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Author: Rainer Lagoni Publisher: BRILL ISBN: 9004150331 Category : Law Languages : en Pages : 255
Book Description
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: Rainer Lagoni Publisher: BRILL ISBN: 9004150331 Category : Law Languages : en Pages : 255
Book Description
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 Publisher: Oxford University Press ISBN: 0199657475 Category : Law Languages : en Pages : 720
Book Description
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: Massimo Lando Publisher: Cambridge University Press ISBN: 110849739X Category : Law Languages : en Pages : 435
Book Description
The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Author: Alex G. Oude Elferink Publisher: Cambridge University Press ISBN: 1108691897 Category : Law Languages : en Pages : 456
Book Description
The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
Author: Nicholas A. Ioannides Publisher: Routledge ISBN: 1000166198 Category : Law Languages : en Pages : 157
Book Description
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: Snjólaug Árnadóttir Publisher: Cambridge University Press ISBN: 1009058428 Category : Law Languages : en Pages : 269
Book Description
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.
Author: Alex G. Oude Elferink Publisher: Cambridge University Press ISBN: 1108630219 Category : Law Languages : en Pages : 455
Book Description
The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
Author: Jonathan I. Charney Publisher: BRILL ISBN: 900463410X Category : Law Languages : en Pages : 500
Book Description
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: Publisher: United Nations, Division for Ocean Affairs and the Law of the Sea, Office of the Legal Affairs ISBN: 9789211336306 Category : Baselines (Law of the sea) Languages : en Pages : 0
Book Description
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: Robert Kolb Publisher: Martinus Nijhoff Publishers ISBN: 9789041119766 Category : Law Languages : en Pages : 1208
Book Description
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: Rainer Lagoni
Author: Rainer Lagoni
Author: Stephen Fietta
Author: Massimo Lando
Author: Alex G. Oude Elferink
Author: Nicholas A. Ioannides
Author: Snjólaug Árnadóttir
Author: Alex G. Oude Elferink
Author: Jonathan I. Charney
Author: 
Author: Robert Kolb