Maritime Delimitation

Author : Rainer Lagoni,Daniel Vignes
Publisher : BRILL
Page : 255 pages
File Size : 50,7 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 : Stephen Fietta,Robin Cleverly
Publisher : Oxford University Press
Page : 720 pages
File Size : 48,5 Mb
Release : 2016
Category : Law
ISBN : 9780199657476

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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 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,Tore Henriksen,Signe Veierud Busch
Publisher : Unknown
Page : 455 pages
File Size : 42,9 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 : Massimo Lando
Publisher : Cambridge University Press
Page : 435 pages
File Size : 41,5 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 : Jonathan I. Charney,Lewis M. Alexander
Publisher : BRILL
Page : 500 pages
File Size : 46,5 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004634107

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International Maritime Boundaries by Jonathan I. Charney,Lewis M. Alexander Pdf

This is the ultimate guide to international maritime boundaries. Its unique practical features include - systematic examination of all international maritime boundaries worldwide; - comprehensive coverage, including the text of every modern boundary agreement; - descriptions of judicially-established boundaries; - maps and detailed analyses of those boundaries; - expert papers examining the status of maritime boundary delimitations in each of the ten regions of the world; - papers from a global perspective analyzing key issues in maritime boundary theory and practice; and - a cumulative index for volumes I - III. These features make International Maritime Boundaries an unmatched comprehensive, accessible resource in the field.

Author : Seoung Yong Hong,Jon M. Van Dyke
Publisher : BRILL
Page : 325 pages
File Size : 41,9 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 : Alex G. Oude Elferink
Publisher : BRILL
Page : 480 pages
File Size : 52,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482227

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The Law of Maritime Boundary Delimitation by Alex G. Oude Elferink Pdf

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 : Robert Kolb
Publisher : Martinus Nijhoff Publishers
Page : 1208 pages
File Size : 54,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 9041119760

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Case Law on Equitable Maritime Delimitation by Robert Kolb Pdf

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 : Anonim
Publisher : United Nations, Division for Ocean Affairs and the Law of the Sea, Office of the Legal Affairs
Page : 0 pages
File Size : 53,9 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 : Chris Carleton,Clive H. Schofield
Publisher : IBRU
Page : 76 pages
File Size : 53,6 Mb
Release : 2002
Category : Baselines (Law of the sea)
ISBN : 9781897643471

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Developments in the Technical Determination of Maritime Space by Chris Carleton,Clive H. Schofield Pdf

Author : Alex G. Oude Elferink,Donald R. Rothwell
Publisher : Martinus Nijhoff Publishers
Page : 424 pages
File Size : 55,7 Mb
Release : 2001-10-17
Category : Law
ISBN : 9041116486

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The Law of the Sea and Polar Maritime Delimitation and Jurisdiction by Alex G. Oude Elferink,Donald R. Rothwell Pdf

The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the Law of the Sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the Law of the Sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones betweenm neighboring states) and jursidiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention of the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.

Author : S.P. Jagota
Publisher : BRILL
Page : 408 pages
File Size : 51,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004478220

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Maritime Boundary by S.P. Jagota Pdf

Author : Malcolm D. Evans
Publisher : Oxford University Press, USA
Page : 288 pages
File Size : 44,7 Mb
Release : 1989
Category : Business & Economics
ISBN : UOM:39015028715939

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Relevant Circumstances and Maritime Delimitation by Malcolm D. Evans Pdf

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 : Thomas Cottier
Publisher : Cambridge University Press
Page : 835 pages
File Size : 40,7 Mb
Release : 2015-04-30
Category : Business & Economics
ISBN : 9781107080171

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Equitable Principles of Maritime Boundary Delimitation by Thomas Cottier Pdf

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 : Snjólaug Árnadóttir
Publisher : Cambridge University Press
Page : 269 pages
File Size : 45,5 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781009058421

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Climate Change and Maritime Boundaries by Snjólaug Árnadóttir Pdf

Coastal States exercise sovereignty and sovereign rights in maritime zones, measured from their coasts. The limits to these maritime zones are bound to recede as sea levels rise and coastlines are eroded. Furthermore, ocean acidification and ocean warming are increasingly threatening coastal ecosystems, which States are obligated to protect and manage sustainably. These changes, accelerating as the planet heats, prompt an urgent need to clarify and update the international law of maritime zones. This book explains how bilateral maritime boundaries are established, and how coastal instability and vulnerable ecosystems can affect the delimitation process through bilateral negotiations or judicial settlement. Árnadóttir engages with core concepts within public international law to address emerging issues, such as diminishing territory and changing boundaries. She proposes viable ways of addressing future challenges and sets out how fundamental changes to the marine environment can justify termination or revision of settled maritime boundaries and related agreements.