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Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.
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Continental shelf --- Plateau continental --- Continental margins --- Territorial waters --- Continental shelf.
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The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards , leading experts from around the world identify and explore a multitude of unresolved legal concerns related to the continental shelf. The current state of continental shelf activities is explored through the following lenses: • Contemporary uses, including an overview on offshore wind energy in the EU, an analysis of the use of submarine cables under UNCLOS, and a discussion of the varied potential for mining marine materials; • Emerging challenges, such as ISA seabed mining standards, the recent ITLOS decision regarding the Bay of Bengal, and the role of the IMO in establishing safety standards for transboundary effects of oil pollution for offshore platforms; • Comparative best practices in environmental regulation; • Probabilistic risk assessment, with a thorough definition of PRA and a critical examination of continental shelf disasters; • Decommissioning offshore installations and structures, including an overview of the global regime as particularly provided in Articles 60(3) and 80 of UNCLOS; • Liability and compensation; and finally, • Unfinished business on UNCLOS III. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.
Continental shelf --- Continental margins --- Territorial waters --- Law and legislation
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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.
Maritime boundaries --- Boundaries --- Territorial waters --- Maritime boundaries - Cases
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Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.
International law. --- Law. --- Maritime boundaries. --- Maritime boundaries --- Boundaries --- Territorial waters
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"This study provides political and economic analyses of current controversies in the South China Sea. It examines enduring territorial disputes, competing maritime claims, and the historical roots of regional mistrust. It also analyzes how such antagonisms affect the regional security structure and offers solutions to resolve the conflicts"--
Territorial waters --- Maritime boundaries --- South China Sea --- International status.
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In The Continental Shelf Beyond 200 Nautical Miles , Bjarni Már Magnússon explores various aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles and maritime boundary delimitations. Special emphasis is laid on the interplay between these processes and the role of coastal States, the Commission on the Limits of the Continental Shelf and international courts and tribunals in this regard. Magnússon convincingly argues that despite the possibility for tension to arise the relationship between the relevant institutions and processes is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
Continental shelf --- Territorial waters. --- Jurisdiction, Territorial. --- Measurement. --- United Nations.
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This book addresses the often vexed question of national maritime claims and the delimitation of international maritime boundaries.
Economic zones (Law of the sea) --- Territorial waters. --- Limit, Three-mile (Territorial waters) --- Marginal sea (Territorial waters) --- Maritime belt (Territorial waters) --- Territorial sea --- Three-mile limit (Territorial waters) --- Bodies of water --- Jurisdiction, Territorial --- Territory, National --- Contiguous zones (Law of the sea) --- Continental shelf --- Innocent passage (Law of the sea) --- Law of the sea --- Economic zones (Maritime law) --- Exclusive economic zones (Law of the sea) --- Patrimonial sea (Law of the sea) --- Territorial waters --- Economic zones (Law of the sea).
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Maritime Border Diplomacy , edited by Myron H. Nordquist and John Norton Moore, examines critical issues in international maritime boundary disputes together with the important global role of Indonesia, whose maritime boundaries are imperative to its sovereign status identity. Stressing the seminal importance of the UN Convention on the Law of the Sea to world order, international experts analyze root causes of boundary disputes including historical claims and competition for natural resources. Issues of preventative diplomacy and activism in maritime affairs are explored, as are legal issues arising in the context of creating zones of cooperation in the oceans. Practical issues in fisheries and environmental management, and the volatile questions involved in the South China Sea, are detailed. The volume concludes with a substantive presentation on dispute resolution mechanisms.
Territorial waters. --- Boundaries. --- Maritime boundaries --- LAW / International --- Boundaries --- Territorial waters --- Borders (Geography) --- Boundary lines --- Frontiers --- Geographical boundaries --- International boundaries --- Lines, Boundary --- Natural boundaries --- Perimeters (Boundaries) --- Political boundaries --- Borderlands --- Territory, National --- Limit, Three-mile (Territorial waters) --- Marginal sea (Territorial waters) --- Maritime belt (Territorial waters) --- Territorial sea --- Three-mile limit (Territorial waters) --- Bodies of water --- Jurisdiction, Territorial --- Contiguous zones (Law of the sea) --- Continental shelf --- Economic zones (Law of the sea) --- Innocent passage (Law of the sea) --- Law of the sea --- Maritime law
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The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law , internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.
Straits --- Law of the sea --- Channels, Sea --- Narrows (Straits) --- Passages (Straits) --- Sea channels --- Territorial waters
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