Non-State Actors' Rights in Maritime Delimitation

Non-State Actors' Rights in Maritime Delimitation

Author: Marianthi Pappa

Publisher: Cambridge University Press

Published: 2021-07-08

Total Pages: 253

ISBN-13: 1108871763

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Most of the world's maritime boundary disputes involve privately held rights - relating to such matters as fishing, petroleum exploration and scientific research - that states have unilaterally granted to non-state actors in areas of overlapping national claims. An international lawyer would typically investigate the legality of a state's decision to create such rights without notifying or consulting its neighbour, and the legal consequences this action would have for the interests of the states concerned. Departing from this approach, Dr Marianthi Pappa examines such situations from the perspective of the non-state actors: what will happen to private rights in a disputed maritime area if it changes hands from state A to state B due to a subsequent delimitation treaty or judgment? Does the legal framework of maritime delimitation protect those rights effectively against a potential reallocation? To address these questions, the book considers the place that private rights have in land boundary-making.


Book Synopsis Non-State Actors' Rights in Maritime Delimitation by : Marianthi Pappa

Download or read book Non-State Actors' Rights in Maritime Delimitation written by Marianthi Pappa and published by Cambridge University Press. This book was released on 2021-07-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of the world's maritime boundary disputes involve privately held rights - relating to such matters as fishing, petroleum exploration and scientific research - that states have unilaterally granted to non-state actors in areas of overlapping national claims. An international lawyer would typically investigate the legality of a state's decision to create such rights without notifying or consulting its neighbour, and the legal consequences this action would have for the interests of the states concerned. Departing from this approach, Dr Marianthi Pappa examines such situations from the perspective of the non-state actors: what will happen to private rights in a disputed maritime area if it changes hands from state A to state B due to a subsequent delimitation treaty or judgment? Does the legal framework of maritime delimitation protect those rights effectively against a potential reallocation? To address these questions, the book considers the place that private rights have in land boundary-making.


Non-State Actors' Rights in Maritime Delimitation

Non-State Actors' Rights in Maritime Delimitation

Author: Marianthi Pappa

Publisher: Cambridge University Press

Published: 2021-07-08

Total Pages: 253

ISBN-13: 1108835228

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Critical analysis of the legal framework on maritime delimitation, with recommendations for the evolution of international law at sea.


Book Synopsis Non-State Actors' Rights in Maritime Delimitation by : Marianthi Pappa

Download or read book Non-State Actors' Rights in Maritime Delimitation written by Marianthi Pappa and published by Cambridge University Press. This book was released on 2021-07-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical analysis of the legal framework on maritime delimitation, with recommendations for the evolution of international law at sea.


Maritime Delimitation

Maritime Delimitation

Author: Rainer Lagoni

Publisher: BRILL

Published: 2006

Total Pages: 255

ISBN-13: 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.


Book Synopsis Maritime Delimitation by : Rainer Lagoni

Download or read book Maritime Delimitation written by Rainer Lagoni and published by BRILL. This book was released on 2006 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


A Practitioner's Guide to Maritime Boundary Delimitation

A Practitioner's Guide to Maritime Boundary Delimitation

Author: Stephen Fietta

Publisher: Oxford University Press

Published: 2016-03-24

Total Pages: 600

ISBN-13: 0191027057

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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 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.


Book Synopsis A Practitioner's Guide to Maritime Boundary Delimitation by : Stephen Fietta

Download or read book A Practitioner's Guide to Maritime Boundary Delimitation written by Stephen Fietta and published by Oxford University Press. This book was released on 2016-03-24 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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

Published: 2021-10-14

Total Pages: 353

ISBN-13: 1108830102

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


Book Synopsis The Rights and Obligations of States in Disputed Maritime Areas by : Youri van Logchem

Download or read book The Rights and Obligations of States in Disputed Maritime Areas written by Youri van Logchem and published by Cambridge University Press. This book was released on 2021-10-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive treatment of the rights and obligations of States within disputed maritime areas under international law.


Case Law on Equitable Maritime Delimitation

Case Law on Equitable Maritime Delimitation

Author: Robert Kolb

Publisher: Martinus Nijhoff Publishers

Published: 2003-01-01

Total Pages: 1208

ISBN-13: 9789041119766

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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.


