenthe Prime Minister and the Libyan President whereinan
understandingwas reached wherebyMalta would control an FIR which would
extend to Libya's territorial waters. Discussions were held on the question in
Malta on 30th May 1972when ~ib~a4representatives remarkedthat they were
not aware that an understanding hadeen reached betweenthe two countries
and promised to look into thematter; on their return to Libya. As had been
agreed during that discussianlettewas sent on 24th June 1972wherein the
arrangements reachcd on the22 April 1972were referred to and seeking the
finalization of the agreement between the two countries onthe issue. This letter
also indicatedfacilitiesavailablefor training Libyans.
The Libyan side replied that, purelyfrorn an operational point of view, they
thought that oneIR in this region would aemorefeasibleproposition. Libya
had already commissioned agroup of consultants to help adviseand implernent
its ownFIR. As far as the delegation w?s concerned they would opt for nothing
less than a Libyan FIR covering the t~rritory at present operated from Malta
with the soleexception of Malta'sairspace.
The.Malteseside explained that the Govtrnment had no wish or intention of
preventing Libyafrom exercisingcontrol over itstory. There were howevcr
political considerations and on the beis of such considerations, an understan-
ding had been reached at the highesi possible level. This understanding en-
visaged that Malta would continue tq have anFIR covering the airspace as

farasLibyan territorial waters,with Libya controllingthe remajningregion.330 CONTINENTA SLHELF

The Libyan delegation stated that they were not aware that any agreement or
understanding existed except on the continued existenceof a Malta FIR the size
and boundaries of which wereyet to be defined. Tbey had in fact instructions
from their Government to say that they would only consider an FIR covering al1
the territory currently being operated by Malta with the exclusion of Malta's
TMA. The idea that Malta's FIR should extend to Libya'sterritorial waterswas
not acceptableeither at technical or at political tevel,although the proposal of a
slightly enlarged Mahese TMA could be the subject of negotiation. A Working
Paper based on the assumption of overall control by Libya had been prepared
by the Libyan Civil Aviation Authorities and was actually on its way to ICAO

in connection with the next ICAO navigation meeting due to be held in Kam-
pala next October. The Libyan delegates added that if the problem from the
Maltese point of view wassimply that of redundant employees Libya would be
only too happy to absorb this labour.
The Malteseside replied that :
(a) the matter had been agreed upon at the highest political level and they
could not consider anything which deviated from the understanding
reached ;

(b) a Malta FIR equivalent to the present Malta TMA or a marginal accretion
was a preposterous suggestion even withinoperational consideration ;
(c) even if only the existence of a Malta FIR had been agreed upon on 22nd
April, the area envisaged bythe Malta side was of marginal size and its
further reduction would render the wholething rneaningless;
(d) the action by Libya in sending the Working Paper was grosslydeplored and
was in breach of the understanding reached in writing between the two
countries to the effect that "agreement between us bereached in the matter
before it is taken up in ICAO". The Malta side considered itself free from
the restriction imposed by the terms of that understanding.

It was re-confirmed by the Libyan sidethat :

(a) the proposal that Libya's FIR encornpass only Libyan national territory
was not acceptable; ,
(6) they could only propose the Maltese TMA as the FIR for Malta or a
slightlyenlarged TMA ;
(c) their Government had already made approaches to ICAO and a paper on
the subject was on its way.
It was agreed that the sides would report on the position to their respec-

tive Heads of Delegation.

Median Line

It was known that talks were being held betweenTunisia and Libya on the
subject. Malta has boundaries on this median line and in the interest of al1
concerned it was felt that tripartite talks, possibly in Malta, would be a far
better proposition than bilateral discussions. It was pointed out that Malta can
be of help in this respect through the advicesolicited frorn impartialexperts.
The Libyan delegation explained that there is a standing Committee in Libya
dealing with the subject. They suggested that an approach be made to this
Committee which washeaded by Mr. Suleiman Atiaga of the Libyan Ministry
of Foreign Affairs.
The Maftese delegation wtre prepared to sign a bilateral agreement with
Libya on the Median Line. The Libyan dclegation stated that this was not DOCUMENTARY ANNEXESTO THE MEMORIAL OF LlBYA 331
1
possible and that they would besending a delegation to Malta to negotiate the
necessaryagreement. The Malta Side agreed to make available the CO-ordinates
of the Median Line.

Externa!Ttilecommunications
I
The Maltese delegation askedfor fyrther information on the projected Libya,
Syria, Europe telecommunication link. The Maltese Prime Minister had dis-
cussed the matter with the Libyan piesident and the latter had answered him
that the necessarydecisionswere takeh to extend the link to Malta. The Libyan
delegationstated that they werenot bnefed on the matter.
The Maltese delegation also stateq that they understand that France was
planning for a telecommunication link joining Marseille/Malta/Tripoli/Tunis
and enquired whether Libya is interested in the project.
I
Noteson FlightInfarmation Cenrre

1. The Maltese Government have ?nsistedwith the British Government that
they should CO-operatewith the Government of the Libyan Arab Republic for
the establishement of a Libyan FIR.Te BritishGovernrnenthavefinallyaccep-
ted this position but they would only qay under the new agreementif the Libyan
FIR did not extend beyond the Libyan territorial jurisdiction and the Tripoli
and BenghaziTerminal Control ~reas!
2. The Malta Flight Information Çentre is under the control of the Maltese
Government and physicallyoperated by Maltese nationals. There are onIythree
foreigners having responsibilities in the Centre. They are British citizens under
contract with the Maltese Government and steps are being taken to replace
them by Maltesenationals in the near future.
3. The Maltese Government are lquite prepared to CO-operate with the
Government of the Libyan Arab Republic in those matters which the latter
Government feel important for the Security of their country, including the
exchange of necessary information and the placement of Libyan nationals for
training in the Centre. ' 1
4. The transfer of the FIC froLuqa to Tripoli (orany other place inLibya)
would in no way give to the authorities of the Libyan Arab Republic control
over military aircraft flyingover international waters, Le.,over the whole of the
area whichthe Maltese Government wishesto retain. In fact:

(0) Military aircraft are not subjectlICA0 regulations and only observe
them if they so wish. They of course take note of them and act accordingly
-such as by avoiding the airways or by flying at certain heights for their
own safetyand for the safety of other aircraft.
(b) Military aircraft movements withinthe FIR become known to the Centre
as sach onlywhen-
(i) a flightplan isfiledand sent
(ii) the aircraft originates on normal communica-
tions frequenciesor repliestocontact made by the Centre;
(iii) the presence of the aircraft is reported by other aircraft, normally civil,
flyingin the area (e.g., in the case of an air miss).
1
5. For these and similar reasons, the transfer of the FICfrorn Luqa would
not give substantially any more infor,mation ta the Libyan authorities about
military aircraft over international wrfters. For such information any country
must rely on other detecting means-such as the radar system. Moreover, al1
1332 CONTINENTAL SHELF

contacts with an FIC, whereverlocated, are made on.establishedfrequenciesand
are therefore audible by anybody in the area. There is nothing secret about
them.

1Ith July 1972.

(b)MALTESEMEMORANDUM

Memorandurn to the Libyan Delegation

1. The Maltese Government submits for the consideration of the Libyan
Government the following proposais airned at consolidating and extending the
political, economical and commercial relations existing between Malta and
Libya.

2. It has been noted that Malta has subrnitted a number of tenders which for
some reason or other have not been accepted. These include tenders for print-
ing work as well as the construction of mobile units of a floating dock and of
floating cranes.
3. The Libyan Governrnent is doubtlessly aware that Malta can only achieve
economic growth if it can find markets for its output. Malta is still in its initial
stages of development and it must be helpedto achieve this necessaryexpansion
of exports. The Maltese authorities accept that Libya cannot but award
contracts to the most competitive tenderers.Malta is making an effort to submit
competitive bids, however,it will be appreciated if in future before certain ten-
ders are awarded, the Libyan authorities would give the Maltese Drydocks or
any other Maltese parastatal contractor the opportunity to execute the order at

the price of the most advantageous offer. There might also be other occasionsof
certain urgent contracts where the Libyan authorities could consider the advisa-
bility of negotiating the price witli such Maltese contractors. Such negotiations
might include cost plus, profit-sharing, no profit on bought-out items or some
similarformula acceptableto both parties. In this way Mdtese exports will be in
a position to increase without any detriment to Libya.
4. We are aware that Libya plans to have its own docking facilities within 18
months time. The Malta Drydocks,Corporation is prepared to collaborate with
the Libyan Government on the running of its ship repairing facilities,both exis-
ting and projected for the future, and to provide for training as set out in para-
graph 15.The question of contracting work for the Maltese construction indus-
try in Libya has been the subject of previous talks. Following a fact-findingvisit
to Libya by Maltese contractors, a Maltese Company has been forrned with the
participation of abo6t 50 Maltese contracting firms, the Malta Development
Corporation and the National Bank of Malta. The required capital of
fD250,00 h0as been piedged in full by the various shareholders and 20per cent
has been paid up. The shareholders of the Company have between them
executed works in Malta for a total value in excess o£50 million. The Libyan
Ministry of Housing and Public Utilities haspromised its support to the extent
of waiving certain conditions required for the registration of international
contractors. DOCUMENTARY ANNEXES TI THE MEMORIALOF L1BYA 333

'5.To cnable the Company to rtari iunctioning cffmively it is neeessary for
the Libyan Govemment to grant the followingfacilities:
(i) recognition of the Maita ~nternaiionalConstruction Company Lirnited as
an "international contractor" by the Ministry of Housing and Public Utilities;
. (ii) double taxation relief, in a form ta be negotiatcd bctween Our two
Governments, applicable both to the Company and to the workers assigned to
work in Libya; and,
(iii) easing of the.Exchange Contr~l~Re~ulationsin Libya in respect of finan-
ciai transactions required by both Company and workers.
t
Joint Ventures

6. It has been the thesis of the h4aIttaGovernment in earlier discussionsthat
Malta's economic deveiopment shouldj as faras possible, be complementary to
Libyan development. Cut-throat cornpetition can only be of detriment to the
two countries. Malta thertfore is stnving to achieve an industrial structure
which takes advantage of the Libyan market without setting up competing
processes. l
7. The Malta Development Corporation has already studied the feasibility of
producing in Malta water and electricity meters, telephone instrument sets and
centrifuga1 water pumps. It is knownlthat a market exists in Libya for these
products. The Maitese Government sukests that Libyan capital should partici-
pate in these venturesand as a consequence the Libyan authorities could find
it worthwhile to allocate a share of the Libyan market to such ventures.
8. The Maltcse Govemment wouldlbe grateful to have information on the
likely future demand for these products by Libya. In addition it will be appre-
ciated if Malta could be informed whether Libya is prepared to participate in
joint ventures of this nature.

9. Trade between Maita and ~ib~al has shown encouraging signsof expan-
sion. It is the Maltese Government's contention that more can be done to fur-
ther trade betweenthe two countries. The Libyan authorities can help in this by
sponsoring visits of Libyan trade delegations to visit Malta at regular intervals
with the aim of buying Maltese products. It was gratifying to note that the
recent visit by members of the Libyan Chamber of Commerce resulted inorders
beingkft with Maltcse manufacturers. 1
10. The Maltcse authorities would reiterate their desire to have an outlet in
Libya for their excessflour milling capacity. Contacts have been made with the
Ministry of National Economy and the National Supply Company and samples
have ken forwardcd.It appears that the Libyan authorities are still not satisfied
with the samplcs received and more samples are being forwarded. It would be
useful to the local milleif the pertinent Libyan authority were to make avail-
able to the Malta Development Corporation a sample of the flour currently
in use in Libya to enable Maltese! millers to comply with the necessary
specifications.
i

Il. Ilis noted that there has not be(n any substantial improvement of Libyan
tourists visiting Malta. The Libyan Government isdoubtlessly aware that recent
political events resulted ina bad British press which in turn affected the Maltese
tourist trade adversely. Malta requires the immediate support of friendly neigh-334 CONTINENTAL SHELF

bouring States to fil1 its hotels. For this purpose the Maltese Governme'nt
requests Libya to allaw Maltese tour operators to organize al1inclusivetours to
enable Libyan nationals to spend their holidaysin Malta.

12. It is the understanding of the Maltese Government that there are still
sorne travelling restrictions for Libyan nationals. The Maltese Government
would appreciate a relaxation of these restrictions in respect of Libyans wishing '
to spend their holidays in Malta. On the other hand Malta is prepared to exa-
mine waysand means of CO-operatingwith the Libyan authorities in connection
with securitymeasures.
13. Malta is also currently negotiating with the Tunisian authorities the
establishment of a ferry service betweenthe two countries. The MalteseGovern-
ment will be grateful to know whether Libya is interested in a joint venture to
enabie the ferryserviceto linkTunis, Tripoli and Malta.
14. The Maltese Governrnent also notes that plans and feasibilitystudies for
the building of a hotel in Malta, catering mainly for Libyan tastes, have been
submitted to the pertinent Libyan authorities some months back. It is under-
tood that if the necessary exchange control permission was forthcoming Lib-
yan entrepreneurs would be prepared to set up a joint venture with a Maltese

hotel operator.

