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Maritime Boundary Dispute Settlement
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Book Synopsis Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea by : Seoung Yong Hong
Download or read book Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea written by Seoung Yong Hong and published by BRILL. This book was released on 2009 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Book Synopsis Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea by : Jon M. van Dyke
Download or read book Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea written by Jon M. van Dyke and published by BRILL. This book was released on 2009-03-16 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Book Synopsis The Continental Shelf Beyond 200 Nautical Miles by : Bjarni Már Magnússon
Download or read book The Continental Shelf Beyond 200 Nautical Miles written by Bjarni Már Magnússon and published by Hotei Publishing. This book was released on 2015-05-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Dispute Resolution in the Law of the Sea by : Igor V. Karaman
Download or read book Dispute Resolution in the Law of the Sea written by Igor V. Karaman and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.
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 455 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 Timor-leste/australia Conciliation, The: A Victory For Unclos And Peaceful Settlement Of Disputes by : Phan Hao Duy
Download or read book Timor-leste/australia Conciliation, The: A Victory For Unclos And Peaceful Settlement Of Disputes written by Phan Hao Duy and published by World Scientific. This book was released on 2019-02-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 11 April 2016, Timor-Leste initiated a compulsory non-binding conciliation proceeding against Australia under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS) on its maritime boundary dispute with Australia in the Timor Sea. On 6 March 2018, the parties signed a settlement treaty on the basis of the proposal of the Conciliation Commission. Two months later, the Conciliation Commission issued its report, marking the conclusion of the first ever conciliation proceeding under Annex V of UNCLOS.This book provides detailed analyses of the proceedings and a step-by-step account of the conciliation process, as well as its wider implications for dispute settlement under UNCLOS and beyond. The various chapters explore a wide range of issues, including an overview of conciliation as a means of dispute settlement and the conciliation procedure in UNCLOS, as well as the origins and historical background of the maritime boundary dispute between Timor-Leste and Australia. The book also provides a comprehensive examination of each step of the conciliation proceedings, including the role of the Conciliation Commission, the Conciliation Commission's Decision on Competence, the issue of joint development, and the Maritime Boundaries Treaty, which Timor-Leste and Australia concluded as the legal outcome of the conciliation proceedings. Critically, the book offers insightful perspectives from Australia and Timor-Leste on the conciliation process. The book is an important contribution to the research and analysis of the Timor Sea conciliation. As one of the first books on the case, it will raise awareness and bring more familiarity with conciliation as a viable and effective dispute settlement process, thereby encouraging states to consider conciliation as a means to settle their disputes.
Book Synopsis Maritime Boundary Dispute Settlement - Treaty, with Agreements, Between the United States of America and Canada by : United States. Department of State
Download or read book Maritime Boundary Dispute Settlement - Treaty, with Agreements, Between the United States of America and Canada written by United States. Department of State and published by . This book was released on 1979 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Peaceful Management of Maritime Disputes by : James Kraska
Download or read book Peaceful Management of Maritime Disputes written by James Kraska and published by Taylor & Francis. This book was released on 2023-03-23 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.
Book Synopsis Maritime Disputes and International Law by : Constantinos Yiallourides
Download or read book Maritime Disputes and International Law written by Constantinos Yiallourides and published by Routledge. This book was released on 2019-05-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.
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 2016-03-24 with total page 767 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 over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, 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 Maritime Boundary - Dispute Settlement - Treaty, With Agreements, Between the United States of America and Canada, Signed at Washington March 29, 1979 by : United States. Department of State
Download or read book Maritime Boundary - Dispute Settlement - Treaty, With Agreements, Between the United States of America and Canada, Signed at Washington March 29, 1979 written by United States. Department of State and published by . This book was released on 1982 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Dispute Settlement in the UN Convention on the Law of the Sea by : Natalie Klein
Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.
Book Synopsis Maritime Disputes in the Eastern Mediterranean by : Roudi Baroudi
Download or read book Maritime Disputes in the Eastern Mediterranean written by Roudi Baroudi and published by Brookings Institution Press. This book was released on 2020-05-31 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ways and means described in this book constitute a road map for responsible members of the international community to work together, reduce tensions, resolve differences over maritime boundaries peacefully, and reap the rewards of a safer, stabler, and more prosperous world. This volume shows that the UN and its associated treaties, courts, and other institutions have developed a body of laws, rules, and procedures guiding the way to negotiated, peaceful outcomes. Mr. Baroudi’s book also points to rapid advances of science and technology that take much of the guesswork out of boundary delineation, making this route more reliable and user-friendly than ever before. The successful use of these mechanisms would set a useful example for the resolution of boundary disputes in other regions of the world. That, in turn would restore confidence in the international rules-based system and could pave the way for the settling of some of the world’s most troubling and dangerous disputes.
Book Synopsis The International Tribunal for the Law of the Sea by : Kriangsak Kittichaisaree
Download or read book The International Tribunal for the Law of the Sea written by Kriangsak Kittichaisaree and published by Oxford University Press, USA. This book was released on 2021-01-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.
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 Developments in the Technical Determination of Maritime Space by : Chris Carleton
Download or read book Developments in the Technical Determination of Maritime Space written by Chris Carleton and published by IBRU. This book was released on 2002 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
