173. The adjustment of a provisional equidistance line must be assessed on a case-by-case basis. As the Arbitral Tribunal observed in the Arbitration between Barbados and the Republic of Trinidad and Tobago, “[t]here are no magic formulas” to be used for the adjustment of a provisional equidistance line (Award of 11 April 2006, RIAA, Vol. XXVII, p. 243, para. 373). Rather, it is a result
of an overall appreciation of the relevant circumstances by the Court in seeking to achieve an equitable solution. In order to attenuate the cut-off effect described above, the Court considers it reasonable to adjust the provisional equidistance line.
174. In view of the above considerations, the Court believes that it is necessary to shift the line to the north so that, from Point A, it follows a geodetic line with an initial azimuth of 114º. This line would attenuate in a reasonable and mutually balanced way the cut-off effect produced by the unadjusted equidistance line due to the geographical configuration of the coasts of Somalia, Kenya and Tanzania. The resulting line would end at its intersection with the 200-nautical-mile limit from the coast of Kenya, at a point (Point B) with co-ordinates 3° 4′ 21.3″ S and 44° 35′ 30.7″ E (see sketch-map No. 11 below).
COMMENTS