Training
15. The Maltese Government is prepared to offer the following training
facilitie:

(a)attachment with the Malta Drydocks Corporation for training Libyan
personnel in ship repairing, engineering,electrical and other industrial skills up
to recognizedtrade levels ;
(b) attachment of Libyan personnel to the Malta Flight Information Centre
for training of controllers and HF/ RD communicators on the basis of oneman
per watch for three months. Over a nine-month period 12 controtlers and 12
cornrnunicatorscan be trained ; and
(c) training in the various management and technical ski1lsrequired to run a

television studio in a "Television School" which isking set up in Malta bythe
Frederick Ebert Foundation.
Malta can also :

(a) provide senices, including trained man-power, to run, maintain and ser-
vice power stations, sub-stations, pumping stations, oil installations and other
similar industrial units in Libya; and
(b) send technical experts to Libya 10train Libyan personnelin the use of a
printing press. Until such time as the Libyan personnel are fully trained
contracts can be executed bySt Paul'sPress which is owned bythe Government
through the Malta Development Corporation. In the long run it will beimpor-
tant for Malta and Libya to corneto an understanding wherebycontracts in the
Arab language are printed in Libya whilst contracts in European languages are
printed in Malta. In this wayfruitful CO-operationcan be established.

Labour CondirionsofMalreseWorking in Libya
16. Following discussions between the Maltese and the Libyan delegation in

Tripoli last March and the expected movement of Malteseworkers in Libya it is
being proposed that a Labour Agreement be signed by the two countries. Such
agreement wouId incorporate among other things provisions regarding Social DOCUMENTARY ANNEXES TO THE MEMORIALOF LlBYA 335

Security and Double Taxation ~elief. It would also follow broadly the sarne
lines of a similar agreement entered into between Libyaand Tunisia. Regarding
Social Securityit is proposed that a Special lnsurance Fund for Maltese wor-
kers be set up by the Libyan authorities and Maltese workers and their
employers would be required to pay 'into this Fund contributions al the same
rates payable under the Libyan Law. /
17. The Libyan authorities would pay out of this Fun:
(a) SicknessBenefit;
(b)Injury Benefit;and
(c)for Medical Care both in the eyent or ordinary sicknessas well asinjury
arising out of an occupational accident.
I
18. The Libyan authorities would,inform Malta either regarding individual
cases or of the state of the Fund as a,whole periodically. Any surplus would be
sent to Matta and any deficitwould be made good by Malta.
19. The possibility may also be donsidered of entering into a Reciprocity
Agreementon the pattern of International Agreementsof this nature.
20. Regarding Double Taxafionit is proposed that a DoubleTaxation Relief
Agreement be negotiatedbetweenLibya and Malta.
21. This could take the form of si9ilar recognized International Agreements
or a ciause could be inserted in the proposed Labour Agreement withthe aim
that the two Governments would give Double Taxation Relief to each other's
nationals that is, each country would undertake to exempt from Incorne Tax
any income accruing to Nationals of the other country from sources within the
former country. I
22. In the case of Malta this couldbe achieved by the use of the Minister's
powersunder Subsection 2of Section18of the Malta Income Tax Act.
l

23. The Maltese Government is stiil short of funds and requires assistanceto
enable it to irnplement those infrastlctural projects considered to be important
for Malta's development. For this purpose the Maltese Government requests a
soft loan on the pattern of the loan recently negotiated withChina. Such a loan
would bean interest-free loan with amoratorium for ten years and subsequently
repayable by equal instalments over,a further period of ten years with corn-
modity exports to Libya. Some of the projects which Libya mightwishto spon-
sor are the following: 1
(a) Irrigation 1
24. The Maltesefarrner is at a bigdisadvantage dueto the fact that onl5 per
cent of agricultural land is irrigated.IFacilitiesfor water storage and irrigation
equiprnent are costly and beyond theimeans of the average Maltese farmer. The
Government istherefore ernbarking o,n a project to provide irrigation to a larger
number of farms. Projects awaiting implementation include the construction of
reservoirsto collect run-off water dunng the storm period (Septemberjoctober)
and the construction of waler towersiinto which water from existing large welts
can be pumped and subsequentlyused for irrigation.

(b) Civilabbotoir
25. The Government has been postponing the building of a newcivilabbatoir
due to lack of funds. The present abtiatoir is old, lacks equipment and is totally
unhygienic. Plans have been drawnl up by international consultants and the
Government has asked a Dutch expert to check the plans and suggest econo-
mies.This Scheme is worth f l millio?.336 CONTINENTAL SHELF

(c) Nationaloirline

26. Plans are far advanced to set up a Maltcse National Airline. Only thus
can Government ensure that Malta wil1be adequately linked by air to various
tourist centres. The Government looks upon such an airline not as an instru-
ment of profit but as a means of expanding its tourist traffic and air freight.
The new airline rnust have at its disposal modern jet aeroplancs comparable
to the carriers which BEA and Alitalia are operating at the moment (Tridents,
Caravelles and DC9). The initial capital for this airline is estimated to be about
f 1million.

(d) Belt is-Sebh
27. The Maltese Government is building a ncw administrative town inFlo-
riana known as "Belt is-Sebh".The complex will include the construction of
Government offices, entertainment facilities and a super-market. The site
requires land-scaping, roads, and the construction of watcr rescrvoirs. Thispro-
ject is anticipated to cost aboft1million.
28. It is the Malta Government's intention that a plot be rtstrved to enable
the Libyan Government to conslruct its Embassy in this new administrative

town.
(e) Telecommunications

29. It is known that Libya is planning to laya telecommunications cable to
Syria and Europe. During the course of high level discussions held in Libya it
was agreed that this cable be extended to Malta through Sicily. It will be
appreciated if the Libyan delegation can indicate their plans. The Italian autho-
rities have already been approached and have agreed to this arrangement. Itis
also understood that arrangements are being made to lay a Submanne Cable
between Tripoli and Marseilles. Ifthe Libyan authorities could confirm this it
would be appreciated ifthey furnish more information to the Maltese Govern-
ment with a viewto considering the possibilityof rnakingsuch a submanne link
via Malta.

(f) Maltaflighi i&rmaiion region
30. Under the air navigation plan for the Afncan-Indian Ocean region of
ICA0 set up under the Chicago Convention, 1944,Malta is responsible for the
Flight Information Centre based on the Island. This centre provides air traffic
control. meteorological information and other services in an area which is de-
fined to includethe territory and territorial waters of the Libyan Arab Republic.
31. The Government of the Libyan Arab Republic has decided to assume
responsibility for the provision of air traffic services in the air space above the
territorial limits of the Libyan Arab Republic and furthermore expressed the
opinion that it would be expedient for the Libyan FIR to encompass the whole

of the present Malta FIR.
32. The Maltese Government does not agree with this vicwand holds that the
Libyan FIR should only encompass Libyan sovercignterritory. This matter was
discussed at a high lcvelmeeting which took place in Tripoli on the 22nd April
1972at which Malta'scontention was acceptcd.
33. In spite of this decision the Libyan Civil Aviation authorities are still
contending that the Libyan FIR should encompass the whole of the present
Malta FIR and the matter was discussed with the Administrative Sccretary in
Malta on the 10thMay 1972.
34. 11is important for Malta that Libyan Civil Aviation authoritiesenter into
an agreement whichhonours the decisions which weretaken in Tripoli at the
meetingof the 22nd April. DOCUMENTARYANNEXES TO THE MEMORIAL OF LIBYA 337
I
(g) Median line
I
35. The Maltese Government is dware that discussions are in progress be-
tweenTunisia and Libya to establish rnedian line. Maltahasan interest in this
and wishes to participate in these discussiosothat talks can be concluded on
a tripartite basis. 1
36. Malta has already obtained expert assistance and median lines have been
drawn in accordancc with Article 6 of the UN Conference on the Law of the
Sea, Convention on the Continental Shelf and Contiguous Zones of April 1958
(Art. 12)and the Convention onthe Continental Shelf ofthe same month (Art.
6).This work may be of assistance \O both the Libyan and Tunisian Govern-
rnents. The Maltese Government suggeststhat discussions on the mcdian line be
held inMalta.
(
(h) Agriculture i
37. The Maltese Govemment appreciates the gesture made by the Libyan
Govemment in donatina citrus trees to Malta. It is to be~ointed out that the
needs of Malta in the s&torof treeplanting aresuch that iny future donations
which the Libyan authonties may be lina position to make would be gratefully
accepted. i
38, 1t is noted that both Malta and Libya are paying high prices for cereals
destined for animal fodder. Itisundfrstood that Libya has the necessary land
and the necessary agricultural machinery and equiprnent. Libyais therefore in a
position to aiienate some land to this,tyof cereal production. It is suggested
that Malta could supply the necessary,labour for growing such cereaisin Libya.
Arrangements can be made forthe produce to be shared between the two coun-
tries on an equitable basis. If this ;Scheme commends itself to the Libyan
Govemment feasibilitystudies can be drawn up.
39. It is the aim of the MaIteseGovernment to become as independent as pos-
sible of the international markof re9ned sugar. To this end the Libyan autho-
rities are invited to study together with the Malta DeveIopmentCorporation the
possibility of setting up in Malta a sugar refinery as a joint venture to cater for
the needs of both countries. CONTINENTALSBELF

Annex38

MALTES ERAFTAGREEMES NUTBM~TTEND12JUL1972

[SeMernorialofMalAnnex4,infra] DOCUMENTARY ANNEXES TOTHE MEMORIAL OF LIBYA 339

Annex 39
I

[Arobilexrrial reproduced]
I

Agreement between the ~ovcrnrnrn) of the Libyan Arab Republic and the
Government of Malta relating to the delimitation of the continental shelf be-
tween the two countries.
The Government of the Libyan!!rabRepublic and the Government of
realisingthe goals of their active role in the Mediterranean sea, starting with the
aims and the custornary rules of the in,ternational law concerning the establish-
ment of sea boundary betweenthe respectiveparts of their continental shelf,
Have agreedas follo:s

1
(a) The dividing line between the pqs of the continental shelf which apper-
tains to the Libyan Arab Republic and that appertains to Malta shall be defined
by the great circlesjoining the points whichtheir CO-ordinate:are given below

m PointNo. Longitude
(1) 1 13495
(2) 11 13555
(3) 111 14005
(4)IV 14100
(5)v 14124
(6) VI 14178
(7) VI1 14250
(8) VI11 14300
(9) IX 14395
(10) x 14460
(Il) XI 14538
(12) XII 14535

(b)The dividing lineha beendrawn )n the chan annered to this agreement.

I

Subsequent changein the conformation or charting of the coastline or
baselines of Malta or the Libyan Arab ,Republicdue to natural or other causes
shall no1alter the dividingline.

i CONTINENTAL SHELF

Article (3)
In case that a single petroleum field extends across the boundary of the di-
viding line, then the contracting parties shall consult with a view to reaching
agreement upon a plan for the exploitation of the field inquestion.

Article (4)
Should any dispute arise concerning the position of any installation or other

devicein relation to the dividing line, the contracting parties shall in consulta-
tion determine on whichsidethe installation or other dcvice issituated.

Article (5)

This agreement shall becomeeffectiveon the date of exchange of instruments
of ratification.

Done at in two original
copies inArabic and Englishlanguages,bath copies beingequally Authentic.

