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Author : Alex G. Oude Elferink,Tore Henriksen,Signe Veierud Busch
Publisher : Unknown
Page : 455 pages
File Size : 54,5 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781108424790
Offers a comprehensive and systematical review of the case law on maritime delimitation, identifying various inconsistencies.
Author : Alex G. Oude Elferink
Publisher : BRILL
Page : 480 pages
File Size : 46,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482227
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 : Stephen Fietta,Robin Cleverly
Publisher : Oxford University Press
Page : 600 pages
File Size : 52,8 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191027055
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 over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, 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 : Robert Kolb
Publisher : Martinus Nijhoff Publishers
Page : 1208 pages
File Size : 47,6 Mb
Release : 2003-01-01
Category : Law
ISBN : 9041119760
This book provides a complete overview of the jurisprudence on maritime delimitation. Each case is presented under a series of identical headings, so as simultaneously to provide the reader with a complete analysis of the individual case and a uniform measure of comparison with other cases. The headings are as follows: geographical context; submissions and arguments of the parties; specific features of the case; the judgement, broken down into its various elements; individual and dissenting opinions; and academic comment (together with a bibliography). The longest section on each case is that devoted to the judgement. The analysis of each relevant element (the role of third States, equity, equidistance, the displacement of a provisional line, islands, proportionality etc.) is presented in three ways: (1) a brief introductory part introducing, and offering a critique of, the essential features of the relevant part of the decision; (2) relevant extracts from the judgement; (3) commentaries (either brief or more developed, according to the needs of the case), that endeavour to bring out the substance of the judgement, in particular by drawing out the various consequences, making connections with previous and future cases so as to chart the development of the jurisprudence, and offering critical reflections. The book thus presents a complete panorama of the jurisprudential problems associated with maritime delimitation. The clarity and comprehensive nature of the presentation, and the quality of the commentaries, makes it an indispensable reference work for academics and for practitioners alike.
Author : Massimo Lando
Publisher : Cambridge University Press
Page : 435 pages
File Size : 41,7 Mb
Release : 2019-06-06
Category : Law
ISBN : 9781108497398
The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Author : Nicholas A. Ioannides
Publisher : Routledge
Page : 157 pages
File Size : 40,6 Mb
Release : 2020-09-27
Category : Law
ISBN : 9781000166194
This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states’ willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called ‘Turkish Republic of Northern Cyprus’ and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.
Author : Rainer Lagoni,Daniel Vignes
Publisher : BRILL
Page : 255 pages
File Size : 43,6 Mb
Release : 2006
Category : Law
ISBN : 9789004150331
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 : Seoung Yong Hong,Jon M. Van Dyke
Publisher : BRILL
Page : 325 pages
File Size : 42,5 Mb
Release : 2009
Category : Law
ISBN : 9789004173439
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Author : Thomas Cottier
Publisher : Cambridge University Press
Page : 835 pages
File Size : 40,9 Mb
Release : 2015-04-30
Category : Business & Economics
ISBN : 9781107080171
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.
Author : Malcolm D. Evans
Publisher : Oxford University Press, USA
Page : 288 pages
File Size : 53,7 Mb
Release : 1989
Category : Business & Economics
ISBN : UOM:39015028715939
Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.
Author : Clive R. Symmons
Publisher : BRILL
Page : 471 pages
File Size : 52,5 Mb
Release : 2019-03-27
Category : Law
ISBN : 9789004377028
This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.
Author : Anonim
Publisher : United Nations, Division for Ocean Affairs and the Law of the Sea, Office of the Legal Affairs
Page : 0 pages
File Size : 40,9 Mb
Release : 2000
Category : Baselines (Law of the sea)
ISBN : 9211336309
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 Minas,Jordan Diamond,Holly Doremus
Publisher : BRILL
Page : 377 pages
File Size : 50,5 Mb
Release : 2018-09-06
Category : Law
ISBN : 9789004352926
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.
Author : Tomas Heidar
Publisher : BRILL
Page : 498 pages
File Size : 52,9 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004437753
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 : The Hon Justice Mr Winston Anderson
Publisher : BRILL
Page : 469 pages
File Size : 49,9 Mb
Release : 2022-01-21
Category : Law
ISBN : 9789004503199
The Law of the Sea in the Caribbean discusses the evolution and growth of the law of the sea in the Caribbean and its contribution to the sustainable development of Caribbean States.
