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Journal articles on the topic 'Maritime Boundary Delimitation'

Author: Grafiati

Published: 4 June 2021

Last updated: 18 February 2022

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1

Pratomo, Eddy. "INDONESIA-MALAYSIA MARITIME BOUNDARIES DELIMITATION: A RETROSPECTIVE." Padjadjaran Journal of International Law 3, no. 1 (January 31, 2019): 18–28. http://dx.doi.org/10.23920/pjil.v3i1.312.

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Abstract“Good fences make good neighbors.” But how long should one build those fences with its neighbor? Boundary delimitation has always been an eye-catching issue in international law and international relations. Sometimes it can take up for many years. States tend to be very cautious in delimiting its boundary because once it is agreed, it cannot be changed anymore. Indonesia-Malaysia maritime boundary is not an exception. These two relatively young nations have negotiated their maritime boundaries since the 1960's. More than fifty years later, maritime boundary segments still remain to be settled. But where does it stand now? This article will highlight a number of important issues of the Indonesian-Malaysian maritime boundaries delimitation, the latest development, and the way forward on where these two nations will proceed. Keywords: Archipelagic Baseline, Boundary Agreement, Continental Shelf, Exclusive Economic Zone, Maritime Delimitation Abstrak“Good fences make good neighbor”. Tetapi berapa lama waktu yang diperlukan untuk menegosiasikan pagar tersebut? Delimitasi batas negara selalu menjadi isu hangat dalam hukum dan hubungan internasional. Proses ini dapat memakan waktu bertahun-tahun. Negara-negara cenderung untuk sangat berhati-hati dalam menegosiasikan batas, karena setelah perbatasan tersebut disepakati, maka batas tersebut tidak dapat diubah.Batas maritim Indonesia dan Malaysia tidak terkecuali. Kedua negara yang relatif masih muda ini telah menegosiasikan batas maritimnya sejak tahun 1960an. Lebih dari lima puluh tahun kemudian, segmen-segmen batas maritim antar kedua negara juga belum selesai dirundingkan. Setelah sekian lama berunding, bagaimana perkembangan proses penetapan batas maritim kedua negara? Artikel ini akan mengedepankan isu-isu penting terkait dengan delimitasi batas maritim Indonesia-Malaysia, perkembangan terakhir, dan langkah kedepan yang akan ditempuh oleh kedua negara. Kata kunci: Delimitasi Batas Maritim , Garis Pangkal Kepulauan, Landas Kontinen, Perjanjian Perbatasan, Zona Ekonomi Eksklusif,

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2

Tanaka, Yoshifumi. "Maritime Boundary Delimitation by Conciliation." Australian Year Book of International Law 36, no. 1 (October 1, 2019): 69–82. http://dx.doi.org/10.1163/26660229_03601006.

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Abstract The aim of this Agora contribution is to examine the role of conciliation in maritime delimitation by analysing the Timor-Leste/Australia conciliation. First, this contribution addresses the applicability of the compulsory conciliation procedures to the Timor Sea dispute. It then considers the role of the Timor-Leste/Australia Conciliation Commission in maritime delimitation and in resource governance, respectively. Next, it examines role of conciliation in maritime delimitation by comparing the Timor-Leste/Australia conciliation to the Iceland/Jan Mayen conciliation. Finally, it reveals that the Timor-Leste/Australia Conciliation Commission significantly influenced the establishment of maritime boundaries in the Timor Sea.

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3

Briscoe, John. "Islands in Maritime Boundary Delimitation*." Ocean Yearbook Online 7, no. 1 (1988): 14–41. http://dx.doi.org/10.1163/221160088x00048.

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4

Olorundami, Fayokemi. "Objectivity versus Subjectivity in the Context of the icj’s Three-stage Methodology of Maritime Boundary Delimitation." International Journal of Marine and Coastal Law 32, no. 1 (February 22, 2017): 36–53. http://dx.doi.org/10.1163/15718085-12341430.

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With the International Court of Justice (icj) moving away from the application of equitable principles in favour of its three-stage delimitation methodology, maritime boundary delimitations are now described as objective and predictable. This article assesses the accuracy of this description by examining the decisions of the Court and Tribunals in some recent delimitation cases. It is argued that the delimitation of maritime boundaries cannot still be regarded as objective and predictable as exemplified in the decisions discussed. Each of the three stages in the three-stage methodology, namely the drawing of a provisional equidistance line, the adjustment or shifting of that line based on the presence of relevant circumstances and the (dis)proportionality test will be analysed in order to support this position. This article identifies a fixation with following the three-stage methodology (even when inappropriate) as, ironically, the driver for subjectivity and unpredictability in maritime boundary delimitation decisions.

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5

Oude Elferink, Alex G. "The Law and Politics of the Maritime Boundary Delimitations of the Russian Federation: Part 1." International Journal of Marine and Coastal Law 11, no. 4 (1996): 533–69. http://dx.doi.org/10.1163/157180896x00294.

