The Icj Doctrine Of Equitable Principles Applicable To Maritime Boundary Delimitation And Its Impact On The International Law Of The Sea
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Author | : Massimo Lando |
Publisher | : Cambridge University Press |
Total Pages | : 435 |
Release | : 2019-06-06 |
Genre | : Law |
ISBN | : 110849739X |
The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Author | : Alex G. Oude Elferink |
Publisher | : Cambridge University Press |
Total Pages | : 456 |
Release | : 2018-03-15 |
Genre | : Law |
ISBN | : 1108691897 |
The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
Author | : Rainer Lagoni |
Publisher | : BRILL |
Total Pages | : 255 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9004150331 |
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
Author | : |
Publisher | : United Nations, Division for Ocean Affairs and the Law of the Sea, Office of the Legal Affairs |
Total Pages | : 0 |
Release | : 2000 |
Genre | : Baselines (Law of the sea) |
ISBN | : 9789211336306 |
The Handbook covers legal, technical and practical information deemed essential in negotiating maritime boundary delimitation between coastal states.It also contains information about the peaceful settlement of disputes where negotiations are unsuccessful and the states wish to avail themselves of the dispute settlement mechanism set out in the 1982 Convention on the Law of the Sea
Author | : Stephen Fietta |
Publisher | : Oxford University Press |
Total Pages | : 720 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0199657475 |
This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Author | : Alex G. Oude Elferink |
Publisher | : BRILL |
Total Pages | : 480 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482229 |
This volume presents an analysis of the maritime boundary delimitations of the Russian Federation. The focus of this analysis is the relationship between state practice and the rules of public international law applicable to the delimitation of maritime zones between neighboring states. A first part establishes the contents of the law in this field. The main part of the work concerns an analysis of the position of the Russian Federation on the rules of maritime delimitation law and the practice of this state in relation to the delimitation of specific maritime boundaries with neighboring states. The case study of the Russian Federation illustrates the significance of international law for the delimitation of maritime boundaries, while at the same time indicating the limits of the influence of the law on state behavior.
Author | : Yoshifumi Tanaka |
Publisher | : Bloomsbury Publishing |
Total Pages | : 615 |
Release | : 2019-11-14 |
Genre | : Law |
ISBN | : 1509912096 |
This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.
Author | : Tomas Heidar |
Publisher | : BRILL |
Total Pages | : 498 |
Release | : 2020-09-07 |
Genre | : Law |
ISBN | : 9004437754 |
New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Author | : Thomas Cottier |
Publisher | : Cambridge University Press |
Total Pages | : 835 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 1316299805 |
Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.
Author | : Thomas Cottier |
Publisher | : Cambridge University Press |
Total Pages | : 835 |
Release | : 2015-04-30 |
Genre | : Business & Economics |
ISBN | : 1107080177 |
Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.