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Author: Stephen Fietta
Publisher: Oxford University Press
ISBN: 0199657475
Category : Law
Languages : en
Pages : 720
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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: Stephen Fietta
Publisher: Oxford University Press
ISBN: 0199657475
Category : Law
Languages : en
Pages : 720
Get Book Here
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: Rainer Lagoni
Publisher: BRILL
ISBN: 9004150331
Category : Law
Languages : en
Pages : 255
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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: 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: Shicun Wu
Publisher: Elsevier
ISBN: 1780633556
Category : Political Science
Languages : en
Pages : 235
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Book Description
This book discusses the South China Sea dispute from a Chinese perspective with regards to history, law, international politics, the economy, diplomacy and military affairs. Not only does it detail China's official position on the sovereignty and maritime disputes in the South China Sea, but also provides analyses of the related factors influencing the origin and development of these disputes. It further assesses the complexity, internationalisation and long-term struggle over the South China Sea and China's efforts in dispute resolution.Solving Disputes for Regional Cooperation and Development aims to help readers better understand a Chinese perspective on the complexity of the South China Sea disputes, including competition over the sovereignty of the islets, islands regime and its impact on maritime delimitation, overlapping maritime claims, and how the adjacent states can cooperate for resource development in the South China Sea.This title is highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea, and covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs. - Highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea - Covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs - One of the very few books written by a Chinese scholar in English in this area
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
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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: Ahmad Razavi
Publisher: BRILL
ISBN: 9004479295
Category : Law
Languages : en
Pages : 352
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Book Description
The most significant characteristic of the Persian Gulf is the presence of huge oil-fields under the sea-bed of its shallow waters. On the other hand, the lack of understanding among the littoral states concerning the proper exploitation of these valuable resources has led to many conflicts, and is still considered as having a very high potential for conflict. This work clarifies the international legal rules applicable to the region with particular attention to the special characteristics of the Persian Gulf, such as ethnic conflicts, lack of defined land borders, presence of numerous islands, reefs and shoals and the presence of transboundary oil deposits. It consists of a collection of materials relating to the law of the sea, including both domestic and international rules, conventions, maritime agreements, state practice, the jurisprudence of the International Court of Justice and others. The study analyses all of these important factors in order to find an equitable solution to the problems facing the international community.
Author: Signe Veierud Busch
Publisher: BRILL
ISBN: 9004326243
Category : Law
Languages : en
Pages : 465
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Book Description
In Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?, Signe Veierud Busch undertakes a study of all coastal State submissions to the Commission on the Limits of the Continental Shelf and asks under which circumstances and to what extent States other than the coastal State may intervene in the process of establishing final and binding continental shelf limits. After analysing relevant provisions in the UN Convention on the Law of the Sea and the Commission’s Rules of Procedure compared with the practice of States and the Commission, Busch raises the overall question if the possibility for other States to block the work of the Commission may in fact be undermining the mandate and functions of the Commission.
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: Bjarni Már Magnússon
Publisher: Hotei Publishing
ISBN: 9004296840
Category : Law
Languages : en
Pages : 333
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Book Description
In The Continental Shelf Beyond 200 Nautical Miles, Bjarni Már Magnússon explores various aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles and maritime boundary delimitations. Special emphasis is laid on the interplay between these processes and the role of coastal States, the Commission on the Limits of the Continental Shelf and international courts and tribunals in this regard. Magnússon convincingly argues that despite the possibility for tension to arise the relationship between the relevant institutions and processes is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
Author: David Joseph Attard
Publisher: Oxford University Press, USA
ISBN: 0199683921
Category : Law
Languages : en
Pages : 796
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Book Description
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
