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Predictability and Flexibility in the Law of Maritime Delimitation


ISBN13: 9781509952144
Published: June 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £41.99
Hardback edition , ISBN13 9781509912117



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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.

Subjects:
Shipping, Transport and Maritime Law, Public International Law
Contents:
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

Series: Studies in International Law

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