Suchergebnisse

Intro -- Title Page -- Copyright Page -- ACKNOWLEDGEMENTS -- Table of Contents -- CHRONOLOGICAL TABLE OF INTERNATIONAL INSTRUMENTS -- TABLE OF LEGISLATION -- TABLE OF CASES -- ABBREVIATIONS -- NOTE ON THE TRANSCRIPTION OF CYRILLIC -- INTRODUCTION -- INTRODUCTION -- 1. Objective and Outline of the Study -- 2. The Relationship of the Russian Federation and Other Former Soviet Republics to the Soviet Union -- PART 1 MARITIME DELIMITATION LAW -- INTRODUCTION -- CHAPTER I. State Practice concerning Maritime Delimitation -- 1. Introduction -- 2. Delimitation Provisions of the Geneva Conventions of 1958 -- 2.1. The Continental Shelf -- 2.1.1. The ILC Debate -- 2.1.2. The Debate at UNCLOS I -- 2.1.3. Interpretation of Article 6 in the Light of its Drafting History -- 2.2. The Territorial Sea -- 3. The LOS Convention -- 3.1. The Continental Shelf and the EEZ -- 3.1.1. Negotiations on Articles 74(1) and 83(1) -- 3.1.2. Interpretation of Articles 74(1) and 83(1) -- 3.1.3. The Settlement of Delimitation Disputes -- 3.1.4. Interim Measures Pending Agreement -- 3.1.5. Islands and Maritime Zones -- 3.2. The Territorial Sea -- 4. Bilateral Delimitation Agreements -- 5. National Legislation -- CHAPTER II. The Case Law concerning Maritime Delimitation -- 1. Introduction -- 2. The North Sea Continental Shelf Cases -- 2.1. The Judgment -- 2.2. Evaluation -- 3. The Anglo-French Continental Shelf Arbitration -- 3.1. The Decision -- 3.2. Evaluation -- 4. The Beagle Channel Arbitration -- 5. The Jan Mayen Conciliation -- 6. The Tunisia/Libya Continental Shelf Case -- 6.1. The Judgment -- 6.2. Evaluation -- 7. The Gulf of Maine Case -- 7.1. The Judgment -- 7.2. Evaluation -- 8. The Guinea/Guinea-Bissau Maritime Delimitation Arbitration -- 8.1. The Award -- 8.2. Evaluation -- 9. The Libya/Malta Continental Shelf Case -- 9.1. The Judgment -- 9.2. Evaluation.

A comprehensive regime for biodiversity in marine areas beyond national jurisdiction (ABNJ) is currently being negotiated at an intergovernmental conference convened by the United Nations. One of the aspects of the negotiations concerns the institutional arrangements of the treaty that is to be developed. Many activities in ABNJ currently are being regulated at the sectoral and/or regional level, raising the question how the institutional arrangements of the treaty are to interact with these existing frameworks. The article first provides some further information on the background to the current negotiations, then looks at the current status of those negotiations and next attempts to sort out and appraise the options for institutional arrangements. Three main approaches have been tabled: a global approach, a regional approach or a combination of the two. The article concludes that the institutional arrangements of the treaty may be the most critical element in accomplishing an effective regime for the sustainability of ABNJ.

States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction? -- This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.

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