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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Predictability and Flexibility in the Law of Maritime Delimitation 2nd ed isbn 9781509912117

Predictability and Flexibility in the Law of Maritime Delimitation


ISBN13: 9781841135816
ISBN: 184113581X
New Edition ISBN: 9781509912117
Published: May 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



The principal aim of this book is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation. 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 is also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a diversity of factors in order to achieve an equitable result?

This, according to the author, is the question at the heart of the law of maritime delimitation. The book addresses this issue in depth by looking at three aspects of the question: first by looking at the two opposing and contrasting approaches evident in the evolution of the law of maritime delimitation; second, by undertaking a comparative study of the case-law and State practice; and third, by examining the theoretical problems underlying that case law.

Subjects:
Public International Law
Contents:
Chapter I: Preliminary Considerations
Section I Nature of the Problem
Section II Concept of Maritime Delimitation
Part One: The Evolution of Law of Maritime Delimitation: Opposition of Two Basic Approaches
Chapter II: Law of Maritime Delimitation Prior to the 1958 Geneva Conventions: Emergence of Two Approaches
Section I Five Principal Systems of Maritime Delimitation
Section II Discussion at the Hague Conference for the Codification of International Law in 1930
Section III Summary
Chapter III: The 1958 Geneva Conventions and the 1982 UN Convention on the Law of the Sea
Section I The 1958 Geneva Conventions
Section II The 1982 UN Convention on the Law of the Sea
Chapter IV: Opposition of Two Approaches in the Case Law I: Continental Shelf Delimitation
Section I The North Sea Continental Shelf Cases (1969, Federal Republic of Germany/Denmark, the Netherlands)
Section II The Anglo-French Continental Shelf Case (France/United Kingdom, 1977)
Section III The Tunisia/Libya Case (1982)
Section IV The Libya/Malta Case (1985)
Chapter V: Opposition of Two Approaches in the Case Law II: Single/Coincident Maritime Boundaries
Section I The Gulf of Maine Case (United States/Canada, 1984)
Section II The Guinea/Guinea-Bissau Case (1985)
Section III The St Pierre and Miquelon Case (France/Canada, 1992)
Section IV The Greenland/Jan Mayen Case (Denmark/Norway, 1993)
Section V The Eritrea/Yemen Case: the Second Stage (1999)
Section VI The Qatar/Bahrain Case (Merits, 2001)
Section VII The Cameroon/Nigeria Case (Merits 2002)
Section VIII Two Approaches to Equitable Principles in the Case Law
Part Two: Comparative Analysis between the Case Law and State Practice
Chapter VI: Predictability in the Law of Maritime Delimitation: The Applicability of the Equidistance Method at the First Stage of Delimitation
Section I Method of Analysis
Section II Analysis of State Practice
Section III Analysis of the Case Law
Section IV Discussion
Chapter VII: Flexibility in the Law of Maritime Delimitation I: Geographical Factors
Section I The Concept of Flexibility
Section II Configuration of the Coast
Section III Proportionality
Section IV Presence of Islands
Section V Baselines
Section VI Geological and Geomorphological Factors
Section VII The Presence of Third States
Section VIII Position of Land Boundary
Section IX Presence of Ice
Chapter VIII: Flexibility in the Law of Maritime Delimitation II: Non-Geographical Factors
Section I Economic Factors
Section II Conduct of the Parties
Section III Historic Rights
Section IV Security Interests
Section V Navigation
Section VI Environmental Factors
Section VII Traditional Livelihood
Section VIII Summary
Part Three: Balance between Predictability and Flexibility in the Law of Maritime Delimitation
Chapter IX: Legal Framework Reconciling Predictability and Flexibility in the Law of Maritime Delimitation
Section I Tension between Predictability and Flexibility in the Law of Maritime Delimitation
Section II Identification of Relevant Circumstances
Section III Balancing Relevant Circumstances
Section IV The Quest for Reconciliation between Predictability and Flexibility in the Law of Maritime Delimitation
Chapter X: General Conclusion

Series: Hart Studies in International Law

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