The Autonomy of Maritime Spaces

International Law › Shipping / Transportation Law

The Autonomy of Maritime Spaces

By Daniela Arrese
Brill Nijhoff October 2025

Specifications

ISBN-13
9789004740143
Publisher
Brill Nijhoff
Publication
October 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

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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.

Table of Contents

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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