Analysis strategic, legal aspects of turkeylibya deal. Maritime boundary delimitation is a complicated subject, because of both the number of real and potential boundary situations throughout the world, and the complexities of the delimitation process. May 31, 2016 the delimitation of maritime areas between neighbours is of vital importance in that it provides for stable and longlasting relations. Delimitation of maritime boundaries between adjacent states. Bangladesh vs myanmar on delimitation of maritime boundary. Boundary agreements may take years to develop, often involving thirdparty mediation.
The law of maritime delimitation has been mostly developed through the. Latest developments maritime delimitation in the black. The dispute concerned the delimitation of the territorial seas, exclusive economic zones and continental shelves of these two states in the bay of bengal. Contact information telephone 2129633962 fax 2129635847 postal address division for ocean affairs and the law of the sea, office of legal affairs. The 2002 case concerning the land and maritime boundary cameroon v. Recent jurisprudence addressing maritime delimitation beyond. Maritime boundaries public international law advisory group. It also advises private companies on the challenges and risks related to their activities in undelimited maritime areas. Reflections on maritime delimitation in the qatarbahrain case. Apr 09, 2012 the dispute concerned the delimitation of the territorial seas, exclusive economic zones and continental shelves of these two states in the bay of bengal. Bangladesh and the union of myanmar relating to the delimitation of their maritime boundary in the bay of bengal. A practitioners guide to maritime boundary delimitation.
Northern arabian gulf a critical area for maritime safety and security. Rockall, the tiny, remote, rocky outcrop in the northeast atlantic a ghostly peak of an extinct volcano has periodically appeared in the news at the centre of a longstanding dispute between the uk and ireland as well as, more peripherally, denmark faroe islands. Rogoff l introduction the law of the sea, in its essence, divides the seas into zones and specifies the rights and duties of states and ships flying their flags in those zones. The law of maritime delimitation has been mostly developed through the case law of the international court of justice and other tribunals.
The law of maritime delimitation and the russiannorwegian. The past twoandahalf years have witnessed considerable development in the international law of maritime boundary delimitation. Combining lectures, discussions and practical exercises, ibrus most popular workshop helps participants develop the skills needed to achieve an equitable division of maritime. United nations ilibrary methods applicable to maritime. This article will analyse the legal principles and methods which are pertinent and considered by the icj and states for the delimitation of maritime boundaries between adjacent states. Court of arbitration, case concerning the location of boundary markers in taba between egypt and israel, decision of 29 september 1988, reports of. May 10, 2018 the law of maritime delimitation has been mostly developed through the case law of the international court of justice and other tribunals.
The process of delimitation of international maritime boundaries relies to a large extent on adequate depiction of maritime zones on maps. Chapter 11 the maritime boundary according to the applicable law 195 1 introduction 195 2 sector 1. Dispute concerning delimitation of the maritime boundary between the republic of ghana and the republic of cote divoire submitted to a special chamber of the tribunal. United nations ilibrary handbook on the delimitation of. The judge, maritime delimitation and the grey areas. Court of arbitration, case concerning the location of boundary markers in taba between egypt and israel, decision of 29 september 1988, reports of international arbitral awards, vol. Subject matter or economic sector, maritime boundary delimitation. The delimitation of maritime boundaries sciencedirect. This is of significant importance due to the fact that it is the only case of maritime delimitation involving china and thus the only case to study. International law of maritime boundary delimitation, the. The case law will appeal to scholars of international dispute settlement as well as practitioners and.
The topic of maritime boundary delimitation needs more attention from political geographers. As of 1 july 2004,m some 65 states accepted the jurisdiction of the icj under article 362 of its statute and although this has provided a jurisdictional basis in a number of cases, this is as much a question of luck as of anything else and the preponderance of maritime boundary cases have come before the court on the basis of a special. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea. Amadou ali, minister of state responsible for justice, keeper of the seals, as agent. Latest developments maritime delimitation in the black sea romania v. North sea continental shelf cases federal republic of germany.
