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The Juridical Bay (Hardcover)
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The Juridical Bay (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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This first work in the new Oxford Monographs in International Law
Series to be edited by Ian Brownlie, QC, FBA, is a study of
juridical bays. In 1958, against a backdrop of increasing
international tensions regarding rights to and control of waters
enclosed by coastal indentations, the world community, in a
historic compromise reached under United Nations auspices, adopted
Article 7 of the Geneva Convention "On the Territorial Sea and the
Contiguous Zone." Recognizing the need to balance the
self-protective interests of coastal states and the international
interests of a harmonious world community, the signatories to
Article 7 decided, in effect, that once the water enclosed within a
coastal indentation met the requirements set out under Article 7,
an irrebutable presumption had been raised that the claimant state
owned these waters as a matter of right against all other states.
Well-drafted and remarkably unambiguous, Article 7 should have
resolved the issue of unreasonably expansive bay claims forever,
but, in fact, it did not. Disputes continued to arise. In the
twenty years since its adoption, despite continuing national and
international disputes, Article 7 has not received the analysis
necessary to help it become a more reliable basis for conflict
resolution in cases involving complex coastal configurations. This
study, the first major examination of Article 7, interprets both
its text and context and more importantly, offers solutions to some
of the problems that continue to make the question of coastal
bay-type waters sources of national and international conflict.
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