Maritime Disputes And International Law

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Maritime Disputes and International Law

Constantinos Yiallourides
Maritime Disputes and International Law Book PDF

Author : Constantinos Yiallourides
Publisher : Routledge
Page : 274 pages
File Size : 41,7 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.

The Aegean Maritime Disputes and International Law

Yucel Acer
The Aegean Maritime Disputes and International Law Book PDF

Author : Yucel Acer
Publisher : Routledge
Page : 319 pages
File Size : 49,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351895187

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The Aegean Maritime Disputes and International Law by Yucel Acer Pdf

This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.

Asian Approaches to International Law and the Legacy of Colonialism

Jin-Hyun Paik,Seok-Woo Lee,Kevin Y. L. Tan
Asian Approaches to International Law and the Legacy of Colonialism Book PDF

Author : Jin-Hyun Paik,Seok-Woo Lee,Kevin Y. L. Tan
Publisher : Routledge
Page : 185 pages
File Size : 51,8 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781136223822

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Asian Approaches to International Law and the Legacy of Colonialism by Jin-Hyun Paik,Seok-Woo Lee,Kevin Y. L. Tan Pdf

The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

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

Author : Seoung Yong Hong,Jon M. Van Dyke
Publisher : BRILL
Page : 325 pages
File Size : 50,6 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.

The International Court of Justice in Maritime Disputes

Julio Faundez
The International Court of Justice in Maritime Disputes Book PDF

Author : Julio Faundez
Publisher : Routledge
Page : 109 pages
File Size : 44,8 Mb
Release : 2018-09-03
Category : Law
ISBN : 9780429799310

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The International Court of Justice in Maritime Disputes by Julio Faundez Pdf

The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.

Asian Approaches to International Law and the Legacy of Colonialism

Kevin Tan
Asian Approaches to International Law and the Legacy of Colonialism Book PDF

Author : Kevin Tan
Publisher : Routledge
Page : 186 pages
File Size : 49,8 Mb
Release : 2013
Category : Law
ISBN : 9780415679787

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Asian Approaches to International Law and the Legacy of Colonialism by Kevin Tan Pdf

Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

Maritime Delimitation

Rainer Lagoni,Daniel Vignes
Maritime Delimitation Book PDF

Author : Rainer Lagoni,Daniel Vignes
Publisher : BRILL
Page : 255 pages
File Size : 50,6 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.

Maritime Disputes in the Eastern Mediterranean

Roudi Baroudi
Maritime Disputes in the Eastern Mediterranean Book PDF

Author : Roudi Baroudi
Publisher : Brookings Institution Press
Page : 125 pages
File Size : 55,8 Mb
Release : 2020-05-31
Category : Political Science
ISBN : 9780960012794

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Maritime Disputes in the Eastern Mediterranean by Roudi Baroudi Pdf

The ways and means described in this book constitute a road map for responsible members of the international community to work together, reduce tensions, resolve differences over maritime boundaries peacefully, and reap the rewards of a safer, stabler, and more prosperous world. This volume shows that the UN and its associated treaties, courts, and other institutions have developed a body of laws, rules, and procedures guiding the way to negotiated, peaceful outcomes. Mr. Baroudi’s book also points to rapid advances of science and technology that take much of the guesswork out of boundary delineation, making this route more reliable and user-friendly than ever before. The successful use of these mechanisms would set a useful example for the resolution of boundary disputes in other regions of the world. That, in turn would restore confidence in the international rules-based system and could pave the way for the settling of some of the world’s most troubling and dangerous disputes.

Peaceful Management of Maritime Disputes

James Kraska,Heecheol Yang
Peaceful Management of Maritime Disputes Book PDF

Author : James Kraska,Heecheol Yang
Publisher : Taylor & Francis
Page : 219 pages
File Size : 52,5 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.