For the Government of the For the Governrnent
Libyan Arab Republic of Malta .?nnex 40
i
DRAFTMALTESM E INUTE SFA MEETING HELD ON 23AND 24APRIL 1973

MINUTE SF THEMEETINGHELD 23R4AND24THAPRIL1973 .T THEMINISTR YF
COMMONWEAL ANHD FOREIGNAFFAIRS ,ALLElTA
I
DELIM~TATIO ON THEDIVIDING LINE BETWEEM NALTA AND THELIBYAN ARAB
REPUBLIC

Libyon Delegatio:
Mr. Muftah Mohammed Unis, M$istry of Planning,

Mr. Ahmed KhalilGarta, Ministry of Housing,
Mr. Nuri Mustafa El Gritti, Ministryof Petroleum,
Mr. Abdellah AhmedKharbach, Ministry of Foreign Affairs,
Mr. Mohammed HmcdaMatri, Ministryof Foreign Affairs.
MalteseDelegation:
l
Mr. M. Abela,secret&, MOFA, 1
Mr. T. A. D. N. Hillyerd,UN Adviser,
Mr. C.Twardovski, UN Adviser,1
Mr. L. Dedone, Assistant Secretary, Ministryof Development,
Mr. H. F. Naudi, MOFA.
I
The Libyan Arab delegation submitted a draft agreement in five articles in
which the CO-ordinatesof the dividirigline betwcenMalta and the Libyan Arab
Republicwere given.
The Libyan Arab Rcpublic debgi;ioionstated that in determining the dividing
line, the respective length of the popion of the coastline of the LAR which is
facingMalta had onlybeen taken int? considcration.
Thisportion of LA shore line w?s defined as extending from the Tunisian
border to east of Misrata. The distancesbetweenthe two coastlines(Malta and
LAR) was divided in the same that the two shorelinesbear to each
other.
Injustifying this method the LAR belegation stated:
I
(1) The equidistance principleis not equitablcase,at the sametimeit is
not the only method applica1le.
(2) The equidistance principle was .not to be fair in the North Sea case
and Fernando Poo Island therefore itot applied.
in repiying to the example stbyethe Maltese delegation concerniog the
detcnnination of the dividing line ~bythe equidistance method between the
Island ofalta and Sicilythe Libyan delegation stated that in this specificcase
both methods willgive almost the sarne results, because of the fact that the
portion of the coastiineof Sicily1s1anhisnearlyequal to the lengthof the Maltese
CoastfacingSicily.
Articl6 of the GenevaConvention of 1958ernphasired that the boundary of

I342 CONTINENTAL SHELF

the continental shelf appertaining to States shall be determined by agreement

between thern, and in the absence of agreement and unless another boundary is
justified by spccialcircumstances the boundary isthe rnedian line. This makesit
very clear that the equidistance principle isonly one method to determine the
dividingline and itisnot obligalory to any State.
The Maltese delegation stated that the principles enunciated by the Libyan
Arab delegation are new oncs which haveno international precedents. The case
of Gerrnany was one of adjacant States and thereiore not comparable to the
situation of Marta and Libya which are two States facing each other. Fernando
Poo, like the ltalian islands of Linosa and Lampedusa, are island dependencies
of metropolitan areas situated on the continental shelfof another State. Malta
is an island State and can claim the sarne breadth of maritime junsdiction as
coastal States situated on the mainland of a continent. The equidistance prin-
ciple has beenadopted in the North Sea for the drawing-up of the median line
between Britain and Norway. Inthe Mediterranean between Italy and Malta, in
the Arabian GulfbetweenBahrain and Saudi Arabia. Indeed,in similarsituations
the principle of equidistance has always prevailed. It was pointed out to the
Libyan Arab delegation that the equidistance principle gavea much larger acre-
age to the State with the longer coastline than to the State with the shorter one.
This principleensures an equitable distribution of the continental shelf.
The Maltese deiegation stated that they could not accept the principles enun-
ciated by the Libyan Arab delegation that their position had been made clear in
the minutes and draft agreement submitted to the Libyan side in July 1972,and
they could only usefully discussthe issue on that basis. The Maitese delegation
further stated that the equidistance principle was founded on legalinternational
practice. The Libyan side were not prepared to carry on the discussion on the
basis on the equidistance principle.

Both delegations agreedto report to their respectiveauthorities. MESSAGEDATED 23APRIL 1973FROM THE HONORABLE
DOM MINTOFF TO COLONEL GHADAFFI

Regret delegation sent by the ~ib~lanArab Republic to discuss median line
between the two States havesuggestek ls the underlying principle for the divi-
sion of the continental shelfan inequitable yardstick completelyunacceptable to
the Government of Maita and not yet adopted betweentwo sovereign territories
anywhere elsein the world.
Regret aiso that notwithstanding al1my efforts it has not been possiblefor me
to obtain a definite assurance of time and day on which 1could meetyou perso-
nallyto discuss a finalization of this and other urgent matters and also an iden-
tificatioof OUT common interests before my impending visit to Italy, France,
Belgium and Great Britain where meetings wiIl be held with top responsible

Ministers. 1hope that you will be in /aposition to ask your Prime Minister to
come and visit uswithin the next two or three days before mydeparture.
Meantime it is now impossible for us to evade the commitments we have
made with internationaloil companies and tenders are being called for with a
provisional median line identical with the one which was submitted to your
Govemment over ayear ago.

M*LEsE NoTlCr m. 41oF 1973

[See Mernorialof Malta,Annex 2, infra] CONTINENTALSHELF

Annex 43

MESSAG FEOM PRIM E INISTEMRINTOF DFATED25 MARCH 1974

MESSAGEDATED 25MARCH 1974FROM THEHONOURABLE
DOM MINTOFFTOCOLONELGHADAFFI

On February 27th, 1974,the Embassy in Malta of the Libyan Arab Republic
by letter-minute No. 51141110confirmed in writing the decisions which were
reached between Your Excellency and myself at our meeting in Tripoli on
February 16th, 1974.
Soon after my return from hospital-onMarch 12th- 1974-a Maltese
mission headed by Mr. Joe Camilleri, Secretary to the Maltese Cabinet, arrived
in Tripoli to urge for an early irnplemcntation of the agreement reached by us.
It waç not possible for Mr. Joe Camilleri to meet Your Excellency person-
ally butamerno was forwarded to Your Excellency through your Foreign
Office.
My colleagues and understand how full your hands have been with very
important State matters in the past weeks but we are sure that you will not be
offended if askYour Excellency to tell us whether it is still intended for one
of the Libyan Ministers to corne to Malta. As Your Excellency knows the
Libyan suggestion was for the Minister of Communications to amve during the

first weekin March.
Meantime for lack of a final decision, the previous difficulties are becoming
more complicated. For instance, we have been informed by Mr. Fitury of the
Brega Petroleum Marketing Company that no more oil will be supplied to
Malta on the present credit basis and that his authority has been limited to
provide only one load of crude oil and no more. Similar complications are
arising with the definition of the median line, the Shipbuilding Project and fi-
nancial lossesincurred by Sea Malta (a Maltese-Libyan venture) owingto hope-
less bureaucratic misunderstandings. About this latamrforwarding a
separate memorandum.
If Your Excellency feelsiis better to send again a Maltese detogation
the Libyan Arab Republic I wiilof course act accordingly. DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 345

Annex 44

COMPROMIS OF ARBITRATIONBETWEENTHE GOVERNMENTOF THE LIBYANARAB
REPUBLlC AND THE GOVERNMENT OF THE REPUBLICOF MALTAREGARDlNGTHE
DELIMITATION OFTHECONTlNENTAL SHELF INTHEMEDITERRANEANSEA

The Government of the Libyan Arab Republic and the Government of the
Republicof MaIta,

Consideringthat the sea-bed and çubsoil in the Mediterranean Sea between
Libya and Malta forms a continental shelf over which the two States under
international Iaw exercise sovereignnghts for the purpose of exploring it and
exploiting its natural resourccs;
Conrideringthat for the purpose of exercisingthesc sovereignrightsit is desir-
able to lay down the exact boundary of the continental shelf between the two

countnes ;
Consideringthat as a result of negotiations betwcen the Parties some differ-
ences of opinion have becorneapparent in regard to the rules and principles to
be appiied in layingdown such a boundary ;
Consideringthe close andfricndIyrelations existing betweenthe two Nations

and lheir Governments;
Intendingto settle the differcnces which havethus arisen in the spirit of the
friendlyand good neighbourlyrelations existingbetween them;
Bearing inmind that for the purposeofsettling differences betweenthe two
States whichcannot be solvedby mtans of diplornatic negotiations,judicial set-
tlemcnt is best inharmony with the basic pnnciples of international law and the
Charter of the United Nations to whichthe Partiesrmlyadhere;

Bearing in mind that Libya and Malta are both Members of the United
Nations and as such parties to the Statute of the International Court of Justice,
but aisobearing in mind that under Article 95 of the Charter of the United
Nations member States maysubrnit their differencesto tribunals other than the
International Court of Justice;
Have decided to submit the differencesthat have ariscn to an Arbitral Tnbu-

na1 and for this purpose have agreasfollows:

ArticleI

(1) The Tribunal is requested to decidethe followingQuest:on

"What is the dividing line between that part of the Continental Shelf
which appertains to the Libyan Arab Republic and that part whicapper-
tains to Malta?"

(2) The Tribunal shall mach its conclusionsin accordance with the mles and
pnnciplcs of international law.
(3) The fnbunal is not calledupon to decideithematter ex aequoet bono.346 CONTINENTAL SHELF

Article2
(1) Each of the Parties shall within 14days aftet the entering into force of the
present agreement designateone member of the Tribunal and inform the other
Party thereof. The two members shall thereafter jointly designate a third mem-

ber, whichshail serveas the President of the Tribunal.
(2) If the two members appointed by the Parties cannot agree upon the desig-
nation of the third mcrnber of the Tribunal within 30 days after the entry into
force of the present agreement, the designation willbe made by the President of
the International Court of Justice at The Hague at the request of either of the
Parties.
(3) The members of the Tribunal shall al1be of nationalities different from
that of the Parties, and shall be lawyers having recognized cornpetence in the
field of international law.

Article3
Each of the Parties shall within one month of the date of the entering into

force of the present Agreement appoint an Agent or Agents who shall be
responsible for its part of the proceedings, EachParty shall communicate the
name and address of its respective Agentor Agents to the other Party and the
members of the Tribunal.

Article4
(1) In order to carry out the duties confcrred on it by this Compromis the
Tribunal shall meet in its first session within30 days after the designation of the
third rnember.
(2) The Tribunal shall initiallyestablish its own rules of procedure, subject to

the provisions of this Compromis, and may engage such technical, secretarial
and clerical staff and obtain such services and equipment as may be necessary
after consultation with the Agents.

Article5
(1) The proceedingsshall consist of written pleadingsand oral hearings.
(2)The written pleadings shall be limited, unless the Tribunal othenvise
directs, to the followingdocuments :

(a) Mernorials which shall be submitted by the Government of each Party
to the Tribunal and to the other Party within forty-five (45) days after
the date of the first meeting of the Tribunal, as providcd in Article
4 (1);
(bl Replies which shall be submitted by the Government of each Party to
the Tribunal and to the other Party within thirty (30) days after the
date of submission of the respectivememorials.

(3) The oral hearings shall be held in Geneva, Switzerland, at a time and
place to be fixed by the President of the Tribunal after consultation with the
Parties, but to commencenot earlier than sixty(60)days after the submission of
the respective replies.

Article6

(1) The Tribuna shlall render its decision as srion as practical after the
conclusion of the oral hearings. DOCUMENTARY ANNEXES TO THE MEMORIAL OF LlBYA 347

(2) The decision of the Tribunai may be adopted by a majority vote ofthe
members. The decision shall contain a statement of reasons, and shall inctude
the dissentingopinion, if any, of any rnemberof the Tribunal.
(3) A signed copy of the decision shall be immediatelytransmitted to the two
Parties.

Arricle7

(1) All proceedings in connection with this arbitration shall be private, and
the record of the proceedings shall not be made public except by agreement of
the Parties.
(2) The decision of the Tribunal shall be made public, at a date to be agreed
upon by the Parties.

Article8

Any dispute between the Parties as to the interpretation of the decision shall,
at the request of either Party, and within four weeks after the rendering of the
decision, be referred to the Tribunal for clarification.

Article9

(1) The expense of the Tribunat shali be borne equally by the two Parties. To
this end the Tribunal shall render a final account stating the total amount of its
expenses.
(2) Each Party shall bear its own expenses.

Article 10
The Parties shall give efîectto the decision of the Tribunal by concluding an
agreementon the delimitation of the continental shelfareas appertaining to each
Party according to that decision. The Parties shall proceed to the conclusion of
such an agreement immediately upon the expiry of the time-limit set forth in
Article 8, or immediatelyupon the renderingof any.clarification by the Tribunal

as provided for therein.

Article II

The present agreementshall enter into force on the day of signature thereof, CONTINENTALSHELF

Annex45

CONïINEKTALSHELFACT, 1966
(ACTNO.xxxv OF19661

The ConfinerîShelf(Designa ofA0rnaOrder,1974

Date of commencement: 15thOctob1974

In exerciseof the powersconferred upon him by section 3of the Continental
ShelfAct1966,the Prime Ministerhas made the followingordcr:

1. This ordmay be cited as the Continental Shelf (Dcsignation of Area)
Order,1974.
2. The area described inthe Schedule heretois by this Order designated asan
areawithin which the rights mentioned in subsection (1) of section 3 of the
Continental Shelf Act,,are exercisable.

Schedule

The area bounded by linesjoining the CO-ordinates(wexpressein
degrees, minutes and tentasminute) set out hereunder. Thc aforesaid co-
ordinates are:
(a)D 35'06'7N
14'50'5E
H 35'06'7 N
15'33'5 E
K 34'43'4 N
15'33'5E
E 34'43'4 N
14'50'5E

(b) U 34'43'4N
15'03'3E
X 34'43'4 N
15'23'3E
W 34'27'2 N
15'23'3E
V 34'27'2 N
15'03'3 E DOCUMENTARY ANNEXES TO THE MEMORIALOF LIBYA

Annex46

LETTER FROMESSO STANDAR LDIBYADATED 29SEITEMBER 1974

National Oil Corporation
Tripoli
Libyan Arab Republic.

