A Practitioner S Guide To Maritime Boundary Delimitation

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A Practitioner S Guide To Maritime Boundary Delimitation

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Author : Stephen Fietta
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24

A Practitioner S Guide To Maritime Boundary Delimitation written by Stephen Fietta and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-24 with Law categories.

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.

A Practitioner S Guide To Maritime Boundary Delimitation

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Author : Stephen Fietta
language : en
Publisher: Oxford University Press
Release Date : 2016

A Practitioner S Guide To Maritime Boundary Delimitation written by Stephen Fietta and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.

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.

Maritime Boundary Delimitation The Case Law

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Author : Alex G. Oude Elferink
language : en
Publisher:
Release Date : 2018-03-15

Maritime Boundary Delimitation The Case Law written by Alex G. Oude Elferink and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-15 with Law categories.

Offers a comprehensive and systematical review of the case law on maritime delimitation, identifying various inconsistencies.

Maritime Claims And Boundary Delimitation

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Author : Nicholas A. Ioannides
language : en
Publisher: Routledge
Release Date : 2020-09-27

Maritime Claims And Boundary Delimitation written by Nicholas A. Ioannides and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-27 with Law categories.

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.

Compliance With Decisions Of The Dispute Settlement Bodies Of The Un Convention On The Law Of The Sea

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Author : Natalie Klein
language : en
Publisher: BRILL
Release Date : 2023-11-20

Compliance With Decisions Of The Dispute Settlement Bodies Of The Un Convention On The Law Of The Sea written by Natalie Klein and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-20 with Law categories.

What happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.

Maritime Delimitation As A Judicial Process

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Author : Massimo Lando
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-06

Maritime Delimitation As A Judicial Process written by Massimo Lando and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-06 with Law categories.

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

Sea Level Change And Maritime Boundaries

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Author : Antoine Grima
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-23

Sea Level Change And Maritime Boundaries written by Antoine Grima and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-23 with Law categories.

Climate change is modifying, in varying measure, the coastal geography of States. The phenomenon is not temporary but is expected to carry on during the 21st century and beyond. A distinctive feature of modern international law is the concept of maritime zones. Each maritime area is subject to an intricate scheme of States’ rights and obligations. Coastal geography is a fundamental component of a long-standing method, developed and agreed upon between States, to establish the outward limits of these areas. A feature of this method is the baseline. In international law it is the only reference line from where the outward limits of maritime zones are measured. There are clear rules on how this is established along a coast. There is a concern amongst a number of States that rising sea water levels as a result of climate change may compel them to shift their baselines inward thus affecting the outward limits of their maritime zones. It is clear that the stability of maritime boundaries is put into question and this may bring about serious political, legal and economic repercussions. This concern may also affect the outcome of dispute settlement procedures before a competent international court or tribunal the purpose of which is to resolve overlapping maritime claims. Key questions emerge. What is the role played by coastal geography in the legal regime determining the outward limits of maritime zones? What are the consequences of changes to coastal geography? To what extent are dispute settlement procedures before a Court or Tribunal immune from this concern? Is international law able to address this? If so, in what way and what are its limits? What can be done to resolve this?

International Law

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Author : Malcolm N. Shaw
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22

International Law written by Malcolm N. Shaw and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.

An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.

The International Law Of The Sea

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Author : Yoshifumi Tanaka
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-02

The International Law Of The Sea written by Yoshifumi Tanaka and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.

Provides clear, systematic and comprehensive coverage of fundamental and contemporary issues of the law of the sea.

Judging The Law Of The Sea

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Author : Natalie Klein
language : en
Publisher: Oxford University Press
Release Date : 2022-11-10

Judging The Law Of The Sea written by Natalie Klein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-10 with Law categories.

The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.