北海大陆架案件

北海大陆架案件

The Court delivered judgment, by 11 votes to 6, in the North Sea Continental Shelf cases.

国际司法机关法院11票6票得出了北海大陆架案件的判决。

The dispute, which was submitted to the Court on 20 February 1967, related to the delimitatio n of the continental shelf between the Federal Republic of Germany and Denmark on the one hand, and between the Federal Republic of Germany and Netherlands on the other.

1967年2月20日，德意志联邦国对丹麦之间和德意志联邦国对荷兰之间提交到国际法院关于大陆架划界的问题

The parties asked the Court to state the principles and rules of international law applicable, an d undertook thereafter to carry out the delimitations on that basis.

当事人向司法机关法院提问可以适用的国际法原则和规则，和保证此后都以上面的原则进行划界。

The Court rejected the contention of Denmark and the Netherlands to the effect that the delimi tations in question had to be carried out in accordance with the principle of equidistance as de fined in Article 6 of the 1958 Geneva Convention on the Continental Shelf, holding:

国际法院拒绝了丹麦和荷兰通过在1958年的《日内瓦城的大陆架公约》第6条所规定的等距离原则的划界问题，裁定：

-That the Federal Republic, which had not ratified the Convention, was not legally boun

d by th

e previsions o

f Article 6

德意志联邦国没有在《大陆架公约〉批准，所以不受第6条规定的等距离原则-That the equidistance principle was not a necessary consequence of the general conce pt of continental shelf rights, and was not a rule of customary international law.

( ?????????????????????????????? ,也不是国际习惯法的规则。)

The Court also rejected the contentions of the Federal Republic in so far as these sought acc eptance of the principle of an apportionment of the continental shelf into just and equitable sha res.

国际法院也拒绝了德意志联邦国的（？？？）土地分配大陆架的争论。

It held that each Party had an original right to these areas of the continental shelf which const ituted the natural prolongation of its land territory into and under the sea. It was not a questio n of apportioning or sharing out those areas, but of delimiting them.

每个当事国拥有原始权利陆地延长到海中和海底。这不是分配或分享陆地区域的问题，而对大陆架划界的问题。

The Court found that the boundary lines in question were to be drawn by agreement between the Part ies and in accordance with equitable principle , and it indicated certain factors to be taken into conside ration for that purpose. It was now for the Parties to negotiate on the basis of such principles, as they have agreed to do.

国际法院找出方法，该分界线的问题根据每个当事国的协议，并且按照公平的原则划定，并且国际法院表明了应该考虑的一些因素。这是现在应该个当事国按照自己同意的原则进行谈判。

The proceedings, relating to the delimitation as between the parties of the areas of the North Sea continental shelf appertaining to each of them, were instituted on 20 February 1967 by the communication to the Registry of the Court of two Special Agreements, between Denmark and the Federal Republic and the Federal Republic and the Netherlands respectively. By an Order of 26 April 1968, the Court joined the proceedings in the two cases.

这个事件，联系起来当事国划分北海大陆架各方的区域是通过国际法院书记部分别告诉丹麦和德意志联邦国之间的和德意志联邦国和荷兰之间的两份特别协定在1967年2月20日开始的。国际法院发布命令，把这两个案子的诉讼合并起来.

The Court decided the two cases in a single judgment, which it adopted by eleven votes t o six. Amongst the Members of the Court concurring in the judgment, judge sir Muhammad Zafrulla khan appended appended a declaration; and president Bustamante t Rivero and judges Jessup, Padilla Nervo and Ammoun appended separate opinions. In the case og the non-concurring judges, a declaration of his dissent was appended by judge Tanaka, Morelli and lachs, and judge ad hoc Sorensen, appended dissenting opinions.

国际法院以11票对6票通过对这两个案件做出的一格判决。在法官中赞成该判决的，法官（）了声明；（）院长以及法官杰赛普，（）和安蒙附了分别意见，在不赞成该判决的法官中，本格宗法官附了反对的声明；（）副园长与法官田中，莫雷利和拉克斯，以及专案法伦附了反对意见。

In its judgment, the Court examined in the context of the delimitations concerned the problems relating to the legalregime of the continental shelf raised by the contentions of the parties.

法院在其判决中就有关划界事宜审查了各当事国论点中提出的涉及大陆架法律制度的问题。