New PDF release: Predictability And Flexibility in the Law of Maritime

By Yoshifumi Tanaka

ISBN-10: 184113581X

ISBN-13: 9781841135816

ISBN-10: 1847311172

ISBN-13: 9781847311177

The significant concentration of this e-book is the hunt for a well-balanced felony approach that reconciles predictability and adaptability within the legislations of maritime delimitation. as with any forms of legislation, the legislations of maritime delimitation may still own a level of predictability. nevertheless, as maritime delimitation situations fluctuate, versatile concerns of geographical and non-geographical components also are required on the way to in attaining equitable effects. How, then, is it attainable to make sure predictability whereas considering a range of things that allows you to in achieving an equitable outcome? this is often the query on the center of the legislation of maritime delimitation. The publication addresses this factor extensive by way of 3 features of the query: first, through the 2 opposing and contrasting methods obtrusive within the evolution of the legislations of maritime delimitation; moment, by means of venture a comparative examine of the case-law and kingdom perform; and 3rd, by means of reading the theoretical difficulties underlying that case legislation.

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Extra resources for Predictability And Flexibility in the Law of Maritime Delimitation (Studies in International Law)

Example text

C. Issues of the Single Maritime Boundary Although there is no provision on the issue in the UN Convention on the Law of the Sea, it should be noted that an important problem arises relating to the delimitation of the EEZ/FZ and the continental shelf: that of the single maritime boundary, which would delimit the continental shelf and the FZ/EEZ by one line. 59 In fact, as the relevant factors relating to the sea-bed (the continental shelf) and to superjacent waters (the FZ) may be different, the delimitation lines of the continental shelf and the FZ may not necessarily coincide.

Nevertheless, the ICJ maintains the distinction between the delimitation and apportionment, see the Tunisia/Libya case, ICJ Reports 1982, 60, para 71; the Libya/Malta case, ICJ Reports 1985, 40, para 40; the Greenland/ Jan Mayen case, ICJ Reports 1993, 67, para 64. 51 The North Sea Continental Shelf cases, ICJ Reports 1969, 22, para 19. Concept of Maritime Delimitation 13 de novo of such an area. If this is so, the delimitation simply consists of discovering how far the natural prolongation of each State extends under the sea.

In addition, it mentioned natural resources and a reasonable degree of proportionality as elements to be taken into account. In so doing, it is clear that the Court considered the continental shelf delimitation to be constitutive, and not declaratory, ie, based solely on natural prolongation. In this connection, one may wonder that a delimitation could be a declaratory in the sense that there is only one ‘correct’ delimitation line for each set of geographical and non-geographical circumstances.

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Predictability And Flexibility in the Law of Maritime Delimitation (Studies in International Law) by Yoshifumi Tanaka


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