Book Synopsis Case Law on Equitable Maritime Delimitation by : Robert Kolb

Download or read book Case Law on Equitable Maritime Delimitation written by Robert Kolb and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Maritime Delimitation as a Judicial Process

Author: Massimo Lando

Publisher: Cambridge University Press

Published: 2019-06-06

Total Pages: 435

ISBN-13: 110849739X

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


Book Synopsis Maritime Delimitation as a Judicial Process by : Massimo Lando

Download or read book Maritime Delimitation as a Judicial Process written by Massimo Lando and published by Cambridge University Press. This book was released on 2019-06-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.


Towards the Conceptualisation of Maritime Delimitation

Towards the Conceptualisation of Maritime Delimitation

Author: Nuno Marques Antunes

Publisher: BRILL

Published: 2022-05-16

Total Pages: 705

ISBN-13: 9004482059

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This new monograph on maritime delimitation by Dr. Nuno Antunes is based on a thesis submitted for the degree of Doctor of Philosophy at the University of Durham. The work is one of legal, political and technical analysis of an aspect of the law of the sea that is of current interest in all regions of the world.


Book Synopsis Towards the Conceptualisation of Maritime Delimitation by : Nuno Marques Antunes

Download or read book Towards the Conceptualisation of Maritime Delimitation written by Nuno Marques Antunes and published by BRILL. This book was released on 2022-05-16 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new monograph on maritime delimitation by Dr. Nuno Antunes is based on a thesis submitted for the degree of Doctor of Philosophy at the University of Durham. The work is one of legal, political and technical analysis of an aspect of the law of the sea that is of current interest in all regions of the world.


Maritime Boundary

Maritime Boundary

Author: S. P. Jagota

Publisher: Martinus Nijhoff Publishers

Published: 1985-07-08

Total Pages: 416

ISBN-13: 9789024731336

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With the fundamental changes which occurred in the political structure of Europe, & improved East--West relations in general, the Arctic has increasingly become the focal point of international attention during the last few years. Scientific research & environmental protection are areas which have already witnessed some form of international cooperation in the area. With this particular evolution in mind, a new look at the legal regime of navigation in the Arctic seems to be justified. While several other countries border on the Arctic, Canada & Russia have the most extensive shorelines & have shown keen interest in ensuring that their proper share of this area is not encroached by other countries. This book is thus generally restricted to an examination of the maritime boundaries that these states are claiming, & the extent to which other states have recognized them. It also explores the need for greater international cooperation in this area, not only between the two main contenders but also with other countries that have shown a special interest in Arctic navigation & in the exploitation of resources of this area.


Book Synopsis Maritime Boundary by : S. P. Jagota

Download or read book Maritime Boundary written by S. P. Jagota and published by Martinus Nijhoff Publishers. This book was released on 1985-07-08 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the fundamental changes which occurred in the political structure of Europe, & improved East--West relations in general, the Arctic has increasingly become the focal point of international attention during the last few years. Scientific research & environmental protection are areas which have already witnessed some form of international cooperation in the area. With this particular evolution in mind, a new look at the legal regime of navigation in the Arctic seems to be justified. While several other countries border on the Arctic, Canada & Russia have the most extensive shorelines & have shown keen interest in ensuring that their proper share of this area is not encroached by other countries. This book is thus generally restricted to an examination of the maritime boundaries that these states are claiming, & the extent to which other states have recognized them. It also explores the need for greater international cooperation in this area, not only between the two main contenders but also with other countries that have shown a special interest in Arctic navigation & in the exploitation of resources of this area.


Relevant Circumstances and Maritime Delimitation

Relevant Circumstances and Maritime Delimitation

Author: Malcolm D. Evans

Publisher: Oxford University Press, USA

Published: 1989

Total Pages: 288

ISBN-13:

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Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.


Book Synopsis Relevant Circumstances and Maritime Delimitation by : Malcolm D. Evans

Download or read book Relevant Circumstances and Maritime Delimitation written by Malcolm D. Evans and published by Oxford University Press, USA. This book was released on 1989 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.