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Notably, because the Court clarified in the Black Sea case, ‘in the delimitation of the maritime areas involving two or more States, the Court shouldn't base itself solely on the choice of base points made by one of those Parties. Notwithstanding this discovering, one can moderately presume that the ICJ would deal with this with extreme caution and like to remain aloof from any sovereignty concern, especially when it's not requested to adjudicate upon such issue. The Court should, when delimiting the continental shelf and exclusive economic zones, choose base points by reference to the physical geography of the relevant coasts’. In any case, it will be advisable to incorporate within the compromis a clause explicitly excluding any question regarding sovereignty, be this ancillary to the primary dispute ancillary or not, from the jurisdiction of the Court. Most doubtless, the Court would use its prerogative to select other base points than these proposed by the parties (which could involve ‘grey areas’), and thus keep away from addressing any sovereignty query.
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