[PDF] Influence Of Islands In Maritime Boundaries eBook

Author : Guillermo Bouroncle
Publisher : LAP Lambert Academic Publishing
Page : 92 pages
File Size : 38,23 MB
Release : 2012-03
Category : Ecuador
ISBN : 9783848439959

GET BOOK

Five-sevenths of the globe are covered by the sea. In the oldest civilizations the sea was mainly used for navigation and fishing purposes, and then for transportation and commerce. Later, since the sixteenth century the sea was used for the purposes of discovery and conquest of new lands beyond the horizon. Boundary disputes have been present for centuries. The focal point of this work is the question related to the maritime boundary between Ecuador and Peru taking into consideration the official position, the relationship between the rules of international law, state practice and jurisprudence, the evaluation of the considerations for settling the maritime boundary between Ecuador and Peru, and the proposal of actions for the solution of the disagreement. As the first step for delimitation purposes the ICJ has shown a clear tendency to apply the principle of equidistance for delimitation purposes, and then special circumstances (like the presence of islands) have often been taken into consideration in order to achieve an equitable solution. Among special circumstances islands have always played a special role.

Author : Seoung Yong Hong
Publisher : BRILL
Page : 325 pages
File Size : 22,9 MB
Release : 2009
Category : Law
ISBN : 9004173439

GET BOOK

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.

Author : Alex G. Oude Elferink
Publisher : BRILL
Page : 480 pages
File Size : 30,21 MB
Release : 2021-09-27
Category : Law
ISBN : 9004482229

GET BOOK

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.

Author : Clive H. Schofield
Publisher : Martinus Nijhoff Publishers
Page : 812 pages
File Size : 28,64 MB
Release : 2013-11-28
Category : Law
ISBN : 9004262598

GET BOOK

The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Author : Massimo Lando
Publisher : Cambridge University Press
Page : 435 pages
File Size : 33,20 MB
Release : 2019-06-06
Category : Law
ISBN : 110849739X

GET BOOK

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

Author : Stephen Fietta
Publisher : Oxford University Press
Page : 720 pages
File Size : 22,41 MB
Release : 2016
Category : Law
ISBN : 0199657475

GET BOOK

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.

Author : Rainer Lagoni
Publisher : BRILL
Page : 255 pages
File Size : 33,7 MB
Release : 2006
Category : Law
ISBN : 9004150331

GET BOOK

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.

Author : Sean D. Murphy
Publisher : BRILL
Page : 383 pages
File Size : 19,15 MB
Release : 2019-03-25
Category : Law
ISBN : 9004361545

GET BOOK

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

Author : Gemma Andreone
Publisher : Springer
Page : 278 pages
File Size : 31,86 MB
Release : 2017-03-30
Category : Law
ISBN : 3319512749

GET BOOK

This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.