346. In support of its position, Myanmar refers to the Arbitral Award in the
Case concerning the Delimitation of Maritime Areas between Canada and
France of 10 June 1992, which states: “[i]t is not possible for a tribunal to
reach a decision by assuming hypothetically the eventuality that such rights
will in fact exist” (Decision of 10 June 1992, ILM, Vol. 31 (1992), p. 1145, at
p. 1172, para. 81).
347. Myanmar asserts that in the case concerning Territorial and Maritime
Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua
v. Honduras), the ICJ declined to delimit the continental shelf beyond 200 nm
between Nicaragua and Honduras because the Commission had not yet
made recommendations to the two countries regarding the continental shelf
beyond 200 nm.