Predictability and Flexibility in the Law of Maritime Delimitation, 2nd Edition

Author: Yoshifumi Tanaka
Publisher: Hart Publishing
ISBN: 9781509912117

Previous Edition ISBN: 9781841135816
Published In: November 2019
Format: Hardback , 356 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509952144

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The principal aim of this book is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation. 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 is also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a diversity of factors in order to achieve an equitable result?

This, according to the author, is the question at the heart of the law of maritime delimitation. The book addresses this issue in depth by looking at three aspects of the question: first by looking at the two opposing and contrasting approaches evident in the evolution of the law of maritime delimitation; second, by undertaking a comparative study of the case-law and State practice; and third, by examining the theoretical problems underlying that case law.

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

10. General Conclusion

Yoshifumi Tanaka is a Senior Lecturer in Law at the University of Westminster School of Law and a former Research Fellow at the Marine Law and Ocean Policy Centre, Martin Ryan Institute, National University of Ireland, Galway.

...the author has undertaken a detailed and well-documented comparative analysis of case law and State practice with regard to the development of maritime delimitation. The book is an excellent reference document with its comprehensive coverage of past cases and agreements, especially with regard to the identification and potential impact of relevant circumstances.
Dr Jim Ross
Oil, Gas and Energy Law Journal
Vol 4, no. 4, November 2006