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Equitable Principles The Delimitation Of The Continental Shelf
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Book Synopsis Equitable Principles & the Delimitation of the Continental Shelf by : Sooraj Sharma
Download or read book Equitable Principles & the Delimitation of the Continental Shelf written by Sooraj Sharma and published by . This book was released on 2013 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the controversial areas of the International Law of the Seas is the delimitation of the maritime boundary of continental shelf between states with opposite or adjacent coasts. The 1958 Geneva Convention on the Continental Shelf established the equidistant principle, which became the accepted rule as regards the parties to the convention. As regards states which are not parties to the convention as has been the case predominantly in International adjudication bodies the rules of customary international law have to be employed. The first time a maritime dispute of such a nature was submitted to the International Court of the Justice was in the North Sea Continental Shelf Cases where it held that customary international law warrants the application of the rules of equity to delimitate the boundary of the continental shelf. Whereas the equidistant principle was applied in the Anglo French Arbitration. From an understanding of the decisions of the World Court and arbitral tribunals it appears there exists a divergence in opinion on which rule reflects customary international law the equitable principle or the equidistant principle? The object of this paper is summarily to determine at length how the principles of equity have developed and how far they would be applicable in disputes of such a nature with an insight into the India, Bangladesh and Myanmar dispute.
Book Synopsis Equitable Principles of Maritime Boundary Delimitation by : Thomas Cottier
Download or read book Equitable Principles of Maritime Boundary Delimitation written by Thomas Cottier and published by Cambridge University Press. This book was released on 2015-04-30 with total page 835 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.
Book Synopsis Case Law on Equitable Maritime Delimitation by : Robert Kolb
Download or read book Case Law on Equitable Maritime Delimitation written by Robert Kolb and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a complete overview of the jurisprudence on maritime delimitation. Each case is presented under a series of identical headings, so as simultaneously to provide the reader with a complete analysis of the individual case and a uniform measure of comparison with other cases. The headings are as follows: geographical context; submissions and arguments of the parties; specific features of the case; the judgement, broken down into its various elements; individual and dissenting opinions; and academic comment (together with a bibliography). The longest section on each case is that devoted to the judgement. The analysis of each relevant element (the role of third States, equity, equidistance, the displacement of a provisional line, islands, proportionality etc.) is presented in three ways: (1) a brief introductory part introducing, and offering a critique of, the essential features of the relevant part of the decision; (2) relevant extracts from the judgement; (3) commentaries (either brief or more developed, according to the needs of the case), that endeavour to bring out the substance of the judgement, in particular by drawing out the various consequences, making connections with previous and future cases so as to chart the development of the jurisprudence, and offering critical reflections. The book thus presents a complete panorama of the jurisprudential problems associated with maritime delimitation. The clarity and comprehensive nature of the presentation, and the quality of the commentaries, makes it an indispensable reference work for academics and for practitioners alike.
Book Synopsis Maritime Boundary Delimitation: The Case Law by : Alex G. Oude Elferink
Download or read book Maritime Boundary Delimitation: The Case Law written by Alex G. Oude Elferink and published by Cambridge University Press. This book was released on 2018-03-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Maritime Delimitation as a Judicial Process by : Massimo Lando
Download or read book Maritime Delimitation as a Judicial Process written by Massimo Lando and published by Cambridge University Press. This book was released on 2019-06-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Book Synopsis Harvard Law School Thesis by : Maurice David Blecher
Download or read book Harvard Law School Thesis written by Maurice David Blecher and published by . This book was released on 1978 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equitable Ocean Boundary Delimitation by : Kuncheng Fu
Download or read book Equitable Ocean Boundary Delimitation written by Kuncheng Fu and published by . This book was released on 1989 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equitable Delimitation of the Continental Shelf Between States by : Stephen Beaglehole
Download or read book Equitable Delimitation of the Continental Shelf Between States written by Stephen Beaglehole and published by . This book was released on 1982 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Relevant Circumstances and Maritime Delimitation by : Malcolm David Evans
Download or read book Relevant Circumstances and Maritime Delimitation written by Malcolm David Evans and published by Oxford University Press, USA. This book was released on 1989 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.
