Fr. 235.00

Maritime Disputes and International Law - Disputed Waters and Seabed Resources in Asia and Europe

English · Hardback

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Informationen zum Autor Dr Constantinos Yiallourides is the Arthur Watts Research Fellow in Public International Law at the British Institute of International and Comparative Law, specialising in maritime and territorial disputes. He advises States, international organisations and other entities on matters of international law. Zusammenfassung The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. Inhaltsverzeichnis Table of contents Table of contents List of figures List of cases List of abbreviations Preface Acknowledgements Chapter 1: Introduction Background to this book International cooperation over seabed activities? Why now? Goals of this book Structure of this book Chapter 2: The International Law of Maritime Boundary Delimitation Introduction The role of seabed activities in the development of the law of the sea Assessing the efforts to codify the law of maritime delimitation The 1958 United Nations Conference on the Law of the Sea The Third United Nations Conference on the Law of the Sea (1973–1982) Maritime boundary delimitation before international courts and tribunals Introduction The equitable principles/relevant circumstances method Moving towards a more certain delimitation methodology? The increasing importance of equidistance Drawing a single EEZ and continental shelf boundary The prominence of geography Relevant circumstances when drawing a single EEZ/continental shelf boundary Conclusion Chapter 3: The Aegean Sea Maritime Delimitation Dispute Introduction Geographical characteristics Maritime claims and applicable law Territorial sea claims Continental shelf claims EEZ claims Method of delimitation advanced by Greece Method of delimitation advanced by Turkey Questions of maritime delimitation in the Aegean Sea Zone-generating capacity of islands ‘Rocks’ ‘Cannot sustain human habitation or economic life of their own’ The role and effect of islands in maritime boundary delimitation Introduction Discernible principles or approaches Discounting islands as base points Granting islands reduced effect Island enclaves Combination of approaches Implications for the Aegean Sea Seabed resources in the Aegean Sea Conclusion Chapter 4: The East China Sea Maritime Delimitation Dispute Introduction Geographical and geomorphological characteristics Maritime claims and applicable law China Taiwan Japan South Korea Delimitation questions in the East China Sea China’s outer continental shelf submission to the CLCS The role of geology and geomorphology in maritime boundary delimitation Jurisprudence State practice Timor Sea Japan’s practice towards South Korea Senkaku/Diaoyu islands and Article 121(3) of UNCLOS Introduction Application of Article 121(3) of UNCLOS to Senkaku/Diaoyu islands Effect of Senkaku/Diaoyu islands on maritime boundary delimitation Oil and gas development in the East China Sea Conclusion Chapter 5: Unilateral Seabed Activities in Disputed Waters Introduction Maritime spaces under overlapping ‘sovereign rights’ Rights and obligations of States pending resolution of overlapping claims Obligation to make every effort to conclude provisional arrangements Obligation to make every effort not to aggravate the dispute Lessons to be learned Objective criteria are useful but much depends on the context More scope for...

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