Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
Title Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea PDF eBook
Author Seoung Yong Hong
Publisher BRILL
Pages 325
Release 2009
Genre Law
ISBN 9004173439

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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.

Maritime Delimitation

Maritime Delimitation
Title Maritime Delimitation PDF eBook
Author Rainer Lagoni
Publisher BRILL
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.

Maritime Delimitation as a Judicial Process

Maritime Delimitation as a Judicial Process
Title Maritime Delimitation as a Judicial Process PDF eBook
Author Massimo Lando
Publisher Cambridge University Press
Pages 435
Release 2019-06-06
Genre Law
ISBN 110849739X

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

Maritime Boundary Delimitation: The Case Law

Maritime Boundary Delimitation: The Case Law
Title Maritime Boundary Delimitation: The Case Law PDF eBook
Author Alex G. Oude Elferink
Publisher Cambridge University Press
Pages 456
Release 2018-03-15
Genre Law
ISBN 1108691897

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The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.

Handbook on the Delimitation of Maritime Boundaries

Handbook on the Delimitation of Maritime Boundaries
Title Handbook on the Delimitation of Maritime Boundaries PDF eBook
Author
Publisher United Nations, Division for Ocean Affairs and the Law of the Sea, Office of the Legal Affairs
Pages 0
Release 2000
Genre Baselines (Law of the sea)
ISBN 9789211336306

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The Handbook covers legal, technical and practical information deemed essential in negotiating maritime boundary delimitation between coastal states.It also contains information about the peaceful settlement of disputes where negotiations are unsuccessful and the states wish to avail themselves of the dispute settlement mechanism set out in the 1982 Convention on the Law of the Sea

Timor-leste/australia Conciliation, The: A Victory For Unclos And Peaceful Settlement Of Disputes

Timor-leste/australia Conciliation, The: A Victory For Unclos And Peaceful Settlement Of Disputes
Title Timor-leste/australia Conciliation, The: A Victory For Unclos And Peaceful Settlement Of Disputes PDF eBook
Author Hao Duy Phan
Publisher World Scientific
Pages 338
Release 2019-02-26
Genre Political Science
ISBN 9811202729

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On 11 April 2016, Timor-Leste initiated a compulsory non-binding conciliation proceeding against Australia under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS) on its maritime boundary dispute with Australia in the Timor Sea. On 6 March 2018, the parties signed a settlement treaty on the basis of the proposal of the Conciliation Commission. Two months later, the Conciliation Commission issued its report, marking the conclusion of the first ever conciliation proceeding under Annex V of UNCLOS.This book provides detailed analyses of the proceedings and a step-by-step account of the conciliation process, as well as its wider implications for dispute settlement under UNCLOS and beyond. The various chapters explore a wide range of issues, including an overview of conciliation as a means of dispute settlement and the conciliation procedure in UNCLOS, as well as the origins and historical background of the maritime boundary dispute between Timor-Leste and Australia. The book also provides a comprehensive examination of each step of the conciliation proceedings, including the role of the Conciliation Commission, the Conciliation Commission's Decision on Competence, the issue of joint development, and the Maritime Boundaries Treaty, which Timor-Leste and Australia concluded as the legal outcome of the conciliation proceedings. Critically, the book offers insightful perspectives from Australia and Timor-Leste on the conciliation process. The book is an important contribution to the research and analysis of the Timor Sea conciliation. As one of the first books on the case, it will raise awareness and bring more familiarity with conciliation as a viable and effective dispute settlement process, thereby encouraging states to consider conciliation as a means to settle their disputes.

The International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea
Title The International Tribunal for the Law of the Sea PDF eBook
Author Kriangsak Kittichaisaree
Publisher Oxford University Press, USA
Pages 241
Release 2021-01-21
Genre Law
ISBN 0198865295

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Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.