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The Rights and Obligations of States in Disputed Maritime Areas

The Rights and Obligations of States in Disputed Maritime Areas
Author: Youri van Logchem
Publisher: Cambridge University Press
Total Pages: 353
Release: 2021-10-14
Genre: Law
ISBN: 1108904912

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Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.


The Rights and Obligations of States in Disputed Maritime Areas

The Rights and Obligations of States in Disputed Maritime Areas
Author: Youri van Logchem
Publisher: Cambridge University Press
Total Pages: 353
Release: 2021-10-14
Genre: Law
ISBN: 1108830102

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A comprehensive treatment of the rights and obligations of States within disputed maritime areas under international law.


The Continental Shelf Beyond 200 Nautical Miles

The Continental Shelf Beyond 200 Nautical Miles
Author: Joanna Mossop
Publisher: Oxford University Press
Total Pages: 310
Release: 2016-12-22
Genre: Law
ISBN: 0191078697

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Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.


Stress Testing the Law of the Sea

Stress Testing the Law of the Sea
Author: Stephen Minas
Publisher: BRILL
Total Pages: 377
Release: 2018-09-06
Genre: Law
ISBN: 9004352929

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In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.


Maritime Disputes and International Law

Maritime Disputes and International Law
Author: Constantinos Yiallourides
Publisher: Routledge
Total Pages: 274
Release: 2019-05-20
Genre: Law
ISBN: 135124051X

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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.


New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea
Author: Tomas Heidar
Publisher: BRILL
Total Pages: 498
Release: 2020-09-07
Genre: Law
ISBN: 9004437754

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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.


A Practitioner's Guide to Maritime Boundary Delimitation

A Practitioner's Guide to Maritime Boundary Delimitation
Author: Stephen Fietta
Publisher: Oxford University Press
Total Pages: 720
Release: 2016
Genre: Law
ISBN: 0199657475

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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 Delimitation

Maritime Delimitation
Author: Rainer Lagoni
Publisher: BRILL
Total Pages: 255
Release: 2006
Genre: Law
ISBN: 9004150331

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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.


Human Rights Norms in ‘Other' International Courts

Human Rights Norms in ‘Other' International Courts
Author: Martin Scheinin
Publisher: Cambridge University Press
Total Pages: 517
Release: 2019-07-25
Genre: Law
ISBN: 1108499732

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Examines the role and impact of human rights norms in international courts other than human rights courts