Suchergebnisse

Preliminary Material -- Introduction -- Developing a Legal Regime for the Continental Shelf and Its Limits -- The Commission on the Limits of the Continental Shelf (clcs) -- International Disputes and Mechanisms for Their Settlement -- Involvement by Other States in Case of Disputes Relating to an ocs Submission -- Continental Shelf Delimitation Disputes -- Disputes Concerning the Title to Territory -- Disputes Concerning the Interpretation or Application of the losc -- Disputes Due to Other Treaty Obligations: The Antarctic Treaty -- Involvement By Other States outside the Scope of Rule 46 -- The clcs and the Role of Non-parties to the losc -- Disputes Relating to ocs Limits Not Established 'on the basis of' clcs Recommendations -- Disputes Relating to 'final and binding' ocs Limits -- Conclusions and Observations -- Appendix I: Continental Shelf Submissions and Reactions by Other States -- Appendix II: Preliminary Information and Other States' Reactions -- Appendix III: Current Non-parties to the losc -- Bibliography -- Index.

It is a long known fact that climate change will result in sea level rise and dramatically changed coastlines for a number of coastal States, and the physical consequences of sea level rise are most likely unavoidable for several coastal States due to their geographical location, size and topography. It is highly debatable whether the Law of the Sea Convention is equipped for dealing with the current challenges of sea level rise and maritime limits, and it may be argued that its rule of ambulatory baselines may contribute to loss of territory, relocation of maritime zones, uncertainty and instability.
This article investigates the current status of the law regulating maritime limits which may be affected by sea level rise, and argues that the best solution is to adapt the law within the current legal framework of the Law of the Sea, by undertaking a liberal interpretation of the already existing provisions of the LOSC, instead of invoking the amendment procedures of the LOSC, a new supplementary agreement or creating new customary law. In particular, the article explores the option of re-interpreting the law of baselines in Article 7, offering an adapting measure that mitigates the climate change effects on sea level rise. It is argued that a liberal interpretation of the LOSC can contribute to increased stability and juridical protection of the maritime entitlements for some of the States suffering the consequences of sea level rise.

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