This letter of Agreement shall be an integrapart of the Exploration and
Production Sharing Agreement (the "Agreement'? datcd 13 Ramadan, 1394,

corresponding to29 September 1974,between the National Oil Corporation, as
FirstParty,and Esso Standard Libya Inc., asSecond Party, and will evidcnce
our further agreementwith referenceto the areas subjectthereto, as follows:
1. Until such timeasthere has beena demarcation of the offshore area sub-
ject to the jurisdiction of the Libyan Arab Republic from the offshore area
subject to therisdiction of Malta, by mutual agreementbetweenthe two coun-
tries or by their mutual concurrence with a binding international convention, or
by any other binding determination as shown by satisfactory documentary evi-
dence, Second Party will not be obligated to commence Petroleum Operations
eitherin those portions of the Offshore Contract Area or in those portions of
the Area subject to the deep water commitment specified in Article 14, of the
Agreement which liein waters north of latitude 34' 10'00"north.
If, within three years from the EffectiveDate of the Agreement,the offshore
boundary between the Libyan Arab Republic and Malta has been resolvedas
provided inparagraph 1above and a portion of the Offshore Contract Area lies
'
outside the jurisdiction of the Libyan Arab Republic, then Second Party's
exploration commitment of forty million ($40,000,000)US dollarsas to the
Offshore Contract Area asprovided in Article 4.3 of the Agreement shall be
reduced, The reduction shall bein the proportion of the Offshore Contract Area
in water depths not exceeding00 metres.detennined to be outside the jurisdic-
tion of Libya bears to the total area within the Offshore Contract Area in water
depths not exceeding 500 metres. In addition, the portion of the Offshore
Contract Area deterrninedto be outsidethejurisdiction of Libya shall not there-
after beubject to the Agreement.

(4 If at the expiration of three years from the Effective Date of the Agree-
ment, the demarcation of the boundarysmentioned inparagraph 1above,
has not been resolveas provided therein, First Party shall furnish Second
Party an official map showing the offshore area in question between the
two Govemments, and the extent to which the Offshore Contract Area lies
within such area in question. For any portion of the Offshore Contract
Area lying within such area, Second Party's exploration commitment of
forîy millio($40,000,000)US dollars shail be reduced in the same manner
asprovided for in paragraph 2 as if the portion of the Offshore Conlract
Area lying within the area in question is outside the jurisdiction of the
Libyan Government. If First Party does not furnish such a map, the Parties
shail enter into an agreement within six(6) months after the expiration
of the three-year period as to the demarcation beyond which Petroleum
Operations will not be conductedin the Offshore Contract Area and Se- CONTRiIENTAL SHELF

cond Party's forty million(a40,000,0 do0lars exploration cornmitment
shall be proportionatcly reduccasprovided above in paragraph 2.
@) If Second Party's exploration commitment is reduced as provided in
subparagraph (a)above, but the boundary line between Libyaand Malta
is resolved as provided in paragraph 1 within the period between
three years and six months from the Effective Date of the Agreement:
(i) the description of the OffshoreContract Area shall, if necessary, be
amended accordingly; (iiSecond Party's exploration commitment shall, if
neccssary, be proportionately adjusted; and (iii) the time available to
complcte the remaining amount of the expioration commitment as to the
Offshore Contract Area shall be extended fora period of three years from
the date on which satisfactory evidcnce of establishment of the boundary
line is furnished. Provided, however, thatifsuch cvidence has not been
furnished by the end of the six-yearperioddescribed in Article 4 of the
Agreement, Second Party's obligatioasto the remaining amount of such
commitmcnt shall thereuponterminate.

In the event that any portion of the area subject to the deep water commit-
ment specified in Article14of the Agreement isdetermined to lie outside the
jurisdiction of Libya,such portion of the deep water commitmentshd not there-
after be subject to the Agreement; however, Second Party's deep water com-
mitment shall not be proportionatcly reduced as in the case of the Offshore
Contract Area.

If you are in agreement withthe above, please so indicate by your signature
below.

ESSOSTANDARD LIBYA INC.
By :(Signed)[Illegible.]

NATIONAL OlL CORPORATION
By : (Signed)[IIlegible.) DOCUMENTARYANNEXESTO THE MEMORIALOF LlBYA 351

Annex47

LIBYA NOTEVERBAL DEATE D0JUNE 1974

[Arabic text not reproduced]

(UnofficialTranslation)

DEPARTMENTOF THEINTERNATIONALORGANIZATIOA NSD
TECHNICALCWPERATION

SECTIONOFPETROLEUM AFFAIRS

The Ministry of Foreign Affairs presents its best compliments to the Embassy
of Malta, and hasthe honour to inform it that it has come to the knowledge of
the Ministry that the esteemed Government of Malta had granted the Texaco
Oil Company the right to prospect for oil in the area south of Malta. The
Government of the Libyan Arab Republic wishes to record its reservation with
the Government of Maasregards this action.
The Ministry of Foreign Affairs avails itseif of this opportunity to express
once againto the Embassy ofMalta its highest appreciation and respect. CONTMENTAL SHELF

[Arabic tenotreproduced]

{Unofjcial Tramlarion)

NOTEVERBALEDATED 14JULY1974 FROMTHELIBYANMINISTRYOF
FOREIGNAFFAIRS TO THE EMBASSYOFMALTA 1NTRIPOLI

The Ministry has the honour to inform that the competcnt Authorities in the
Libyan Arab Rcpublic have corne to know that the Governmcnt of Maita has
signed an agreement with TEXACO on 31 May 1974,according to which the
Company has been granted the concession for oil exploration on the sea-bed
south of Malta.
The Times of Molto has published on 1 July 1974a warning to ships and
fishing boats to stay awfrom the ship which wiIl be carrying out seismo-

graphic surveyfor the next two months at the distance of 40milessouth of Malta
between the meridians of latitude 34'26'to the south and 35'06'to the north
and the meridians of longitude 14'50'to the west and 15'32'to the east.
And since both the agreement and the survey mentioned afa1within a
part of sea-bed arca wtiich is subject to ntgotiations betwttn the two countries
with the viewto dctermine what appertains to cach country, the Ministry, there-
fore would like to know how accurate is the news and will be grifthel
Embassy exerts its good offices with the competent Maltese authonties for
appropriate details in this respect.
The Ministry of the Libyan Arab Republic avails itself of this opportunity to
express to the Embassy of Malta the assurance of its highcst consideration and
respect.

Amex 49

MAP SHOWIN THEAREA OF SEISMIS CURVE YF MALTA: 1974

[Norreproduced] DOCUMENTARYANNEXESTO THEMEMORIALOF LlBYA 353

Anntx 50

[Arabic texnorreproduced]

DEPARTMENO TF INTERNATIONAL ORGANIZATIONS ANDTECHNICAL
CMPERATION
SECTION OF PETROLEUM AFFAIRS

'
The Ministry of Foreign Affairs presentsits best complimentsto the csteemcd
Embassy of the Republic of Malta and has the honour to refer to the note of
this Ministry, No.T13/498 8ated30 June 1974concerning the granting by
the Maltcsc Governmentof the rightto prospect for oil south of Malta to the
Texaco Oil Company.
The Ministry wishcs to request the Embassy of the Republic ofalta to
supply it with a charî showing the area in which prospccting for oil is to take
place. .
The MinistryofForeign Affairsavailsitself of this occasionto express again
to the esteemed Embassyils highcstregand respect. CONTINENTALSHELF

Annex51

The Embassy of Maita presents its compliments to the Ministry of Foreign
Affairs ofthe Libyan Arab Republic and has the honour to acknowlcdge receipt
of its Note Verbale, Ref.MT 1315310, dated 17thJuly 1974(26th Jumada at-
Thani, 1394).
The contents of the Note Verbaleare being referred to the appropriate autho-
ritiesinMalta for the necessary action. Ttmay be noted at the same time that
the contents of Note Verbale MT 13,dated 30th June 1974(9 Jumada at-Thani
1394) werc conveyed to the appropriate authorities in Malta, as requested,
without any delay.
The Embassy of Malta avails itsclf of this opportunity to renewto the Minis-
try of Foreign Affairsthe assurance of its highest consideration.

The Ministryof Foreign Affairs
Tripoli
Libyan Arab Republic. DOCUMENTARY ANNEXES TO THE MEMORIAL OF LlBYA

Annex52

MALTESN OTEVERBALD EATED25 JULY 1974

(UnofficialTranslation)

NOTEVERBALESENTBYTHEEMBASSYOF MALTAINTRIPOLITOTHEMINlSTRY
OFFOREIGN AFFAIRSOFTHE LIBYANARABREPUBLICONTHE 25tJULY 1974

The Embassy of Malta presents its compliments to the Ministry of Foreign
Affairs of the Libyan Arab Republicand hasthe honour to acknowltdge receipt
of its Note Verbale, reference12593d,ated 14thJuly 1(2316194).
The contents of the Note Verbaleare beingreferredto the appropriatt authori-
tiesin Malta for the appropriate procedures.
The Embassy of Malta avails itoflthis opportunity to retowthe res-

pected Ministof Foreign Affairsits highestconsideration andrespect. CONTINENTAL SHELF

Annex53

'The Embassy of Malta presents its compliments to the Ministry of Foreign
Affairs of the Libyan Arab Republic and, in replying to the Ministry's Note
Verbaleof the 14thJuly 1,974hasthe honour to state asfollows:
The Government of Maita will always wclcorneany approach made by
the friendly Embassy of the Libyan Arab Republic in Maita for informa-
tion about any subject. A Seismicboat has ken opcrating at a distance of
40 miles south of Malta between latitude 34 degrees 26 minutes south, 35
degrees 06 minutes north, and longitude 14degrees 50 minutes Westand 15
.
degrees 32 minutes east. The area in question falls within the continental
shelf of Malta. It is also north of the equidistance line separating the sub-
marine areas of Malta and Libya. Therefore any activities relating to the
exploration and exploitation of minerals and oil in this region are ex-
clusively a matter for Malta's domestic jurisdiction. This is aiso why
the Government of Malta cannot accept the rescrvation made by the Go-
vernment of Libya on the 30th June 1974,with regards to the granting by
the Government of Malla of the rights to Tcxaco Malta Inc. for oil
exploration.
In this connection the Embassy of Malta in answer to the Note Verbaie
of the Ministry of Foreign Affairs of the Libyan ArabRepublic of the 17th
July 1974, has the honour to attach a copy of iegal N~tice 41 of 1973
issued as a supplemcnt to the Malta Governmeni Gazetteof the 24th April
1973,in which the CO-ordinatesof the areas requested are stated. The rele-
vant map isalso attachcd.
Whilst on this subject the opportunity is being grasped to record the fact
that the Government of Malta cannot accept or recognize the contention
that the Gulf of Sirte, south of a line drawn dong latitude 32 degrees
30 minutes north is a part of Libyan ttmtory or falls under Libyan
sovereignty.The Govemment of Malta continues to regard as the baselines
for the delimitation of Libyan territorial waters and continental shelf the
internationally recognized baselineas applicable prior to October 1973.
Accordingly, the Government of Malta mus1reserve al1its rights as wellas
those of its nationals and licenseesin the area.

The Embassy of Maita availsitself of this opportunity to renew tu the Minis-
try of Foreign Affairs of the Libyan Arab Republic the assurance of its highest
consideration.

Ministry ofForeign Affairs
of the Libyan ArabRepublic
Tripoli. DOCUMENTARY ANNEXES TO THE MEMORIAL OF LlBYA 357

Please refcr to your letter dated 13th November, 1974,requesting a Wireless
Telegraphy licence for radio equipmentT. C. Smith, 12 St. Christopher
Street, Vallctta, to communicatewith the M/V Petrol.
Please notethat areas north of the foIlowingCO-ordinatesconstitutethe conti-
nental shelfoflta overwhichthe Govemrnentof Maltahas sovereignrigh:s
(a) 34'27'0 N
13'27'4 E

(3) 34'20'3 N
13'54'3 E
(c) 34'17'2N
14'06'3 E
(d) 34' 162 N
14'16'2 E

(e) 34'14'0N
14'39'8 E
# 34'12'3N
15'02'5 E
(g) 34'11'0N

15'25'O'E
fi) 34'12'8N
15'43'0 E
(i) 34'14'8 N
16'00'0 B

) 34'19'3 N
16'37'5 E'
34'23'5 N
17'16'0 E
(1) 34'27'2 N
17'46'2 E

(m) 34'48'0N
18'04'6 E
The Government of Malta requesascategoric assurancefrom your Company
that no seismiclineshavebeenshoinany part of the above area.

(Signed M).ABEW

Secretary.
Messrs.SeismographService(Marine) Ltd.,
clo MessrsT. C. Smith
12St. Christopher Street
Valletta. COKnNEKTAL SHELF

Annex 55

[Arabie rexrno!reproduced]

LlBYANARABREPUBLIC
MlNISTRY OFPETROLEUM

The Government of the Libyan Arab Republic has leamt that your Company
is carrying out exploration activities aiming at the extrofoil in off-shore
areas in the Mediterranean, the locations of which art descnbtd by theco-
ordinates shown in the attached data. The said areas constitutc a Continental
Shelf upon whichthe Libyan Arab Republic maintains fullsovereignty.
Accordingly,the Govemment of the Libyan Arab Republic hereby demands a
îïm assurance from your Company confirming that no such exploration or
drilling activities are being canied out within the said areas. Your performance
of such activities without obtaining a prior permit or authorityfrom the Libyan
Arab RepublicshaHbeconsidered an infringementupon its rights, thus justifying
the adoption of any measures deemed necessaryto safeguard Our legitimate
rights.