Maritime limits and boundaries service ltd has vast experience in maritime zone definition and maritime boundary delimitation. In particular, this brief period has seen the historic emergence of jurisprudence addressing delimitation of a states maritime entitlements located beyond 200 nautical miles m from the states coastal baselines. After nearly a century of practice, international courts and tribunals. Constructing eqidistance lines and other potential boundary lines. Practitioners guide to maritime boundary delimitation. International court of justice, delimitation of the maritime boundary in the gulf of maine area, judgment, i. Technological advances and tools are to be used to draw boundary lines, reduce risks of errors and thus ensure accurate and stable agreed boundaries. The delimitation of the single maritime boundary between bangladesh and myanmar follows very much the trend in recent i. Boundary delimitation or simply delimitation is the drawing of boundaries, particularly of electoral precincts, states, counties or other municipalities.
Tripoint issues in maritime boundary delimitation3307 for example, the malaysiasingapore boundary stops at point w25, well short of the endpoints on the preceding indonesiamalaysia and indonesiasingapore boundaries. In view of the abovementioned declarations, and the letter of the minister of foreign affairs of bangladesh dated december 2009 referred to in paragraphs 1 and 2, the case was entered in the list of cases as case. Dispute concerning delimitation of the maritime boundary between mauritius and maldives in the indian ocean mauritiusmaldives. Handbook on the delimitation of maritime boundaries this handbook is a useful tool for facilitating the negotiating process to which countries with adjacent or opposite coasts can resort to in case of overlapping claims. The lack of delimitation of the maritime boundaries appears as a constraint for the. Firstly, it is the first dispute concerning maritime boundary delimitation decided by the international tribunal for the law of the sea.
The 2001 case concerning maritime delimitation and territorial questions qatar v. The international law of maritime boundary delimitation edward collins, jr. Part of the reason for this is that boundary delimitation requires a range of specialist legal and technical skills which are not always readily available to governments. The republic of mauritius and the republic of maldives submit their dispute concerning the delimitation of the maritime boundary in the indian ocean to a special chamber of the tribunal. Ukraine on 16 september 2004, romania filed in the registry of the court an application. While the delimitation of the parties maritime boundary was a more recent issue, the land boundary dispute could be charted from the nineteenth and early twentieth centuries when european powers acted to partition africa, through to changes under the league of nations mandate system, united nations trusteeships and independence. Somalia and neighbouring kenya have locked horns for over a decade on the delimitation of the maritime boundary in the indian ocean. A practitioners guide to maritime boundary delimitation 1st edition, kindle. Preliminary objections submitted by the republic of maldives. Recent jurisprudence addressing maritime delimitation. Bahrain maritime delimitation and territorial questions case article in ocean development and international law 3334 july 2002 with 699 reads how we measure reads. Prior to 1945, states claimed only narrow territorial sea.
For a discussion of both judgments see md evans, icj cases, 1995 44 iclq 691. On february 3, 2009, the court handed down its verdict, establishing a maritime boundary including the continental shelf and exclusive. On september 16, 2004, romania brought its case to the court after unsuccessful bilateral negotiations. Overview of the case on 16 september 2004, romania filed an application instituting proceedings against ukraine in respect of a dispute concerning the establishment of a single maritime boundary between the two states in the black sea, thereby delimiting the continental shelf and the exclusive economic zones appertaining to them. The north sea continental shelf cases to nicaragua v. Unbalanced or discriminatory delimitation is called gerrymandering. Maritime delimitation in the gulf of tonkin is too. In the context of elections, it can be called redistribution and is used to prevent unbalance of population across districts.
Case concerning maritime delimitation and territorial. This case is the first to be decided between the two initiated by bangladesh for the delimitation of its maritime boundaries with its neighbouring. This book provides a userfriendly and practical guide to the modern law of maritime boundary delimitation. A case study of the russian federation publications on ocean development. Rockall, the tiny, remote, rocky outcrop in the northeast atlantic a ghostly peak of an extinct volcano has periodically appeared in the news at the centre of a longstanding dispute between the uk and ireland as well as, more peripherally, denmark faroe islands and iceland too. Understanding charts, coordinates and straight lines. An international agreement creating rights and obligations can be constituted by the signatories to the minutes of meetings and letters exchanged. Bahrain, jurisdiction and admissibility, judgment of 15 feb 1995, icj rep 1995, 6. The law of maritime boundaries has seen substantial evolution in recent decades.
