Maritime Boundary Delimitation The Case Law
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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.
The Law Of Maritime Boundary Delimitation
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Author : Alex G. Oude Elferink
language : en
Publisher: BRILL
Release Date : 2021-09-27
The Law Of Maritime Boundary Delimitation written by Alex G. Oude Elferink and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
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.
Case Law On Equitable Maritime Delimitation
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Author : Robert Kolb
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2003-01-01
Case Law On Equitable Maritime Delimitation written by Robert Kolb and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
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.
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.
Equitable Principles Of Maritime Boundary Delimitation
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Author : Thomas Cottier
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30
Equitable Principles Of Maritime Boundary Delimitation written by Thomas Cottier 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 2015-04-30 with Business & Economics categories.
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.
Maritime Delimitation
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Author : Rainer Lagoni
language : en
Publisher: BRILL
Release Date : 2006
Maritime Delimitation written by Rainer Lagoni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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.
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.
Maritime Boundary Disputes Settlement Processes And The Law Of The Sea
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Author : Seoung Yong Hong
language : en
Publisher: BRILL
Release Date : 2009
Maritime Boundary Disputes Settlement Processes And The Law Of The Sea written by Seoung Yong Hong and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Predictability And Flexibility In The Law Of Maritime Delimitation
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Author : Yoshifumi Tanaka
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-14
Predictability And Flexibility In The Law Of Maritime Delimitation written by Yoshifumi Tanaka and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-14 with Law categories.
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.