International Law Relating to Islands

Sean D. Murphy
International Law Relating to Islands Book PDF

Author : Sean D. Murphy
Publisher : BRILL
Page : 383 pages
File Size : 41,7 Mb
Release : 2019-03-25
Category : Law
ISBN : 9789004361546

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International Law Relating to Islands by Sean D. Murphy Pdf

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia

Keyuan Zou
International Law Of The Sea In The Twenty first Century The State Practice In East Asia Book PDF

Author : Keyuan Zou
Publisher : World Scientific
Page : 307 pages
File Size : 40,7 Mb
Release : 2021-11-24
Category : Law
ISBN : 9789811237072

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International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia by Keyuan Zou Pdf

The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

The South China Sea Maritime Dispute

Leszek Buszynski,Christopher B. Roberts
The South China Sea Maritime Dispute Book PDF

Author : Leszek Buszynski,Christopher B. Roberts
Publisher : Routledge
Page : 283 pages
File Size : 41,7 Mb
Release : 2014-09-25
Category : Social Science
ISBN : 9781317935476

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The South China Sea Maritime Dispute by Leszek Buszynski,Christopher B. Roberts Pdf

The South China Sea is a major strategic waterway for trade and oil shipments to Japan, Korea as well as southern China. It has been the focus of a maritime dispute which has continued now for over six decades, with competing claims from China, Vietnam, the Philippines, Indonesia and Brunei. Recently China has become more assertive in pressing its claims – harassing Vietnamese fishing vessels and seizing reefs in the Philippine claim zone. China has insisted that it has "indisputable sovereignty" over the area and has threatened to enforce its claim. All of this is unsettling and draws in the United States which is concerned about freedom of navigation in the area. The US has been supporting the Philippines and has been developing security ties with Vietnam as a check upon China. This book examines the conflict potential of the current dispute, it discusses how the main claimants and the United States view the issue, and assesses the prospects for a resolution of the problem.

Assessing Maritime Disputes in East Asia

Barthelemy Courmont,Frederic Lasserre,Eric Mottet
Assessing Maritime Disputes in East Asia Book PDF

Author : Barthelemy Courmont,Frederic Lasserre,Eric Mottet
Publisher : Taylor & Francis
Page : 244 pages
File Size : 48,9 Mb
Release : 2017-04-28
Category : History
ISBN : 9781317177975

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Assessing Maritime Disputes in East Asia by Barthelemy Courmont,Frederic Lasserre,Eric Mottet Pdf

Combining practical and theoretical approaches, this book addresses the political, legal and economic implications of maritime disputes in East Asia. The maritime disputes in East Asia have multiplied over the past few years, in parallel with the economic growth of the countries in the region, the rise of nationalist movements, fears and sometimes fantasies regarding the emergence of the People’s Republic of China (PRC) as a global power, increasing military expenses, as well as speculations regarding the potential resources in various disputed islands. These disputes, however, are not new and some have been the subject of contention and the cause of friction for decades, if not centuries in a few cases. Offering a robust analysis, this volume explores disputes through the different lenses of political science, international law, history and geography, and introduces new approaches in particular to the four important disputes concerning Dokdo/Takeshima, Senkaku/Diaoyu, Paracels and Spratlys. Utilising a comparative approach, this book identifies transnational trends that occur in the different cases and, therefore, at the regional level, and aims to understand whether the resurgence of maritime disputes in East Asia may be studied on a case by case basis, or should be analysed as a regional phenomenon with common characteristics. This book will be of interest to students of Asian Politics, Maritime Security, International Security, Geopolitics and International Relations in general.

Dispute Resolution in the Law of the Sea

Igor V. Karaman
Dispute Resolution in the Law of the Sea Book PDF

Author : Igor V. Karaman
Publisher : Martinus Nijhoff Publishers
Page : 438 pages
File Size : 43,8 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004212015

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

The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.

UNCLOS and Ocean Dispute Settlement

Nong Hong
UNCLOS and Ocean Dispute Settlement Book PDF

Author : Nong Hong
Publisher : Routledge
Page : 282 pages
File Size : 49,7 Mb
Release : 2012
Category : Law
ISBN : 9780415505277

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UNCLOS and Ocean Dispute Settlement by Nong Hong Pdf

This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.