With the maritime boundary delimitation, international law has been enriched with a new chapter that has developed steadily in proportion with the related challenges and expectations. The public international law advisory group assists states in the process of delimitation of their maritime boundaries. The delimitation of maritime areas between neighbours is of vital importance in that it provides for stable and longlasting relations. Public hearing to be held from 6 to 16 february 2017. Nag, unclos, solas, continental shelf, delimitation, safety. Tribunal to deliver its judgment in the dispute concerning delimitation of the maritime boundary between bangladesh and myanmar in the bay of bengal on wednesday, 14 march 2012 at 11. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this subfield of international law. Latest developments maritime delimitation in the black sea. In contrast, maritime boundary delimitations correspond to the restrictions put in place via an agreement to determine relevant boundaries between states, in case of overlapping maritime zones. Bearing in mind the importance of maritime delimitation with respect to exploration and exploitation of hydrocarbons found in the seabed and subsoil, this chapter aims to examine the east med states maritime boundary delimitation agreements, namely those concluded between egypt and cyprus, lebanon and cyprus, and israel and cyprus. In the case concerning the land and maritime boundary between cameroon and nigeria, between the republic of cameroon, represented by h. In any case, the interrelation between territorial disputes and maritime delimitation might be an issue that has not been sufficiently studied in international law. The maritime delimitation agreement of 2000 relating to the gulf of tonkin established the first maritime boundary between china and vietnam. On february 3, 2009, the court handed down its verdict, establishing a maritime boundary.
Maurice kamto, dean, faculty of law and political science, university of yaounde ii. In fact, it were law of the sea cases, many of which related to maritime boundary. The muchawaited verdict on the dispute regarding the delimitation of the maritime boundary between india and bangladesh was delivered on monday, with a united nations tribunal awarding bangladesh. Maritime delimitation in the black sea case wikipedia. May 23, 2016 the muchawaited verdict on the dispute regarding the delimitation of the maritime boundary between india and bangladesh was delivered on monday, with a united nations tribunal awarding bangladesh. With respect to delimitation of the territorial sea, the court referred to article 15 of the 1982 convention of the law of the sea that refers. The 2007 territorial and maritime dispute nicaragua v. Maritime delimitation and territorial questions qatar v. If you require assistance defining your territorial sea, contiguous zone, exclusive economic zone or continental shelf by application of unclos article 76 or expert advice on delimitation of maritime zones then please contact us.
Overview of the case on 25 november 1981, canada and the united states notified to the court a special agreement whereby they referred to a chamber of the court the question of the delimitation of the maritime boundary dividing the continental shelf and fisheries zones of the two parties in the gulf of maine area. With regard to the delimitation boundary, the court rendered that its decision would be made in accordance with international law to establish a single maritime boundary. Ukraine on 16 september 2004, romania filed in the registry of the court an application instituting proceedings against ukraine concerning the delimitation of the continental shelf and. The itlos first divides the boundary line to be drawn into three segments. North sea continental shelf cases, icj reports, 1969, p.
The details and meaning of boundaries may be buried in pages and pages of text. Methods applicable to maritime boundary delimitation handbook on the delimitation of maritime boundaries this handbook is a useful tool for facilitating the negotiating process to which countries with adjacent or opposite coasts can resort to in case of overlapping claims. However, the reconstruction of maritime claims and boundaries and their associated jurisdictional aspects is complex, and in many cases, confusing or contradictory. Maritime boundary delimitation can arguably be viewed as an essential precursor to the full realisation of the resource potential of national maritime zones and the peaceful management of the. North sea continental shelf cases, supra note 2, at paras. Maritime boundary delimitation agreements in the eastern.
View more on our dedicaced website maritime boundaries. In respect of the delimitation of the maritime boundary in the territorial sea, the tribunal applied the approach prescribed by article 15 of unclos, which places. It was also chinas first maritime boundary agreement. The application of gis in maritime boundary delimitation. Bangladesh wins maritime dispute with india the hindu. Oude elferink, tore henriksen, signe veierud busch.
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