{Signed) M. M.ZREGH,

Undersecretary,
Ministry of Petroleum,

Encl.:Detailed data on the locations referrcd to in this letter.

AQUITAINE

Area compriscd betweenpoints : DOCUMENTARY ANNEXESTO THE MEMORIAL OF LIBYA 359

ELF-ERAP

Area comprisedbetwecnpoints:

HISPANOlL

Areacomprisedbetweenpoints:

WINTERSHALL

Areacomprised betweepoint:360 COhmNENTAt SHELF

TEXAC0

(1) Area comprised between poin ts

34'54' latitude
14'49'longitude

(2) Area comprised between points:

(3) Area cornpnsed betweep noints: DOCUMENTARYANNEXES TO THE MEMORIAL OF LIBYA 361

.TOCOILEXPLORATION CO. INC.

(1) Areacomprisedbetweenpoints :

(2) Areacomprisedbetweenpoints

(3) Areacomprisedbetweenpoints : CONTiNENTALSHELF

CITIESSERVICE

Areacomprisedbetweenpoints:DOCUMENTARYANNEXEST0 THEMEMORlALOF LlBYA 363

Annex56

MALTES EETTE RATED17JUNE1975

[SeeMernorialofMalAnnex9, infra] CONTINENTAL SHELF

Annex57

LEITER FROM TOTAL DATED 31JULY1975

(Transcription)

Monsieur ABELA,
Chairman Oil Committee,
Ministry of Commonwealth and
Foreign Affairs,
Palazzo Parisic,
Merchants Street,
VALLEITA (Mdta)

La CFP vient de nous transmettre vos lettres du 17juin et 17juillet 1975
par lesquellesvous nous informezque la Républiquede Malte revendiquedes
droits souverains sur une partie du plateau continental méditerrsituéau

nord d'une lignedéfiniepar lescoordonnées quevous indiquezdans votre lettre
du 17juin.
En rkponse, nous avons l'honneur de vous informer que nous sommes titu-
laires d'un contrat dit <cpetroltum exploration and production shanng
contract » conclu le 13octobre 1974avec la National Oil Corporation libyenne
dûment habilitée,il cet effet,par une loi libyen23dseptembre 1974,et que
ce contrat étCratifié par uneloi promulguéepar le Conseilde la Révolutionde
laRkpubliquearabe libyenne[le]13 novembre 1974.
Cecontrat prévoitnotamment que notre Compagniedoit agir en tant qu'opé-
rateur pour le compte de laOC sur une partie du plateau continental médi-
terranéendont une portion peut effectivementchevaucher avecleszonesBrni-
téesdans votre lettre du 17juin. Leproblémeque vous soulevez releonc de
la détermination deslimites géographiquesdel'exercicepar la Républiquede
Malte et la République arabe libyenne de leurs droits souverains sur ce
plateau.
En conséquence,nous transmettons votre correspondance à la NOC ainsi
qu'aux autoritéslibyennes.

Le Président-Directeurgéntral,

(Signé) F. CASTELLANI. DOCUMENTARY ANNEXES TO THEMEMORIAL OF LIBYA 365

Annex58

Thank you for your letter of 31stJuly, 1975.
1repeat that the position of the continental shelfdelimited in my letter of the
17th June, constitutes a continental sheif upon which the RepublicMalta
maintains full sovereignrights and any exploration or drilling activitiestherein
without a licence issuedto you by the Government of the Republic of Malta,
constitutes an infringemcnof Malta's sovereignty,justifying the adoption of
measuresnecessaryto safeguardthe legitimaterightsof the Republicof Malta.
Again 1 request your Company to give the Govemment of the Rcpublic of
Malta a categoric assurance that no such exploration or drillingactivities are
being orwillbecarried outinany part of the area mentioninmy lttttr of the
17thJune, 1975.

(Signed)M. ABELA,
Chairman, Oil Cornmittee,

P.CastelianiEsq.
Chairman
Compagniedes Pétroles Total(Libye)
Avenue Ahmed Cherif
BuildingSafraki
P.O. Box 4833
Tripoli. CONTINENTAL SHELF

Annex 59

[Arnbi txt notreproduced]

SPECIAL AGREEMENT BETWEENTHE GOVERNMENT OFTHELIBYANARAB REPUBLIC
AND THE GOVERNMENT OF THEREPUBLICOF MALTAFORTHESUBMISSION TO THE
INTERNATIONA LOURTOFJUSTICE OF A IFF FER EN CE

The Government of the Libyan Arab Republic and the Government of the
Republic of Malta,
Agreetb recourse to the International Court of Justice to decidethe following

question:

Article (1)

The Court is requested to decidethe followingquestion :
What principlesand niles of international laware appIicabIeto the delimitation
of the areas of the continental shelf and the economic zone which appertain to

the Libyan Arab Republic and that of the Republic of Malta.

Article (2)

The Government of the Libyan Arab Republic and the Government of the
Republic of Malta shall carry on the necessary contacts to determine the divi-
ding line of the continental shelf and the economic zone appertaining to each of
them in accordance with the decisionof the International Court of Justice.

Article(3)
(1) The proceedingsshall consist of written hearingsand oral hearings.
(2) Without prejudict to any question of burden of proof which might arise
during the written hearingswhich consistof the follow:ng

(a) Memorials shall be submitted to the Court by the two Governrnents

- The Government of the Republic of Malta shall submit its memorial
within one year from the date of notification of the present agreement
to the Court.
- The Government of the Libyan Arab Republic shall submit its
Counter-Memorial within one year from the date of the delivery ofthe
memorial of the Government of Malta.

(b/ Replies to be dclivered and exchanged inthe same presaid manne;
within sixmonths after the deliveryof the memorialsto the Registrar.
(c) Additional written pleadings may be presenttd and exchanged within
periods fixed by the Court at the request of one of the parties or if
decided by the Court after consultation with the other Party.

(3) The order of speaking of the oral hearings shall be agreed upon by the
two parties or will be decided by the Court according to the request of either of DOCUMENTARY ANNEXES TO THE MEMORIALOF LlBYA . 367

thern. And in al1cases the order of the speaking shall not prejudiw to any
question of burden of proof which might aise or avoid the Court to take into
consideration any new concept adopted by an international conference of the
law of the sea.

Article (4)
Following the final decision of the International Court of Justice, the
Government ofthe Libyan Arab Republic and the Government of the Republic
of Malta shall enter into negotiations for concluding an agreement determining
the areas of the continental shelf and the economic zone appertaining to each of
thern in accordance with the niles and principlesadopted by the Court.

Done in on the day of
corresponding to in two originals
Englishand Arabic, Each text equally authentic.

For the Government of For the Government of
the Libyan Arab Republic the Republic of Malta. CONTINENTAL SHELF

Annex60

[Same texl aAnnex 11ofthe Mernorialof Malta, infra]

Annex61

The Embassy of Malta presents its compliments to the Ministry of Foreign
Affairs of the Libyan Arab Republic and has the honour to refer to the agree-
ment signed in Malta on the 23rd May 1976(corresponding to the 24th Jumada
El Oula 1396 H) between His ExcellencyTaha Sharif Ben Amer, Minister of
State for Revolutionary Command Council Affairs (for the Libyan Arab Re-

public) and the Honourable Wistin Abela, Minister of Developrnent (for the
Republic of Malta), concerning the submission to the International Court of
Justice of a differenceon the delimitation of the continental shelf.
As has already been communicated verbally on a number ofoccasions, the
said Agreement has duly been ratified by the Govemment of Malta, and the
relevant instrument of ratification has been with theEmbassy since last May.
The Government of Maitais anxious to proceed to the exchange of instru-
ments of ratification as provided by Article IV of the Agreement, and the
Embassy would begrateful if, in the light of the very fnendly relations existing
between the two Governments, an early date could be set for the formal
exchange of the instruments of ratification.
The Embassy of the Republic of Malta avails itself of this opportunity to
renew to the Ministry of Foreign Affairsof the Libyan Arab Republic the assur-
ancesof its highestconsideration.

The Ministry of Foreign Affairs
of the Libyan Arab Republic
Tripoli. DOCUMENTARYANNEXESTO THE MEMORIAL OF LIBYA 369

Amer 62

MESSAG EROM PRIME MINISTEM RI~FF DATED 3 DECEMBE1 R976

[See Mernorialof Malta,translationof Annex 14,infra]

Annex 63

LE~ER FROM MAJOR JALLOU DDATED15DECEMBE 1976

[Arabic rexinot reproduced]

(UnofficcialTranslation)

LETTERSEKTBYMAJOR ABDUSSALAMJALLOUD,PRIME MINISTER
OFTHELIBYANARABREPUBLIC,TO THEHON.DOM MINTOFF,
PRIMEMINISTEROF MALTA,ON 15DECEMBER 1976

1have seen your letter dated 3rd December 1976addressed to Brothtr Colo-
nel Muammar Algaddafi,Chairrnan of the Revolution Command Council.
No doubt that you know the efforts which have been rendered by the Libyan

Arab Republic inrder to promote the CO-operationwith the friendly Republic
of Malta in various fieldsincluding assistanceto the Malteseeconomy.
When the subject of dividing of the continental shelf and the economic zone
between the two countries was raised, both ofnd that isnot an easy
subject and it cannot be settled quickly because the international laws in this
regard did not establish fixed basis yet. An indication of this is that the Con-
ferenceon the Lawof the Seais on the wayto put down an international conven-
tion and has not reachefinatext for the same which would affectthis sub-
ject to a largeextent.
No doubt, accordingly, that you share with me the opinion that the
interest of Our two friendIy peoples not to take a hasty unilateral decision.
Instructions have been issued to the appropriate experts in the Libyan Arab

Republic to give priority to this subject in their researches and studies in order
to reach a definite opinion in the nearest time. Such studics would, naturally,
indude the agreementsignedlast May which youreferredto in your Ictter. CONTINENTAL SHELF

Annex 64

EXTRACT FSOMTHEMINUTESOFA MEETIN GELD
ON 16OCTOBE1R 979

EXTRACCSFROMTHEACREËDMINUTES OFTHE MEETING
BETWEEN MAJORJALLOUDAND H.EMt.DOM MINTOFF,
PREMIEROF MALTA,OCTOBER 16,1979

"His ExcellencyMr. Dom Mintoff, the Prime Minister of Malta, visited the
Socialist People'sLibyan Arab Jamahiriya on the 16thof October 1979.He met
Major Abdussalam Jalloud, Eng. Abdulmajid Elgaoud, the Liaison Secretary,

and Edgar Mizzi,the Attorney Gcneral, attendedthe meeting.
Major Jalloud welcomed the Prime Minister. of Maita in the Socialist
People'sLibyan Arab Jamahiriya and expressedhis hope that this visit would
contribute to the consolidation of the current CO-operationbetweenthe Socialist
PeopIt'sLibyan Arab Jamahiriya and Malta.
Major Jalloud asked Mr. Mintoff to go through the subjects that he would
like to discuss.
Mr. Mintoff said he had thefollowingpoints for discussion:

Finally, Mr. Mintoff spoke about the line separating the continental shelves
of the two countries. Mr. Mintoff said that the background and the develop-
ments of this problem are known to the SocialistPeople'sLibyan Arab Jarnahi-
riya and that Malta has now a new proposal. This proposal suggests setting
aside a margin ten miles wide(îïve miles from each side) to be exploited by
neither party. The area extending from the border of this margin to the coast
could of course beexploited.

Major Jalloudthen answeredthe MaltesePrime Ministcr.The following were
hisstatements:

6. The Socialist People's Libyan Arab Jamahiriya did not agrtc with the
Maltese proposal for the division of the continental shelf. They propose to
reconsider the agreement of May 1976 which had not been ratifitd by the
People'sCongresses.Arrangements would bemade for its rc-submissionto the
Congressa duringthe comingsessionif Maita acceptsthe followingamcndme:ts

ArticleOne: To delete the last four iincsin the Englishtcxt.
Article Two: Malta plcdgts 10 be the first to submit her papcrs and docu-
ments because she is the party which favours taking the case to the Court. The DOCUMENTARYANNEXESTO THE MEMORIAL OF LlBYA 37 1

Socialist People'sLibyanArab Jamahiriyawill not present herpapersbefore
havingseenthe Mdtese papers subrnittto the Court.

