7 High seas : Traditionally, the high seas were defined as ‘all parts of the sea not included in the territorial sea or in the internal waters of a state’ (Article 1 of the HSC). With the advent of the EEZ and the concept of archipelagic waters, this definition has now to be modified. Article 86 of the LOSC states that the high seas rules apply to: ‘... all parts of the sea that are not included in the EEZ, in the territorial sea or

doi:10.4324/9781843143802-101

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and Jan Mayen (1993)) where the ICJ again confirmed the need for delimitation to be made according to equitable principles. The case is notable for the separate opinion of Judge Weeramantry who discussed the role of equity in international law at some length. Article 83 of the LOSC provides that delimitation of the continental shelf between opposite or adjacent states shall be achieved by agreement on the basis of international law in order to achieve equitable principles. If no agreement can be reached states are required to seek peaceful settlement of the dispute according to Part XV of the Convention. It seems therefore that the main rule of international law regarding the delimitation of the continental shelf and the EEZ is that an equitable distribution shall be achieved. It therefore follows that each case will depend upon its particular facts although factors such as length and configuration of coastline will be significant.