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Equidistance Principle

A6. Public international law of the sea

Definition

Default delimitation method, qualified by relevant circumstances.

The equidistance principle is the delimitation method that draws a boundary every point of which is equidistant from the nearest points on the baselines of the two states. UNCLOS Articles 74 and 83 set the goal of an equitable solution for the EEZ and continental shelf without prescribing equidistance, while Article 15 makes the median line the default for the territorial sea absent agreement, historic title, or special circumstances. Modern ICJ and ITLOS practice applies a three-stage method: draw a provisional equidistance line, adjust it for relevant circumstances, then check the result against a disproportionality test, as set out in Romania v. Ukraine (2009).

Source: UNCLOS Articles 15, 74, and 83