Aftera lengthydiscussionit was agreed thatexpertsof thetwo countries
should meet at thebeginningof Novemberto outline aproposaltakinginto
considerationthe interestof bothsides." CONTINENTAL SHELF

Annex 65

MALTES NEOTEVERBAL DEATED21 NOVEMBE 19R79

[See MernorialofMalra, Annex 17,infra]

Annex66

[Arabietexinot reproduced]

The Secretariat of the Socialist People's LibyanArab Jamahiriya presents its
compliments to the esteemed Embassyof the Republic of Malta and requests to
inform the followingto the Malta Government.
The competent Authorities in the Socialist People's LibyanArab Jamahiriya
have corne to know about the granting by the Malta Government of contracts
for exploration and exploitation of oilin areas fallingunder Libyan sovereignty
on the continental shelf.
The Socialist People'sLibyan Arab Jamahiriya whilst strongly denouncing
the Maltese action which affectsareas falling undisputedly under Libyan sove-
reignty and whilst reserving its full nghts in accordance with international law,
would confirm the followingpoint:

1. The areas for which above contracts were concluded are situated on the
continental shelfof the Jamahiriya in accordance with internationallaw and
custom.
2. The Jamahiriya, whilst strongly denouncing the violation by the Malta
Governrnent of its firm rights, declares its non-recognition of any activities,
contracts and assignments, previous or forthcoming which would affectits
sovereignty.
3. The contents of the contracts concluded by the Malta Government contra-
dict in form and in substance the friendly goals which wereembodied by the
previous andpresent endeavours and contracts betweenthe two countries.
4. The Socialist People's Libyan Arab Jamahiriya insistently invitesthe Malta
Government to avoid any measures and eliminate any act which would
affect the fritndly relations betweenthe two countries.

The Secretariat of theocialist People'sLibyan Arab Jamahiriya avails itself
of this opportunity to renew to the Embassy of the Republic of Maita the assu-
rances of its highestconsideration.

Tothe esteemed Embassyof the Republic of Malta-Tripoli.
, DOCUMEKTARY ANNEXESTO THE MEMORIALOF LlBYA

Amex 67

MALTESN EOTE VERBALD EATED 21 MAY 1980

[SeeMernorial ofMalta,Annex 19, infra]

Annex68

[Arabic iexinotreproduced]

ni MANAGER OFTEXACOOILCOMPANY

The Secretariat oOilof the SociaEst People'sLibyan Arab Jamahiriya has
Icarned that a drilling rig belongs to your Compahasarrived in the terri-

tonal waters of the Socialist People'sLibyan Arab Jamahiriya with a view to
start drilling operations in this area which is subject to the jurisdiction and
sovereignty of the Jamahiriya. The performance of such operations by your
Companywithout prior Licencefrom the competent authonties in theJamahiriya
will render itiable to penalties in accordance with pnnciples of international
Iawand intemal lawsand regulationsof the Jarnahiriya.
We hereby warn you that your company should immediately refrain from
performing any drilling opcrations, withdrawnghand leave the area, other-
wise the Jamahiriya is obliged to prevent your company from doing so by al1
means including force on the ground that what is beingdone by your company
isa hostile action against a sovereign State. The Jamahiriya has the legitimate
right to prevent it and remove its effects by al1means in accordance with the
provisions ofinternational law.

(Signed) Abdussalam M. ZAGAR,

SecretaryofOil. CONTINEKTAL SHELF

Annex69

TELEX FROM SAIPEM DATED 21AUGUS1 T980

FoIIowingyour meetingheld withthe MinisofyPetroleumconcernindrilling
activity with our "Saipem Due" you are kindly requested to personally forward
to the Secretary of Mr.,Abdussalam M. Zagar followingmessage:

Through the Manager of our Saipem Due Platform wereceivedyour commu-
nication affirming that the dnlling operations we are performing with the Sai-
pem Due on accountof Texaco Malta are in areas under the jurisdiction and
sovereigntof the Jamahiriya.
Wc have immediately informed Texaco Malta of the communication received
and meanwhile we have ordered the suspension of normal driHing operations
and beginning of works necessaryto put the well insafeconditions.
We have also receivedthe copy of the Texaco reply to your notice in which it
appearsthe possibilitythat a misunderstanding hasoccurred.
We are proceeding with the operations for putting the well in safety condi-
tions hoping that in the meantirne the possible misunderstanding will be
clarifiedana satisfactory situation be found. DOCUMENTARYANNEXESTO THE MEMORIAL OF LlBYA

Annex70

LElTER DATED 1 SEPTEMBER 1980 FROM THE PERMANENTREPRESENTATIVE OF

MALTA TO THE UNITED NATIONS ADDRESSEDTOTHE PRESIDENTOF THESECURITY
COUNCIL

In accordance with Articl35of the Charter of the United Nations, 1have the
honour to request an urgent meeting of the Security Council, in vicw of an

illegalaction taken by the Libyan Govcmment which also constitutes a threat to
regional and international peace.
As far back as23 May 1976,after protracted negotiations, the Libyan and
Maltese Governments signed an agreement to submit the question of delimita-
tion of the continental shelfarea between the two countries to the International
Court of Justice.
In April this year, at the highest level, it was reaffirmed to the Maltese
Government that the Libyan People's Congress would by June 1980ratify the
1976Agreement.
This ratification was not implementedby the Libyan authorities as promised.
In the circurnstances,the Malta Government could no Iongerpostpone drill-

ing operations, but prudently advised the concessionairesto refrain from drilling
ina band 15miles widenorth of the median line betweenthe two countries. The
Malta Government received no written objection from the Libyan Government
following Malta's notification on 21 November 1979 of its intention to com-
mencednlling operations.
On 20 August 1980, without any word to the Maltese Government, and
without explanation, Libyanwarships surrounded the oil rig, ordered the ltalian
Captain to terminate drillingoperations, threatening him otherwisewith the use
of force. The representative of the drillingCompanyresident in Tripoli, a person
of ltalian nationality, was arrested and threatened with dire consequences unless

drilling operations wereto cease.
The ng was flying an ltalian flag. The Company under licence is Ameri-
can. The crew of the rig consisted of various nationalities, principally Maltese,
' American, Itaiian and German.
The incident is therefore potentiaily serious, with wide-ranginginternational
implications. The Maltese Government refrained from responding to the use of
force, but istaking action to dcfend its legitimateinterests.
Malta is acting in accordance with the pnnciples of international law. From
her action Libya isdetermined to avoid recourse to Iegalprocedures and to rely
on the use force.
In view of the potential danger to peace and security in the region the Secu-

rity Council is urgently requested ask Libya to desist from rnaking further
provocative threats and from taking any menacingactions.
1would be prepared to providt further details of the illegal,unwarranted and
provocative action taken by the Libyan Government as soon as the Security
Council meeting isconvened.376 CONTiNENTAL SHELF

1have the honourto requesas a firststep,thatthislttttr bt urgentlyissued
as a SecurityCouncildocument.

(Signed)V.J. GAUCI,

PermanentRepresentative
of Maltato the UnitedNations. DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA

Annex71

LElTER DATED 3SEPTEMBER 1980FROM THEDEPUN PERMANENTREPRESENTA-
TlVE OF THELIBYANARABJAMAHIRIYA TO THE UNlTED NATiONSADDRESSED TO
THE PRESIDENT OF THESECURITYCOUNCIL

With reference to the letter dated 1 September 1980, from the Permanent
Representativeof Malta to the United Nations, addressedto the President of the
Security Council (SI14140),I have the honour to bring to your kind attention
that, in response to the Maltese claim, the Libyan Arab Jamahiriya views the
Maltese-Libyandispute overthe continental shelfs a bilateral issuethat can be
settledthrough negotiationsand direct communicationbetweenthe two countries.
The continental shelf issuestill remains the subject of negotiation between
both sides. An agreementhasbeeninitiated to deal with this issueby submitting
it to the International Court of Justice. finalprocedures concerning imple-
mentation of that agreement havenot been completed. The agreement has been
submitted to the Popular Congresses in the Jamahiriya. The Congress made

severalrernarks that wereconveyedto the Maltese Government for its comment
in order that the necessary measures for ratification can be completed and
consequently submitted to the International Court of Justice. Accordingly,the
oil drilling operations in the disputed region should not havetaken place before
the International Court of Justiceas issued its resolution. But unexpectedly,
Malta camed out explorations and drilling operations within the aforemen-
tioned region. Nevertheless,the Libyan Arab Jamahiriya affirms that it has not
taken, on its part, any measure that could disturb peace and secunty in the
region. It also confirms that the issue of the continental shelf betweenthe two
countnes willbe submitted to the International Court of Justice. Consequently,
there is noecessitythat callsfor the conveningof the Security Council.
Furthemore, this issueissecondary in significancewhencompared to the size
and scope of the positive relationsbetweenthe two countnes, whichthemahi-
riya anxiously desires to continue. The strong relationship showstfirough the

various bilateral agreements betweenthe two friendly nations, in the various
fields of CO-operationaimed at the consolidation of the friendship bonds and
good neighbourlinesswith the Republic of Malta.
The Libyan Arab Jamahiriya remains confident that the genuine histonc,
social and economic bonds with Malta are strong enough to help overcomethe
issueof the continental shelf.
1 have the honour to inform also that the Chairman of the Non-aligned
Movement has initiated efforts and sent two envoysto both countries to seek
their point of viewsandfind apeaceful settlement for the dispute. The Libyan
Arab Jarnahiriya welcomesthe said initiative and hopes that a chance be given
toit and to its results.
1have the honour to request that this letter be issasda Security Council
document.

(Signed) Mr. Awad S. BURWIN,
DeputyRepresentative
of the LibyanArab Jamahiriya to the United Nations. CONTINENTALSHELF

Annex72

UNITED NATIONSSECURITC YOUNCID LOCUMEN STI14256,13 NOVEMBE 19R80

REPORTBY THE SECRETARY-GENERAL ON THE MISSIONOF HIS SPECIALREPRE-
SENTATIVETOMALTAANDTHELIBYANARABJAMAHIRIYA

1. In a letter dated 17October 198(SI14228)addressed ta the President of
the Security Council, the Secretary-General recalled that the Security Council
was seized of a complaint by Malta against the Libyan Arab Jamahiriya and
that the Council had held a meeting on the question on 4 September 1980.
Following that meeting, the Secretary-General had held consultations with the

parties and had decided, with their agreement and in order further to assist in
the search foa mutually acceptablesolution, to send a special representative to
discuss the issues at hand with the two Governments. In a letter dated 22 Oc-
tober 1980(S/ 14229),the Presidentofthe Security Council informed the Sec-
retary-Generd that his letthad been brought to the attention of the mernbers
of the Council and that they had agreed withthe Secretary-Generai'sproposd.
2. The present report hasbeen prepared on the basis of the consultations held
in Malta and the Libyan Arab Jamahiriya from 29 October to 2 November
1980,by Mr. Diego Cordovez, who was designated by the Secretary-General as
his Special Representative.
3. The reason underlying the dispute between Malta and the Libyan Arab
Jamahiriya is that there isno agreed delimitation of the continental shelf
between the two countries. The matter has been under discussion since 1972.
Having failed to reconcile their legal positions, the two Governments, on 23
May 1976,signed a SpecialAgreement to submit the matter to the International
Court of Justice. Malta rests its case for commencing off-shoreexploratory dril-
ling operations, an action which led to the incid20tAugust1980,upon the
contention that the Libyan Arab Jamahiriya has so far failed, without justifica-
tion, to ratify the 1976 Agreement. The Libyan Arab Jamahiriya does not
accept unilateral responsibilityfor the delay in ratification.
4. A review of the events and documentary records over the last four years

indicates that the Agreement signed by the parties in 1976wasfoliowed by a
series of complex negotiations. Indeed,the contents and terrns of the Agreement
were periodically subject to further discussion and negotiation, at times in the
context of other aspects of the relations between Malta and the Libyan Arab
Jamahiriya. Modifications in the text of the Agreement were discussed as
recently as November 1979.The exchanges between the two Governments on
the issue, and the circumstances surrounding some of those exchanges, led to a
gradua1 deterioration in the relations between Malta and the Libyan Arab
Jamahiriya. The drilling incident of 20 August exacerbated the situation;
Libyan personnel were expelledfrom Maita, and several lines of CO-operation
and assistance weresubstantiaily curtailed.
5. The Secretary-General consequently concluded that the early ratification
of the 1976Agreement would be an essential first step towards an easing of
tentions between the two countries. That view was conveyed to the two
Governments. The Secretary-General is now in a position to report to the Secu-
rity Council that the Libyan Arab Jamahiriya has undertaken unconditionally DOCUMENTARY ANNEXES TO THE MEMORIAL OF LIBYA 379

to submit the original text of the Agreement to the Popular Congresses for
ratification during their current session, which isscheduled to conclude on .

22November, witha viewto exchanging theinstrumentsof ratification andform-
ulating the joint notification to the Registrar of the International Court of Jus-
tice, as provided for in Article IVof the Agreement, during the first two weeks
of December 1980. The Secretary-Cieneralis prepared to assist the parties in
carrying out the relevant formalities should theyso request.
6. Malta has confirmed that it had accepted an implicit understanding, when
the Agreement was signed in 1976,that it would not begin drilling operations
until the Court had reached adecision and an agreement on delimitation had
been concluded in accordance with Article III of the Agreement. Malta con-
sidered that since the Libyan Arab Jamahiriya had failed to ratify the Agree-
ment, it was legally entitled to commence drillingopcrations. The efforts aimed
at the production of oil wereconsidered by Malta to be a vital economic neces-
sity and an integral part of its evolving policyof neutrality and non-alignment.
The financiai lossesderiving from Malta's decision to close in 1979the military
bases maintained by the United Kingdom for many years would consequently
have been offset. In the circumstances, Malta wished to enter into negotiations
with the Libyan Arab Jamahiriya whereby drilling operations inthe disputed
area, penaing the decision of the Court, would be discussed. It wished such
discussions to be conducted, not in the legal context of delimitation issues but
within the framework of the traditional CO-operationand understanding be-
tween the two countries. Malta haspledged to hand over any pan of the conti-
nental shelf whichthe Court might decide does not belong to it.
7. The Libyan Arab Jamahiriya rejectsany legaljustification of Maltais deci-
sion to commencedrilling operations, if only becausas indicated above, it does
not accept unilatcral rcsponsibility for non-ratification of the 1976Agreement.

