Maritime Boundary Delimitation The Case Law

Maritime Boundary Delimitation  The Case Law

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

Author: Alex G. Oude Elferink

Publisher:

ISBN: 9781108424790

Category: Law

Page:

View: 164

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

Predictability and Flexibility in the Law of Maritime Delimitation

Predictability and Flexibility in the Law of Maritime Delimitation

21 Alex G Oude Elferink, T Henriksen, and SV Busch (eds), Maritime Boundary Delimitation: The Case Law Is It Consistent and Predictable? (Cambridge University Press, 2018). 22JI Charney et al (eds), International Maritime Boundaries, ...

Author: Yoshifumi Tanaka

Publisher: Bloomsbury Publishing

ISBN: 9781509912094

Category: Law

Page: 616

View: 607

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.
Categories: Law

Maritime Disputes and International Law

Maritime Disputes and International Law

Henriksen and Signe Veierud Busch (eds) Maritime Boundary Delimitation: The Case Law: Is it Consistent and Predictable? (Cambridge University Press 2018) 28–32. 149 Jonathan I Charney, 'Progress in International Maritime Boundary ...

Author: Constantinos Yiallourides

Publisher: Routledge

ISBN: 9781351240512

Category: Law

Page: 274

View: 307

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.
Categories: Law

The Border Dispute Between Croatia and Slovenia

The Border Dispute Between Croatia and Slovenia

In A. Oude Elferink, T. Henriksen, & S. Busch (Eds.), Maritime boundary delimitation: The case law. Is it consistent and predictable? (pp. 117–144). Cambridge: Cambridge University Press. Lando, M. (2017). The Croatia/Slovenia arbitral ...

Author: Thomas Bickl

Publisher: Springer Nature

ISBN: 9783030533335

Category: Political Science

Page: 373

View: 858

This book re-constructs the evolution of the border conflict between Croatia and Slovenia. The aim is to reveal the processes at work, the historical and contemporary circumstances, and the strategies and motives of the actors involved. The book highlights the roles of the European Union and of judicial third parties in the management of the conflict. Further, it considers the precedent-setting value of the Slovenian-Croatian conflict, the attempts at its resolution, and what they mean for the ongoing and prospective EU enlargement in South East Europe. Internal documents and interviews are at the heart of this process-tracing analysis, which discusses the third-party roles of the European Commission and the EU Council Presidency in 2008/2009 as a mediator-facilitator in the drafting stages of the arbitration agreement, and the judicial work of the arbitration tribunal and the EU Court of Justice. Lastly, the book offers policy recommendations on how to strengthen dispute resolution and solve current bilateral issues in the EU accession process.
Categories: Political Science

Maritime Claims and Boundary Delimitation

Maritime Claims and Boundary Delimitation

Marston G, The Stability of Land and Sea Boundary Delimitations in International Law in and Gerald H Blake (ed), Maritime ... and Signe Veierud Busch (eds), Maritime Boundary Delimitation: The Case Law Is it Consistent and Predictable?

Author: Nicholas A. Ioannides

Publisher: Routledge

ISBN: 9781000166194

Category: Law

Page: 330

View: 821

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.
Categories: Law

Maritime Delimitation as a Judicial Process

Maritime Delimitation as a Judicial Process

Maritime Boundary Delimitation – The Case Law: is it Consistent and Predictable? (CUP, 2018) 291; J-H Paik, 'The Role of Proportionality in Maritime Delimitation: State of the Jurisprudence' in HP Hestermeyer et al. (eds.) ...

Author: Massimo Lando

Publisher: Cambridge University Press

ISBN: 9781108497398

Category: Law

Page: 432

View: 99

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

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea

... Maritime Boundary Delimitation: The Case Law. Is it Consistent and Predictable? (Cambridge University Press: Cambridge, 2018), 62–91, at 67. Dispute concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in ...

Author: Tomas Heidar

Publisher: BRILL

ISBN: 9789004437753

Category: Law

Page: 500

View: 172

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Categories: Law

Investments in Conflict Zones

Investments in Conflict Zones

These are the archetype of maritime boundary delimitation disputes.25 It is worth mentioning that such disputes may also ... and Signe Veierud Busch (eds), Maritime Boundary Delimitation: The Case Law Is It Consistent and Predictable?

Author: Tobias Ackermann

Publisher: BRILL

ISBN: 9789004442832

Category: Law

Page: 540

View: 475

In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.
Categories: Law

Ocean Geopolitics

Ocean Geopolitics

Maritime Boundary Delimitation: The Case Law – Is It Consistent and Predictable? Cambridge: Cambridge University Press. Oude Elferink, Alex G, and Donald R Rothwell. 2004. Oceans Management in the 21st Century: Institutional Frameworks ...

Author: Østhagen, Andreas

Publisher: Edward Elgar Publishing

ISBN: 9781802201567

Category: Political Science

Page: 168

View: 630

In an era of turbulent ocean geopolitics, where environmental concerns and resource extraction are increasing interest in who owns what at sea, this timely book examines the international politics involved in how states delineate ownership and rights in the ocean.
Categories: Political Science

The Spratly Islands and International Law

The Spratly Islands and International Law

Maritime Boundary Delimitation: The Case Law: Is it Consistent and Predictable? (cup. 2018), 124–125. For the opposite opinion, see e.g., van Logchem, n 14, 195. Conciliation between The Democratic Republic of Timor- Leste and The ...

Author: Xuechan Ma

Publisher: BRILL

ISBN: 9789004504332

Category: Law

Page: 396

View: 724

The Spratly Islands and International Law examines legal solutions to problems arising from the absence of maritime boundaries in the Spratly Islands. The book draws on extensive sources of international law and formulates novel, concrete proposals for the way forward.
Categories: Law