A Practitioner's Guide to Maritime Boundary Delimitation

Author: Stephen Fietta; Robin Cleverly
Publisher: Oxford University Press
ISBN: 9780199657476
Published In: March 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

SECTION I. COMMENTARY ON THE MODERN INTERNATIONAL LAW OF MARITIME BOUNDARY DELIMITATION

CONTEXT
B. Methodology
C. Practical Considerations

SECTION II. COMMENTARY ON JUDGMENTS AND AWARDS IN MARITIME BOUNDARY DELIMITATION DISPUTES

GERMAN FEDERAL REPUBLIC V. DENMARK, AND GERMAN FEDERAL REPUBLIC V. NETHERLANDS - THE NORTH SEA CONTINENTAL SHELF CASES (JUDGMENT OF 20 FEBRUARY 1969)
2. United Kingdom of Great Britain and Northern Ireland v. French Republic Case Concerning the Delimitation of the Continental Shelf Between the United Kingdom and France (Award of 30 June 1977)

EMIRATE OF DUBAI V. EMIRATE OF SHARJAH BOUNDARY DISPUTE BETWEEN DUBAI AND SHARJAH (AWARD OF 19 OCTOBER 1981)
4. Tunisia v. Libya Continental Shelf Case (Decision of 24 February 1982)
5. Canada v. The United States - Case Concerning the Delimitation of the Maritime Boundary in the Area of the Gulf of Maine (Decision of 12 October 1984)
6. Republic of Guinea v. Republic of Guinea-Bissau Case Concerning the Delimitation of the Maritime Boundary Between Guinea and Guinea-Bissau (Award of 17 February 1985)
7. Libya v. Malta Case Concerning the Continental Shelf (Decision of 3 June 1985)
8. Canada v. France Case Concerning the Delimitation of Maritime Spaces Between Canada and France (St. Pierre Et Miquelon) (Award of 10 June 1992)
9. Denmark v. Norway Case Concerning the Maritime Delimitation in the Area Between Greenland and Jan Mayen (Judgment of 14 June 1993)
10. Eritrea v. Republic of Yemen - Case of the Maritime Boundary Delimitation Between Eritrea and Yemen (Award of 17 December 1999)
11. Qatar v. Bahrain Case Concerning the Maritime Delimitation and Territorial Questions Between Qatar and Bahrain (Merits) (Judgment of 16 March 2001)
12. Cameroon v. Nigeria: Equatorial Guinea Intervening Case Concerning the Land and Maritime Boundary Between Cameroon and Nigeria (Judgment of 10 October 2002)
13. Barbados v. The Republic of Trinidad and Tobago (Award of 11 April 2006)
14. Guyana v. Suriname (Award of the Arbitral Tri17 September 2007)
15. Romania v. Ukraine Maritime Boundary Delimitation in the Black Sea (Award of 3 February 2009)
16. Nicaragua v. Honduras Territorial and Maritime Dispute Between Nicaragua and Honduras in the Caribbean Sea (Judgment of 8 October 2007)
17. Newfoundland and Labrador v. Nova Scotia Arbitration Between Newfoundland and Labrador and Nova Scotia Concerning Portions of the Limits of Their Offshore Areas as Defined in the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada-Newfoundland Atlantic Accord Implementation Act (Award of the Tribunal in the Second Phase, 26 March 2002)
18. Bangladesh v. Myanmar (Judgment of the International Tribunal for the Law of the Sea, 14 March 2012)
19. Nicaragua v. Colombia (Judgment of the International Court of Justice, 19 November 2012)
20. Peru v. Chile (Judgment of the International Court of Justice, 27 January 2014)
21. Bangladesh v. India (Award of 7 July 2014)
22. Croatia v. Slovenia (Judgment of [TBC])

SECTION III. UNRESOLVED ISSUES IN MARITIME DELIMITATION .
A. The subjectivity of base-point selection: a lurch towards a four-stage approach?
B. Identification of relevant coasts and relevant areas
C. Consistency of approach in the adjustment of provisional equidistance lines
D. Delimitation of the outer continental shelf