The Libyan Arab Jamahiriya considers that drilling operations in the disputed
area would prejudicethe delimitation case. It contends that intenm drilling opcr-
ations cannot even be considered as falling within the category of "provisional
arrangements" envisaged in Article 83 of the informa1text on the law of the sea
(AICONF.62/ WP.101Rev.3). Accordingly, it holds the view that a discussion
on interim drillingoperations could, in itself,compromise its legal position.
8. The Secretary-General has conveyed the position of the Libyan Arab
Jamahiriya on the subject of interim drilling operations to the Government of
Malta. In so doing, he has expressed his confidence that the submission of the
delimitation case to the International Court of Justice next month will bring
about an improvement of relations between the two countries. The Secretary-
General notes that both parties have expressedthe hope that further progress in
the deliberations of the United Nations Conference on the Law of the Sea will
also contribute toagreater clarification of the issues involvcd.The Libyan Arab
Jamahiriya has reittrated that it supports Malta's policy of neutrality and non-
alignment, and that it stands ready to continue and strengthen relations of
friendship and CO-operationwith Malta as in the past. Malta has informed the
Secretary-General that it would expect, in that context, to work out an ar-
rangement with the Libyan Arab Jamahiriya which, as an expression of good-
will,wouldenable Malta to concludethe one drillingoperation whichwassuspen-
ded on 20 August 1980.
9.The Secretary-General trusts that the steps taken to clarify the issues and
lay the foundations of a peaceful solution outlined in the present report will
enable the two parties to look towards the future in a spirit of renewed co-
operation and mutual understanding.380 CONTINENTAL SHELF

Annex73

The Popular Officeof the Socialist People's LibyanArab Jamahiriya presents
its complimentsto the Ministryof Foreign Affairs andasthe honour to inform
of the following.
As you are aware, the Leader of the Great 1st September Revolution, Colo-
nel Mu'Armar Gaddaiï suggested in the beginning of Septembcr 1980to the
Peoples' Congresses, the importance of the ratification of the continental
shtlftreatybetweenMalta and Libya.
You know also that Staff Major Abdussalam Ahmed Jalloud in the begin-
ning of October, 1980,had informed Mr. D. Cordovez, the envoy of the United
Nations Secretary-General, that the agreement between Libya and Malta
concerning the continental shelf willbe submitted to the Peoples' Congressesin
its final Sessionbythe end of 1980to look at the question of its ratification.
While the Popular Office of the Socialist People'sLibyan Arab Jamahiriya
conveys officiallyto your esteemed Ministrythat the basic Peoples' Congresses
have ratified the Treaty to be transferred to thc International Court of Justice ai
The Hague, wewould liketo inform youthat the comingstep is to exchange the
Documents of Ratification between the two Countries, thus the necessarypro-
cedures willbe taken to transfer the dispute to the International Court of Jus-
tice. Therefore, the People's Foreign Liaison Bureau (Tripoli) readynow to
exchange the above-mentioned documents either in Valletta, the capital of the
Republic of Malta, or in Tripoli, the capital of the Libyan Jamahiriya, accor-
ding to international traditions betweencountries.

In the meantime, the People's Foreign Liaison Bureauis ready to receive a
Maltesedelegation in Tripoli or to send a Libyan delegation to Valletta to fina-
lizethe exchange of these documents ai a convtnient time.
The Libyan Popular Office, as usual, avails itself of this opportunity which
has put an end to the disputebetweenthe two countries. DOCUMENTARY ANNEXES TO THE MEMORlAL OF LIBYA

Annex74

PAGE6 SAND7 OFUNlTED NATIONS SECURITC YOUNCI DLOCUMEN S/PV2294,
30JULY 1981

7he Secretary-General:After the submission 1st November of my report to
the Secunty Council on the mission of my representative to Mdta and to the
Libyan Arab Jamahiriya, contained in document SI14256,on 14January of this
year 1receivtd a letter from the Chargk d'affairesof Libya, containcd in docu-
ment S/ 14331,informing me that the Basic People'sCongresseshad decided to
ratify the special agreement signcd by the two parties in 1976and to submit the
delimitation case to the International Court of Justice, provided that no drilling
in the disputed area was alloweduntil the Court had reachedits decision.
Since that time my rcpresentativt and 1 have rnaintained close contact with
both parties with a view to assisting them in finalizing the exchange of instru-
ments of ratification and the joint notification to the Court as provided for in
the spcciaiagmment.
In late March, following my representative's suggestions,a delegation from
Libya visited Malta for the purpose of concluding those formalities. Discussions
betweenthe parties wcrt held, but they wtre inconclusiveand subsequent efforts
to concludcthe pending formaiitics have not so far borne fruit.
Malta has taken the position that the presence in the instrument of ratifica-
tion presented by Libya of what it considers to be implicit conditions regarding
the question of dnlling is unacceptable. Libya for its part has stated that its
instrument of ratification, while refemng to the People's Congresasthe
highcst authonty which is competent to ratify international agreements, does
not contain any conditions or any additions or amendments to the special

agreement.
A number of communications addressed by the two parties in this connection
to the President of the Security Council or to myself have been circulated as
documents of the Council. ln a letter addressed to me 2nJuly the Chargé
d'affairesof Maita reiterated his Government'sposition that the instruments of
ratification could not contain any conditions and requested me to ascertain
whethcr Libya wouldbe prepared to givean assuranceto that effect.On that oc-
casion, however,Malta alsostated that the question of whether either sidewould
drill in the disputed areas while thewasspending before the Court was a
separate legal issue on which the two parties were entitled to have and even
express differentviews.
1 immediately conveyed this information to the Libyan side and also urged
the parties to try again to overcome the obstacles and to conclude the formali-
ties. My reprcsentative suggested to the parties that, on the basis of Malta's
statement on the question of dnlling, procedural ways and means could be
found to overcomethe difficultiesthat hadarisen.
In a letter addressed to my representati15July Libya reiterated its posi-
tion on the pending questions,expressedthe viewthat the existing obstacles were
essentially procedural and further expressed its readiness to send a special
envoy to MaIta with a view to eliminating those obstacles and facilitating exis-
ting efforts. That message was immediately conveyed to Malta. The Govern-
ment of Malta accepted the visit of a special envoy in a letter dated 17 July
1981.382 CONnNENTALSHELF

1was informed that, following those cxchanges, a special envoy of Libya was

scheduled to visit Maita on 19July. Certain misunderstandings apparently en-
sucd concerning the actual intentions behind the meeting. Malta then reques-
ted the convening of a meeting of the Stcurity Council and that request is
contained indocument SI 14595.
In the meantime I renewed rny appeal10 the parties to give the consultations
a chance, and a delegation from Libya amved in Malta on 23 July. 1 was in-
forrned that the special envoy of Libya and the Foreign Secretary of Maita held
meetingson 27 and 28 July. On28 July the Chargéd'affaires ofMaita inforrned
my representative that the meeting had been inconclusiveand that the Libyan
special envoyhad returned to Tripoli. The Libyan Chargéd'affairessaid that at
the meeting the parties had considered various alternatives for resolving the
pending issues.He added that the special envoy had returned to Tripoli for the
purpose of holding consultations and that he intended to return to Malta for
further discussions.
1shall not fail to continue to follow the situation carefullyand shall remain in
contact with the parties. 1trust that the two sides will make renewedefforts in
order to overcomethe existing difficulties.
77tePreside (nterpretationfrom French): The tïrst speakeon mylist is the
representative of Malta on whom 1now call. DOCUMENTARYANNEXESTO THE MEMORIALOF LIBYA

Annex 75

UNITE D ATIONS SECURITC YOUNCID LOCUMENT1 S/786,9DECEMBE1 R981

NOTEBYTHESECRETARY-GENERAL

In a letter dated 8 December 1981(SI14782),the Permanent Representative
of Maltamade a number of references to the reporofthe SpeciaRepresenta-
tive of the Secretary-General, which the Secretary-General submitted to the
President of the Security Councilunder cover of a letter dated 1December 1981.
In viewof the fact that the Permanent Representative of Malta has requested
circulation of this letter as a Security Counciï document, the Sccretary-General

is making available, with the concurrence of the President of the Council, the
report ofhis SpeciaiRepresentative inthe sarnemanner.

Annex .

REPORT OFTHESPEClALREPRESENTATlVE OFTHESECRETARY-GENERAO LNTHE
DISPUTE BETWEEN MALTA AND THELIBYAN ARABJAMAHIRIYA

1. The members of the Security Council will recall that the dispute between
the Republic of Malta and the Socialist People'sArab Jamahiriya dcrives from
the absence of delimitation of the continental shetf between the two countries.

The questionhas been undtr discussion since 1972,and in May 1976the parties
signed a Special Agreement to submit the case to the International Court of
Justice. Malta ratifiecithe Special Agreementshortly thereafter. Libya didnot do
so, but has pointed out in this connection that, after theAgreement was
signed, the parties held furthcr negotiations on matters concerning the Agree-
ment and the dispute, includingthe drilling issue.
2. During my visit to Tripoli in November 1980, Libya undtrtook uncondi-
tionally to submit the Special Agreementto the Popular Congressesfor ratifica-
tion during the session whichwas then in progress "with a view to exchanging
the instruments of ratification and forrnulating the joint notification to the
Registrar of the International Court ofJustice, as provided for in Article IV of
the Agreement, during the first two weeks of December 1980" (see S/ 14256,
para. 5).
3. In view of the fact that questions have beensubsequently raised regarding
the nature ofthat undertaking, Libya has underlined on stveral occasions that
the commitment it gave was to submit without conditions the Special Agree-
ment to the Popular Congresses, which alone have the constitutional authority
to ratify it. Libya has stated that that undertaking was in fact 'honoured. It
informed me that, followingconsideration of the matter, which took longer than

. originally envisaged, the Popular Congresses decided on 4 January 1981 to
ratify the Special Agreement. The actual text ofthe decision, whichwas recently
transmitted to me, reaasfollows:
"The Basic People's Congresses hereby decide to ratify the Special
Agreement between the Socialist People'sLibyan Arab Jamahiriya and the384 CONTINENTAL SHELF

Republic of Malta for the submission of the dispute concerning the conti-
nental shelf to the International Court of Justice, provided that drilling in
the disputed arca shali not be permitted until after the International Court
of Justice concludes its exarninationof the case."

4. Libya has stressed that this decision is in line with its consistent position
on that issue. 1was informed that its executive authorities accordingly prepared
the instrument of ratification, which, in its approved translation, reads as
follows:
"1, Abdulati El-Obeidi, Secretary of the People's Committee of the
People'sBureau for Foreign Liaison .. .,
In accordance with the tesolutions and recornmendations of the People's
Congresses, . . .hereby theyapproved the Agreement. . .,
Do hereby proclaim the ratification by the Socialist People's Libyan
Arab Jamahiriya of the above-mentioned Agreement."

