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Alex G. Oude Elferink's detailed analysis of the negotiations
between Denmark, Germany and The Netherlands concerning the
delimitation of their continental shelf in the North Sea makes use
of the full range of government archives in these three States. He
looks at the role of international law in policy formulation and
negotiations, and explores the legal context, political
considerations and, in particular, oil interests which fed into
these processes. He also explains why the parties decided to submit
their disputes to the International Court of Justice and looks at
the preparation of their pleadings and litigation strategy before
the Court. The analysis shows how Denmark and The Netherlands were
able to avoid the full impact of the implications of the Court's
judgment by sidestepping legal arguments and insisting instead on
political considerations.
The law of maritime delimitation has been mostly developed through
the case law of the International Court of Justice and other
tribunals. In the past decade there have been a number of cases
that raise questions about the consistency and predictability of
the jurisprudence concerning this sub-field of international law.
This book investigates these questions through a systematical
review of the case law on the delimitation of the continental shelf
and the exclusive economic zone. Comprehensive coverage allows for
conclusions to be drawn about the case law's approach to the
applicable law and its application to the individual case. Maritime
Boundary Delimitation: The Case Law will appeal to scholars of
international dispute settlement as well as practitioners and
academics interested in the law concerning the delimitation of
maritime boundaries.
The law of maritime delimitation has been mostly developed through
the case law of the International Court of Justice and other
tribunals. In the past decade there have been a number of cases
that raise questions about the consistency and predictability of
the jurisprudence concerning this sub-field of international law.
This book investigates these questions through a systematical
review of the case law on the delimitation of the continental shelf
and the exclusive economic zone. Comprehensive coverage allows for
conclusions to be drawn about the case law's approach to the
applicable law and its application to the individual case. Maritime
Boundary Delimitation: The Case Law will appeal to scholars of
international dispute settlement as well as practitioners and
academics interested in the law concerning the delimitation of
maritime boundaries.
Alex G. Oude Elferink's detailed analysis of the negotiations
between Denmark, Germany and The Netherlands concerning the
delimitation of their continental shelf in the North Sea makes use
of the full range of government archives in these three States. He
looks at the role of international law in policy formulation and
negotiations, and explores the legal context, political
considerations and, in particular, oil interests which fed into
these processes. He also explains why the parties decided to submit
their disputes to the International Court of Justice and looks at
the preparation of their pleadings and litigation strategy before
the Court. The analysis shows how Denmark and The Netherlands were
able to avoid the full impact of the implications of the Court's
judgment by sidestepping legal arguments and insisting instead on
political considerations.
Human activities have taken place in the world's oceans and seas
for most of human history. With such a vast number of ways in which
the oceans can be used for trade, exploited for natural resources
and fishing, as well as concerns over maritime security, the legal
systems regulating the rights and responsibilities of nations in
their use of the world's oceans have long been a crucial part of
international law. The United Nations Convention on the Law of the
Sea comprehensively defined the parameters of the law of the sea in
1982, and since the Convention was concluded it has seen
considerable development. This Oxford Handbook provides a
comprehensive and original analysis of its current debates and
controversies, both theoretical and practical. Written by over
forty expert and interdisciplinary contributors, the Handbook sets
out how the law of the sea has developed, and the challenges it is
currently facing. The Handbook consists of forty chapters divided
into six parts. First, it explains the origins and evolution of the
law of the sea, with a particular focus upon the role of key
publicists such as Hugo Grotius and John Selden, the gradual
development of state practice, and the creation of the 1982 UN
Convention. It then reviews the components which comprise the
maritime domain, assessing their definition, assertion, and
recognition. It also analyses the ways in which coastal states or
the international community can assert control over areas of the
sea, and the management and regulation of each of the maritime
zones. This includes investigating the development of the
mechanisms for maritime boundary delimitation, and the decisions of
the International Tribunal for the Law of the Sea. The Handbook
also discusses the actors and intuitions that impact on the law of
the sea, considering their particular rights and interests, in
particular those of state actors and the principle law of the sea
institutions. Then it focuses on operational issues, investigating
longstanding matters of resource management and the integrated
oceans framework. This includes a discussion and assessment of the
broad and increasingly influential integrated oceans management
governance framework that interacts with the traditional law of the
sea. It considers six distinctive regions that have been pivotal to
the development of the law of the sea, before finally providing a
detailed analysis of the critical contemporary issues facing the
law of the sea. These include threatened species, climate change,
bioprospecting, and piracy. The Handbook will be an invaluable and
thought-provoking resource for scholars, students, and
practitioners of the law of the sea.
Human activities have taken place in the world's oceans for most of
human history. With the oceans being used for trade, being
exploited for fisheries and mineral resources extraction, and
becoming the focal point for security crises, the legal regime
regulating the rights and responsibilities of nations in their use
of the world's oceans has long been a crucial part of international
law. The United Nations Convention on the Law of the Sea
comprehensively defined the parameters of the law of the sea in
1982, and since the Convention was concluded it has seen
considerable development. This Oxford Handbook provides a
comprehensive and original analysis of its current debates and
controversies, both theoretical and practical. Written by thirty
nine expert contributors, the Handbook sets out how the law of the
sea has developed, and the challenges it is currently facing. It is
an invaluable and thought-provoking resource for scholar, students,
and practitioners of the law of the sea.
Now in its 16th year, the "NILOS Documentary Yearbook" provides the
reader with an excellent collection of documents related to ocean
affairs and the law of the sea, issued each year by organizations,
organs and bodies of the United Nations system. Documents of the UN
General Assembly, Meeting of States Parties to the UN Law of the
Sea Convention, CLCS, ISBA, ITLOS, Follow-Up to the UN Small Island
States Conference, ECOSOC, UNEP and UNCTAD are included first,
followed by the documents of FAO, IAEA, ILO, IMO and UNESCO/IOC. As
in the previous volumes, documents which were issued in the course
of 2000 are reproduced, while other relevant documents are listed.
The "NILOS Documentary Yearbook" has proved to be of invaluable
assistance in facilitating access by the international community of
scholars and practitioners in ocean affairs and the law of the sea
to essential documentation. The entry of the 1992 UN Law of the Sea
Convention into force on 16 November 1994 and of the Part XI
Agreement - on 28 July 1996, as well as of the UN Fish Stocks
Agreement - on 11 December 2001, coupled with the review of the
UNCED Agenda 21 at the 2002 Johannesburg World Summit, make
continuation of this assistance of particular significance in the
years to come. The members of the "Yearbook"'s Advisory Board are:
Judges Abdul Koroma and Shigeru Oda of the ICJ, UNDOALOS Director
Mrs. Annick de Marffy, Judges Thomas Mensah, Dolliver Nelson and
Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward
Brown, Lee Kimball, Bernard Oxman and Shabtai Rosenne.
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