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The Autonomy of Maritime Spaces

The Autonomy of Maritime Spaces

The Autonomy of Maritime Spaces

Author: Daniela Arrese
Publisher: Brill Nijhoff
ISBN: 9789004740143

Published In: October 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,609.30

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Description
Contents

Details

The law of the sea is dominated by a private property paradigm that portrays coastal states’ maritime spaces as mere appurtenances of a state’s land territory. This paradigm underlies a prominent interpretation of UNCLOS, which holds that maritime spaces are unstable and contingent upon the movements of the coast. This view, however, poses serious threats to the legal order of the oceans, especially in the face of climate change-induced sea-level rise. By contrast, this book advances that maritime spaces can be conceived as autonomous, that is, independent of the land’s physical changes and as part of the coastal state’s territory.

Preface

Table of Cases

Table of Instruments

List of Abbreviations

Introduction

Part 1 The Predominant Paradigm: Coastal States’ Maritime Spaces as Appurtenances of the Land

Chapter 1 The Relationship between Land and Sea: the Sea as Dependent on the Land

Chapter 2 Dealing with the Impacts of Sea-Level Rise on Maritime Spaces: the Contingency Doctrine

Chapter 3 Maritime Spaces as Appurtenances of the Land

Part 2 The New Paradigm: Autonomous Maritime Spaces

Chapter 4 A New Paradigm of Coastal States’ Maritime Spaces

Chapter 5 From Private Property to International Legal Rules: Origins and Persistence of the Predominant Paradigm on Maritime Spaces

Chapter 6 Maritime Spaces as Legal Constructions, Not Physical Appurtenances

Chapter 7 UNCLOS and the Autonomy of Maritime Spaces

Chapter 8 Maritime Spaces as Territory of the State

Conclusions

Bibliography

Index

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