5. Malta formally objected to Libya's instrument of ratification on the
grounds that it contains an implicit condition to ratification and requested that
the reference to the decision of the People'sCongresses be deleted. It also pro-
posed that the exchange of ratifications and the joint notification to the Interna-
tional Court of Justice be concfuded sirnultaneouslyso that the necessaryforma-
lities could be completed without further delay. Malta has repeatedly said that
the delay in the submission ofthe delimitation case to the Court has caused it
serious economic and financial difficultiesand made more imperative its need to
explore offshoreoil resources.
6. Libya has stated that the forrn of its instrument of ratification, including
the referenceto the source of authority for such action, is legallycorrect, consis-
tent with both common international practice and the constitutional procedures
of Libya, and is, in any event, a purely interna1 matler for Libya to decide.
Libya did point out, in a note verbale addressed to the Government of Malta on
24 March 1981,that its instrument of ratification does not contain any additions
or amendments to the Special Agreement. It has expressed the view in this
connection that what Malta regards asa condition regarding drillingis inherent
to the nature of the dispute and consistent with the spirit and content of the
Special Agreement whether or not it is stated as a condition. As regards the
procedure for concluding the formalities, Libya took the position that the
exchange of ratifications and joint notification to the Court are separate legai
procedures to be taken step by step by different authorities in Libya. Libya has
consistently rejected the charge that it was responsible for the delay in subrnit-
ting the matter to the Court, and reiterated that it was prepared to meet with
Malta at any time to exchangeratifications.
7. The positions of the parties-as summarized above-were expressed in
the context of the efforts that the Secretary-General and 1made, following the
ratification of the Special Agreement by Libya, to assis1them in the conclusion
of the formalities required for the submission of the delimitation case to the
International Court of Justice. At rnysuggestion two meetings were held bythe
parties forthat purpose in Valletta,in March and in July of this year, both of
which proved inconclusive. Malta then made a further apped to the Security
Council, at which time the Council, on the basis of informal consultations,
requested that the Secretary-General's SpecialRepresentative should "once
again get in touch with the two Governments in the manner he deerns most
appropriate, with a viewto assistingthem find a mutually acceptable solutionat
an early date".
8. The first steps taken in pursuance of that request were outlined in the DOCUMENTARYANNEXES TO THE MEMORlAL OF LlBYA 385

Secretary-General'sletter to the President of the Security Council of 30 October
1981.Since that date further intensive consultations were held with the parties,
followedby a proposal that 1should travel to Tripoli and Valletta from 21 to 25
November and that a third meeting be held by the parties in Valletta with the
participation of the Special Representative of the Secretary-General,was sub-
sequently informed that it was not possible for the Libyan authorities to receive
me on those dates but that 1would be welcomedin early December. Libya has
expressed its readiness to hold the proposed meeting in Valletta. The Govern-
ment of Malta, while expressing the view that the propostd visit would not
produce the dcsired results because it was convinced that Libya would not
modify its position, agreed to my visit. It asserted that a meeting of the parties
should be held only if Libya notified me of its intention to modify its instrument
of ratification. Malta formally requested tha1conclude my consultations with
the parties before the end of November.
' 9. Al1the discussions so far held with the parties have proved beyond doubt
that the crux of the problem that has prevented them from moving forward to
conclude the formaiities for the submission of the matter to the Court is the lack
of agreement on the rightof either party to drill in the disputed area pending a

decision of the Court. My efforts in the latest phase were accordingly focusedon
the development of arrangements designedto enable the parties to overcome the
obstacle which had arisen when Libya'sinstrument of ratification was commu-
nicated to Malta.
10. It may be noted, in that context, that on 2 July 1981,having reiterated
that the instruments of ratification should not contain any condition, Mdta had
stated that the question whether either side could drill in the disputed areas
whilethe case was pending before the Court was a separaie legal issueon which
the two parties were entitled to have-and even exprcss4ifferent views. The
Secretary-General brought that statement to the attention of the Security Coun-
cil, and expressed the riew that, on that basis, it might be possible to find pro-
cedural ways and means to settle the issue.
Il. Sustained attempts have been made to develop such procedural arrange-
ments, including a suggestion which wouldhave enabled the parties to place on
record their respective legalpositions on the question odrilling in conjunction
with, but not as a part of, the exchange of ratifications. It is evident that both .
sides are reluctant to take any step which might havethe effect of prejudicing
their respective positions on the broader question of the delimitation of the

continental shelf.The considerations invoked by the parties involve complex
questions of legaldoctrine which at this very moment are the subject of interna-
tional efforts towards ducidation and codification. The basic positions of the
parties have remained parallel and unchanged.
12. Throughout the consultations Libya stresstd that the frequcncy and pro-
vocative character of the public communications addressed by Malta to the
Security Council were not conducive to the atmospherc of goodwill required to
facilitate the settlement of the outstanding issue. Maita, recalling the incident
which took place on 20 August 1980,emphasized that it felt threatened with the
use of force, a threat which in its viewput in danger the ptace and security not
only of Malta but of the entire region.
13. While the clarifications which have been obtained confirm the divergent
positions of the partiesas to the question of drilling in the disputed area, they
do not indicate any dcparture by either party from its intention formally to
submit the dispute over the delimitation of the continental shelf to the Interna-
tional Court of Justice. It no longeappears possible, however,to overcomethe
specificproblem that has arisen on the basis of mere procedural arrangements:386 CONTINENTAL SHELF

Malta has made it abundantly clear that it cannot proceed to the exchange of
ratifications aslongas,in its view, Libya'sinstrument contains a reference to a
condition regarding drilling, no matterhow implicit or indirect that reference
may be. Libya has statcd with equal clarity that it cannot agreeto amend its
instrument of ratification.
14. In the circumstances, one possible course of action that the parties might
wish to consider in order to settle the question of interim drilling in disputed
areas would be to request theCourt i, conjunction with thesubmission of the
delimitation case, to indicatas a mattcr of priority under the terms of Article
41 of its Statute, "any provisionai measures which ought to be taken to preserve

the respective rights of either party". This would avoid further delays in the
efforts to settle the dispute. At the same time, by submitting the issue of intenm
drilling to the highest judicial organ of the United Nations, to which the parties
have agreedto entrust the larger question of the delimitation of their continental
shclf, they would ensurt that their legal positions wiilbe consistently safe-
guarded until the disputisdefinitivelyresolved. DOCUMENTARYANNEXESTO THE MEMORIALOF LIBYA

Annex76

[Arabictext nor reproduced]

PROC~S-VERBALCONCERNlNGTHEREGISTRATIONWlTHTHESECRETARIATOFTHE
UNITEDNATIONSOFTHE SPECIALAGREEMENTBETWEENTHESOCLALISTPEOPLE3
LIBYANARABJAMAHlRlYAAND THEREPUBLICOF MALTAFORTHESUBMlSSlON TO
THE INTERNATIONALCOURTOF JUSTICE OF DIFFERENCEAND THE NOTIFICATION
OF THE SAlD AGREEMENTTOTHE REGISTRAROF THE IhTERNATIONAL COURTOF
JUSTICE

On 25 Jumadi al-Ula 1391P.D. corresponding to 20th March 1982,in Val-
letta, Mr. Abdulati Ibrahim el-Obeidi, Secretary of the Popular Cornmittee of
the Popular Bureau for Foreign Liaison inthe Socialist People'sLibyan Arab

Jamahiriya, and Dr.lexSceberrasTngona, Ministerfor Foreign Affairs of the
Republicof Malta, agreed as follo:s
(a) The Special Agreementbetweenthe two countries for the submissionto the
International Court of Justice of Difference signed in Valletta on 24
Jumadi al-Ula 1396H corresponding to 23rd May 1976 willbe registered

with theSecretariat of the United Nations through their respective missions
in New York, according to Article 102of the Charter, within a rnonth of
the date of signature of this Procès-Verbale; and
(b/ The joint notification of same Agreement to the Registrar of the Interna-
tional Court of Justice will be effectedjointly by their respectiveagents in
accordance withArticle IV of that Agreement on6 Shawal 139P.D .or-
responding to July 26, 1982, in the terms of the draft joint notification
attached to this Procés-Verbale.

In confirmation t? the above, both sides signed this Procés-Verbale intwo
originals in the Arabic and English Languages, both texts being equally
authentic.

(Signed) Abdulati IBRAHI ML-OBEIDI, (Signed) AlexSCEBERRT ARSIGONA,

Secretaryof People'sCornmittee Ministerof ForeignAffairs
of the Popular Bureaufor of the Republicof Malta.
Foreign Liaison. CONTINENTA LHELF

Annex77

SPECIAALGREEMEN NSTHENORTHSU CASES

[SeeNorthSeaCasesI.C.J.Repor1969pp. 6 and 71

Annex78

SPEC~AALGREEMEN ITTHEANGLO-FRENC AHRBITRATION

[Norreproducedf

SPECIAALGREEMEN ITTHE TUNSIAILIBYAASE;(a)ENGL~SVHERSIOPNRO-
VlDEDBY LIBY; (bTRANSLATI ONTHE REGISTROFTHE FRENCH VERSION
PROVIDE DYTUNISIA

[SeeI.C.JPleadings, ContinentalShelf (TunisiaArabyJamahiriya),
.Vol. I, pp. 26-27, and ContiShel(Tunisia/LibyanArab Jamahiriya),
I.C.JReports198pp.21-22]

Annex80

TRUMAN PROCLAMAT~ NOO.266OF28 SEPTEMBE 1945

[Noi reproduced] DûCUMENiARANNEXE SOTHEMEMORIA OFLIBYA 389

Amex 81

1958CONVENTIOONTHECONTINENTSHLELF

[Norreproduced]

Annex82

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[Noreproduced]

Annex83

PAGE334OFVALLA"T, CONTINENT SHBLF"

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Annex84

PACE146OFWALDOC K.HELEGALBASIOF CLAIMSO THECO~NENTAL
SHELF"

[No!reproduced] CONTlNENTAtSHELF

Annex 85

PAGE261OFTHEINTER-AMERICANJURIDICALEARBOOK,1955-1957

[Norreproduced]

PAGE 10OF GARC~AAMADOR ,HEEXPLOITATIOAND CONSERVATIONOFTHE
RES~URCE OS THESm

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PAGES117AND 118OFTHETHIRD UNITEDNATION SONFERENCEONTHE LAW
OFTHE SEAOFFICIARECORDS VOL.III

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SEA.OFFICIARECORD S,LIV

[Nor reproduced] DOCUMEKTARY ANNEXESTOTHE MEMORlALOF LlBYA 391

Annex89

PAGES77 TO79OFTHE YEARBOO OKF THINTERNATION LAL COMMISSION,
1953,VOLII

[Noreproduced]

Annex 90

PAGES216OFTHE YEARBOO OFTHE INTERNATION LALCOMMISSION,1953,
VOL.II

[Nolreproduced]

Annex 91

PACE95OFTHEUN~TE NDATIONSONFEREN CETHELAW OFTHE SEA,
OFFICIALECORDSV,OL. I

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Annex92

PAGES2 TO4OFI.IMITINTHESEASNO.10,REV~SED

[Norreproduced] CONTINENTASHELF

Annex93

ANNEXIITOLIMITINTHESEAS.NO.87

[Norreproduced]

Annex94

PAGE1 S4AND 14OF THEAUSTRALIAN G( BOOKOFINTERNATIONAL
LAW1970-1973

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Annex96

PAGE41 OFTHEREPORT OF THCOMMITTE ONTHEPEACEFUU LSEOF THE
SEA-BEAND THEOCEAHFLOORBEYONDTHELIMITOF NATIONAL
JURISDICT~~NO,L.III

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Annex97

PAGES232AND 233OFTHETHIRDUNITEDNATION SONFEREN CETHELAW
OFTHESEA,OFFICIARECORDSV,OL111

[Noireproduced] DOCUMENTARYANNEXESTO THEMEMORIAL OF LIBYA

Annex98

PAGES 170AND171OFTHE THIRDUNITEDNATIONCSONFEREN CNETHELAW
OFTHESEA,OFFICIALECORDV S,OI.V

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Annex99

PAGE48OFUNITED NATIONDSOCUMEN A/CONF.62/122,7OCTOBE 1982

[Norrepraduced]

AnnexIO0

(uJARTICL6OFTHE 1958CONVENTI ONTHECONTINENT SHLEL;
(b)THIRDUNITEDNATION SONFEREN CETHELAW OFTHESEA
Article7:DocumentA/CONF.62/WP.8/PartII,May 1975
Article: DocumenA/CONF.62/WP.8/Rcv.1/Part 6May 1976
Article83: DocumentA/ CONFWP.10,15July 197;
DocumentA/CONF.62/WP.101Rev.1,28 April1;79

DocumentA/CONF.62/WP.10R1ev.211April1980;
DocumentA/CONF.62/WP.IO/Rev.f,22Septtrnber1980;
DocumentA/CONF.62/L.78,28 August1981;
DocumentA/CONF.62/122,7 October1982

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Anncx101

PAGE S27-22AND 245-24OFCASTON "THEQUATERNA SEDIMEN TSTHE
NORTH SEA"

[Noreproduced] CONTINENTA SLELF

Annex 102

PAGES67 TO 71OF HAMILTON AND SMITH,"THEORlGlN AND SEDIMENTARY
HISTORYOF THEHURDDEEP,ENGLISH CHANNEL W,ITHADDITIONA LOTESON
OTHERDEEPS INTHEWESTERN ENGLISHCHANNEL"

[Not reproduced]

. Annex 103

PAGES 79TO83 OFATLANTEDEICONFINISOTTOMARlNi

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Annex 104

MAPPRESENTE BYMR. E.LAUTERPACH Q.. .DURXNGTHEORALHEARING N
THE TUNISIAILIBYASER, EQUESTY MALTAM INTERVENE

[SeI.C.J. PIcadings,Continental Shelf(TunisArabJamahiriya),
Vol. VI, MaNo.951

Annex 105

PAGES89TO91OF ATU NTEDEICONFINISOTTOMARINI

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Annex106

MAP NO.3 TûTHE1982JUDGMEN TNTHETUNISIAILIBYCASE

[SeeContinental Shelf(TunisialLibyan Arab Jamahiriya),
JudgmcntI.C.JReports 1982,901 DOCUMENTARYANNEXES TO THEMEMORIALOF LlBYA 395

1,the undersigned, AbdelrazegEl-Murtadi Suleiman, Agent of the Socialist
People's Libyan Arab Jamahiriya, hereby certify that the copy of cach docu-
ment attached a Documentary Anncx in Volothe Mernorial submit-
ted by the Socialist People'sLibyan Arab anaccurate copy; and
that al1translations are accurate translations.

(Signed) AbdelrELMUR TULDII AN,
Agent of the SocPeople's
Libyan Arab Jamahinya.