Maritime Boundary Disputes Settlement Processes And The Law Of The Sea

Author : Seoung Yong Hong,Jon M. Van Dyke
Publisher : BRILL
Page : 325 pages
File Size : 47,7 Mb
Release : 2009
Category : Law
ISBN : 9789004173439

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Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea by Seoung Yong Hong,Jon M. Van Dyke Pdf

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 : Stephen Fietta,Robin Cleverly
Publisher : Oxford University Press
Page : 600 pages
File Size : 44,5 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191027055

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A Practitioner's Guide to Maritime Boundary Delimitation by Stephen Fietta,Robin Cleverly Pdf

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 : Rainer Lagoni,Daniel Vignes
Publisher : BRILL
Page : 255 pages
File Size : 47,9 Mb
Release : 2006
Category : Law
ISBN : 9789004150331

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Maritime Delimitation by Rainer Lagoni,Daniel Vignes Pdf

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 : Massimo Lando
Publisher : Cambridge University Press
Page : 435 pages
File Size : 53,6 Mb
Release : 2019-06-06
Category : Law
ISBN : 9781108497398

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Maritime Delimitation as a Judicial Process by Massimo Lando Pdf

The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.

Author : Natalie Klein,Kate Parlett
Publisher : Oxford University Press
Page : 465 pages
File Size : 43,6 Mb
Release : 2022-11-10
Category : Law
ISBN : 9780192594884

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Judging the Law of the Sea by Natalie Klein,Kate Parlett Pdf

The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

Author : James Kraska,Heecheol Yang
Publisher : Taylor & Francis
Page : 219 pages
File Size : 53,9 Mb
Release : 2023-03-23
Category : Law
ISBN : 9781000854015

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Peaceful Management of Maritime Disputes by James Kraska,Heecheol Yang Pdf

International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.

Author : Alex G. Oude Elferink,Tore Henriksen,Signe Veierud Busch
Publisher : Unknown
Page : 455 pages
File Size : 53,9 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781108424790

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Maritime Boundary Delimitation: The Case Law by Alex G. Oude Elferink,Tore Henriksen,Signe Veierud Busch Pdf

Offers a comprehensive and systematical review of the case law on maritime delimitation, identifying various inconsistencies.

Author : Dorinda G. Dallmeyer,Louis DeVorsey Jr.
Publisher : BRILL
Page : 221 pages
File Size : 52,8 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004481619

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Rights to Oceanic Resources by Dorinda G. Dallmeyer,Louis DeVorsey Jr. Pdf

Author : Helene Ruiz Fabri,Erik Franckx,Marco Benatar,Tamar Meshel
Publisher : BRILL
Page : 482 pages
File Size : 48,6 Mb
Release : 2020-10-12
Category : Law
ISBN : 9789004434950

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A Bridge over Troubled Waters by Helene Ruiz Fabri,Erik Franckx,Marco Benatar,Tamar Meshel Pdf

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.

Author : Constantinos Yiallourides
Publisher : Routledge
Page : 274 pages
File Size : 49,7 Mb
Release : 2019-05-20
Category : Law
ISBN : 9781351240512

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Maritime Disputes and International Law by Constantinos Yiallourides Pdf

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

Author : Donald Rothwell,Canadian Institute of Resources Law
Publisher : Calgary : Canadian Institute of Resources Law
Page : 104 pages
File Size : 50,7 Mb
Release : 1988
Category : Law
ISBN : UVA:35007004193656

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Maritime Boundaries and Resource Development by Donald Rothwell,Canadian Institute of Resources Law Pdf

Assesses some of the questions raised by the judgement in the Gulf of Maine case and the impact it had on the law of maritime boundary delimitation. Analyzes the Beaufort Sea dispute reviewing the arguments put forward by Canada in support of a line drawn along the 141st meridian and by the United States in favour of an equidistance line. Argues for a joint development zone for resource exploitation in the area.

Author : Alfred Gerstl,Mária Strašáková
Publisher : BRILL
Page : 339 pages
File Size : 53,9 Mb
Release : 2016-11-14
Category : Political Science
ISBN : 9789004312180

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Unresolved Border, Land and Maritime Disputes in Southeast Asia by Alfred Gerstl,Mária Strašáková Pdf

In Unresolved Border, Land and Maritime Disputes in Southeast Asia the authors shed light on unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region, applying a wider regional and comparative perspective.

Author : Faraj Abdullah Ahnish
Publisher : Oxford University Press, USA
Page : 458 pages
File Size : 40,5 Mb
Release : 1993
Category : Law
ISBN : UOM:39015029878017

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The International Law of Maritime Boundaries and the Practice of States in the Mediterranean Sea by Faraj Abdullah Ahnish Pdf

This two-part study examines the law governing maritime boundaries and their delimitation, with special attention being paid to the situation in the Mediterranean Sea. The first part of the work looks at the general principles of international law which operate in relation to maritime boundaries and attempts to elucidate a set of substantive rules of law which can be applied in all cases. The second part applies these rules to a number of important and problematic episodes involving boundary disputes in the Mediterranean Sea, in particular those which have centered upon enclosed and semi-enclosed areas. The work will be of particular value to lawyers concerned with law of the sea disputes especially those with a keen interest in the outcome of outstanding problems in the Mediterranean.

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 : 45,9 Mb
Release : 2000
Category : Baselines (Law of the sea)
ISBN : 9211336309

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Handbook on the Delimitation of Maritime Boundaries by Anonim Pdf

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 : Igor V. Karaman
Publisher : Martinus Nijhoff Publishers
Page : 439 pages
File Size : 43,8 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004212022

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Dispute Resolution in the Law of the Sea by Igor V. Karaman Pdf

Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.