Book Synopsis Rights to Oceanic Resources by : Dorinda G. Dallmeyer
Download or read book Rights to Oceanic Resources written by Dorinda G. Dallmeyer and published by BRILL. This book was released on 2021-11-15 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Delimitation of the Continental Shelf by : Court of Arbitration (France and Great Britain)
Download or read book Delimitation of the Continental Shelf written by Court of Arbitration (France and Great Britain) and published by . This book was released on 1977 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Practitioner's Guide to Maritime Boundary Delimitation by : Stephen Fietta
Download or read book A Practitioner's Guide to Maritime Boundary Delimitation written by Stephen Fietta and published by Oxford University Press. This book was released on 2016 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Book Synopsis New Knowledge and Changing Circumstances in the Law of the Sea by : Tomas Heidar
Download or read book New Knowledge and Changing Circumstances in the Law of the Sea written by Tomas Heidar and published by BRILL. This book was released on 2020-09-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Book Synopsis Maritime Delimitation by : Rainer Lagoni
Download or read book Maritime Delimitation written by Rainer Lagoni and published by BRILL. This book was released on 2006 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Implications of the Concept of Equity in the New Law of the Sea by : Timo Knaebe
Download or read book The Implications of the Concept of Equity in the New Law of the Sea written by Timo Knaebe and published by GRIN Verlag. This book was released on 2006-08-10 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: B+, University of Dar es Salaam (Faculty of Law), course: Law of the Sea, language: English, abstract: Equity as a legal concept is a direct emanation of the idea of justice. It was however a long time, before this understanding broke way in municipal law, let alone that it became accepted by a majority in Public International Law, as the lawyers [in England] had a maxim that they would tolerate a ‘mischief’ [a failure of substantial justice in a particular case] rather than an ‘inconvenience’ [a breach of legal principle]. The parties to the case were however mostly not satisfied with such ‘inconvenience’ resulting from the ‘hard nosed’ municipal Common Law and started to seek redress from a higher authority — in this case the King of England. This (royal) remedy is based on the concept of ‘Equity,’ which — as understood in this paper — was applied to correct unjust outcomes and referred to considerations of fairness, and reasonableness. Eventually, the foremost municipal concept of Equity found entry into international jurisprudence. However, mostly civil law countries — whose approach towards Equity was and is more reluctant — were challenging this understanding, arguing that the Court “should work on the basis of existing rights,” in Public International Law a distinction of different ‘Equities’ was developed. As will be shown, the usage of some of these ‘Equities’ is highly controversial, whereas others are today nearly commonly accepted as part of today’s Public International Law.
Book Synopsis Continental Shelf Delimitation and Related Maritime Issues in the Persian Gulf by : Ahmad Razavi
Download or read book Continental Shelf Delimitation and Related Maritime Issues in the Persian Gulf written by Ahmad Razavi and published by BRILL. This book was released on 2021-09-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most significant characteristic of the Persian Gulf is the presence of huge oil-fields under the sea-bed of its shallow waters. On the other hand, the lack of understanding among the littoral states concerning the proper exploitation of these valuable resources has led to many conflicts, and is still considered as having a very high potential for conflict. This work clarifies the international legal rules applicable to the region with particular attention to the special characteristics of the Persian Gulf, such as ethnic conflicts, lack of defined land borders, presence of numerous islands, reefs and shoals and the presence of transboundary oil deposits. It consists of a collection of materials relating to the law of the sea, including both domestic and international rules, conventions, maritime agreements, state practice, the jurisprudence of the International Court of Justice and others. The study analyses all of these important factors in order to find an equitable solution to the problems facing the international community.
Book Synopsis The Law of Maritime Boundary Delimitation by : Alex G. Oude Elferink
Download or read book The Law of Maritime Boundary Delimitation written by Alex G. Oude Elferink and published by BRILL. This book was released on 2021-09-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an analysis of the maritime boundary delimitations of the Russian Federation. The focus of this analysis is the relationship between state practice and the rules of public international law applicable to the delimitation of maritime zones between neighboring states. A first part establishes the contents of the law in this field. The main part of the work concerns an analysis of the position of the Russian Federation on the rules of maritime delimitation law and the practice of this state in relation to the delimitation of specific maritime boundaries with neighboring states. The case study of the Russian Federation illustrates the significance of international law for the delimitation of maritime boundaries, while at the same time indicating the limits of the influence of the law on state behavior.
