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Author : Yoshifumi Tanaka
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 2006
Category : Electronic
ISBN : OCLC:1409481578
Author : Yoshifumi Tanaka
Publisher : Bloomsbury Publishing
Page : 606 pages
File Size : 44,8 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509912100
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 : Alex G. Oude Elferink,Tore Henriksen,Signe Veierud Busch
Publisher : Unknown
Page : 455 pages
File Size : 41,9 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 : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 549 pages
File Size : 50,9 Mb
Release : 2015-04-16
Category : Law
ISBN : 9781107080409
A systematic examination of all topics in law of the sea courses, fully updated to include contemporary issues.
Author : Massimo Lando
Publisher : Cambridge University Press
Page : 435 pages
File Size : 40,8 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 : Thomas Cottier
Publisher : Cambridge University Press
Page : 835 pages
File Size : 42,6 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 : Alex G. Oude Elferink
Publisher : BRILL
Page : 480 pages
File Size : 40,7 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 : 40,8 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 : Marianthi Pappa
Publisher : Cambridge University Press
Page : 253 pages
File Size : 51,8 Mb
Release : 2021-07-08
Category : Law
ISBN : 9781108835220
Critical analysis of the legal framework on maritime delimitation, with recommendations for the evolution of international law at sea.
Author : Constantinos Yiallourides
Publisher : Routledge
Page : 274 pages
File Size : 44,8 Mb
Release : 2019-05-20
Category : Law
ISBN : 9781351240512
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 : Robert Kolb
Publisher : Martinus Nijhoff Publishers
Page : 1208 pages
File Size : 49,8 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 : Edwin E. Egede,Mark Osa Igiehon
Publisher : Routledge
Page : 182 pages
File Size : 45,6 Mb
Release : 2017-12-14
Category : Law
ISBN : 9781317040743
On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.
Author : Sean D. Murphy
Publisher : BRILL
Page : 383 pages
File Size : 48,7 Mb
Release : 2019-03-25
Category : Law
ISBN : 9789004361546
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.
Author : Malcolm N. Shaw
Publisher : Cambridge University Press
Page : 1311 pages
File Size : 41,6 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781108477741
An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.
Author : Benoît Mayer
Publisher : Oxford University Press
Page : 417 pages
File Size : 42,9 Mb
Release : 2022
Category : Law
ISBN : 9780192843661
A comprehensive doctrinal study of states' obligations on climate change mitigation, showing that obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and human rights treaties, and exploring the interactions between these multiple obligations.