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

by Alex G. Oude Elferink (Editor), Tore Henriksen (Editor), Signe Veierud Busch (Editor)

Overview

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.

Product Details

ISBN-13:	9781108440943
Publisher:	Cambridge University Press
Publication date:	01/02/2020
Pages:	453
Product dimensions:	5.91(w) x 9.06(h) x 0.91(d)

About the Author

Alex G. Oude Elferink is a Professor of Law at the K. G. Jebsen Centre for the Law of the Sea, University of Tromsø and Director at the Netherlands Institute for the Law of the Sea, School of Law, Utrecht University.

Tore Henriksen is a Professor of Law at the K. G. Jebsen Centre for the Law of the Sea, University of Tromsø.

Signe Veierud Busch is a post-doctoral research fellow at the K. G. Jebsen Centre for the Law of the Sea, University of Tromsø.

Table of 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