Predictability and flexibility in the law of maritime delimitation PDF Download

Author: Yoshifumi Tanaka
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Author: Yoshifumi Tanaka
Publisher: Bloomsbury Publishing
ISBN: 150991210X
Category : Law
Languages : en
Pages : 606

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Book Description
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
Publisher: Cambridge University Press
ISBN: 1108691897
Category : Law
Languages : en
Pages : 456

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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: Alex G. Oude Elferink
Publisher: Cambridge University Press
ISBN: 1108630219
Category : Law
Languages : en
Pages : 455

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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: Massimo Lando
Publisher: Cambridge University Press
ISBN: 110849739X
Category : Law
Languages : en
Pages : 435

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

Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1316299813
Category : Law
Languages : en
Pages : 549

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Book Description
This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.

Author: Snjólaug Árnadóttir
Publisher: Cambridge University Press
ISBN: 1009058428
Category : Law
Languages : en
Pages : 269

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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: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1107009995
Category : Law
Languages : en
Pages : 505

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Book Description
This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.

Author: Thomas Cottier
Publisher: Cambridge University Press
ISBN: 1316299805
Category : Law
Languages : en
Pages : 835

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Book Description
Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.

Author: Malcolm D. Evans
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 288

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Book Description
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.