Predictability and Flexibility in the Law of Maritime Delimitation

Author: Yoshifumi Tanaka
Publisher: Hart Publishing
ISBN: 9781509952144

Published In: June 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509912117

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Description
Contents

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This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.

1. Preliminary Considerations

PART I: THE EVOLUTION OF THE LAW OF MARITIME DELIMITATION: OPPOSITION OF TWO BASIC APPROACHES

2. Law of Maritime Delimitation Prior to the 1958 Geneva Conventions: Emergence of Two Approaches

3. The 1958 Geneva Conventions and the 1982 UN Convention on the Law of the Sea

4. The Methodology of Maritime Delimitation in the Jurisprudence I: Continental Shelf Delimitation

5. The Methodology of Maritime Delimitation in the Jurisprudence II: Single/Coincident Maritime Boundaries

PART II: COMPARATIVE ANALYSIS BETWEEN THE CASE LAW AND STATE PRACTICE

6. Predictability in the Law of Maritime Delimitation: The Applicability of the Equidistance Method at the First Stage of Delimitation

7. Flexibility in the Law of Maritime Delimitation I: Geographical Factors

8. Flexibility in the Law of Maritime Delimitation II: Non-Geographical Factors

PART III: BALANCE BETWEEN PREDICTABILITY AND FLEXIBILITY IN THE LAW OF MARITIME DELIMITATION

9. Legal Framework Reconciling Predictability and Flexibility in the Law of Maritime Delimitation