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Maritime Boundary Delimitation: The Case Law - Is It Consistent and Predictable?

Edited by: Alex G. Oude Elferink, Tore Henriksen, Signe Veierud Busch

ISBN13: 9781108440943
Published: January 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £28.99
Hardback edition , ISBN13 9781108424790



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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.

  • Studies in depth the case law on maritime delimitation
  • Identifies inconsistencies in the case law on maritime delimitation
  • Critically engages with the case law and compares individual cases

Subjects:
Shipping, Transport and Maritime Law
Contents:
1. The judiciary and the law of maritime delimitation – setting the stage - Alex G. Oude Elferink, Tore Henriksen and Signe V. Busch
2. The delimitation of the territorial sea, the continental shelf and the EEZ: a comparative perspective - Davor Vidas
3. Entitlement to maritime zones and their delimitation: in the doldrums of uncertainty and unpredictability - Nuno Marques Antunes and Vasco Becker-Weinberg
4. The applicable law: the Geneva Convention on the continental shelf, the LOSC and customary international law - Donald McRae
5. Provisional measures and provisional arrangements - Natalie Klein
6. The role of equity, equitable principles and the equitable solution in maritime delimitation - Lucie Delabie
7. Relevant coasts and relevant area – the difficulty of developing general concepts in a case-specific context - Alex G. Oude Elferink
8. The provisional equidistance line: charting a course between objectivity and subjectivity - Coalter Lathrop
9. Relevant circumstances - Malcolm Evans
10. The case law's handling of issues concerning third states - Naomi Burke O'Sullivan
11. The disproportionality test in the law of maritime delimitation - Yoshifumi Tanaka
12. The delimitation of the continental shelf beyond 200nm: procedural issues - Signe V. Busch
13. The delimitation of the continental shelf beyond 200nm: substantive issues - Øystein Jensen
14. Conclusions – taking stock and looking ahead - Alex G. Oude Elferink, Tore Henriksen and Signe V. Busch