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AbstractThe maritime zones of Russian Federation overlap with those of 12 neighbouring states. The practice of the Russian Federation concerning the delimitation of the boundaries of these zones provides an interesting opportunity to analyse the role of international law in the policy of a state in this respect, especially because bilateral negotiations of the Russian Federation have raised complex issues of law and fact. The analysis suggests that international law may influence the policy of a state regarding the delimitation of its maritime zones in different, albeit limited, ways. The role of international law in bilateral negotiations supports the conclusions the case law has reached on the significance of bilateral delimitation treaties for the formation of customary international law. This first part of the article provides an outline of the contents of maritime delimitation law, and analyses general aspects of the Russian Federation's practice concerning the boundaries of its maritime zones and the delimitations with Estonia, Finland, Georgia, Japan, Lithuania, North Korea, Poland, Romania, Sweden, Turkey and Ukraine.

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6

Dundas, Carl W. "Maritime Boundary Delimitation Agreement with France." International Journal of Estuarine and Coastal Law 4, no. 4 (1989): 288–93. http://dx.doi.org/10.1163/187529989x00291.

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7

Evans, M. D. "Delimitation and the Common Maritime Boundary." British Yearbook of International Law 64, no. 1 (January 1, 1994): 283–332. http://dx.doi.org/10.1093/bybil/64.1.283.

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8

Roach, J. Ashley. "Maritime Boundary Delimitation: United States Practice." Ocean Development & International Law 44, no. 1 (January 2013): 1–27. http://dx.doi.org/10.1080/00908320.2012.726828.

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9

Churchill, R. R. "Fisheries issues in maritime boundary delimitation." Marine Policy 17, no. 1 (January 1993): 44–57. http://dx.doi.org/10.1016/0308-597x(93)90005-n.

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10

Lott, Alexander. "The Estonian-Russian Territorial Sea Boundary Delimitation in the Gulf of Finland." International Journal of Marine and Coastal Law 32, no. 3 (September 18, 2017): 484–509. http://dx.doi.org/10.1163/15718085-12320078.

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Abstract In 2014, Estonia and the Russian Federation signed their land and maritime boundary agreements that are currently awaiting ratification. This study reconstructs the maritime boundary delimitation between the two States. In particular, the role of islands and pre-existing agreements for the delimitation of the territorial sea boundary in the south-eastern part of the Gulf of Finland are critically examined. It is established that the agreed maritime boundary line is a median line which was influenced by the use of the special circumstances method in the delimitation process.

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11

Charney, Jonathan I. "Progress in International Maritime Boundary Delimitation Law." American Journal of International Law 88, no. 2 (April 1994): 227–56. http://dx.doi.org/10.2307/2204098.

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Judgments of the International Court of Justice (ICJ) and awards of ad hoc arbitration tribunals carry special weight in international maritime boundary law. On its face, the international maritime boundary law codified in the 1982 Convention on the Law of the Sea is indeterminate. For the continental shelf and the exclusive economic zone, the legal obligation of coastal states is to delimit the boundary “by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.” The article on the delimitation of maritime boundaries in the territorial sea is no more determinative despite the fact that it makes direct references to the equidistant line, special circumstances and historic title. In spite of this indeterminacy, if not because of it, coastal states have found that third-party dispute settlement procedures can effectively resolve maritime boundary delimitation disputes. As a consequence, there are more judgments and awards on maritime boundary disputes than on any other subject of international law, and this trend is continuing.

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12

Klemenčić, Mladen, and Duško Topalović. "Morske granice u Jadranskome moru." Geoadria 14, no. 2 (January 11, 2017): 311. http://dx.doi.org/10.15291/geoadria.555.

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The delimitation of maritime boundaries in semi-closed seas such as Adriatic is always a complex issue.The first bilateral maritime boundary agreement in the Adriatic Sea was reached at an early stage in the history of maritime delimitation, but potential offshore boundary system became more complicated following political changes in the 1990's and increase in the number of coastal states. This paper provides an overview of the development of maritime boundary system in the Adriatic, highlights disputes and remaining problems and evaluates potential solutions to disputes, claiming that completion of maritime boundary system should enhance regional stability.

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13

ACIKGONUL, YUNUS EMRE, and EDWARD R. LUCAS. "Developments in Maritime Delimitation Law over the Last Decade: Emerging Principles in Modern Case Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 57 (November 2020): 156–222. http://dx.doi.org/10.1017/cyl.2020.9.

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AbstractThe delimitation of maritime boundaries is a complex and multifaceted process with legal and technical aspects. The process involves the determination of a maritime boundary in a situation where two or more states are confronted with overlapping titles. In the absence of any precise rules in treaty law and established customary rules based on state practice, it has been left to the jurisprudence of international courts and tribunals to develop the applicable law of maritime boundary delimitation. This article provides a detailed examination of the complex and multifaceted processes involved in maritime delimitation law. In doing so, it highlights recent developments in the field, with an emphasis on the emerging principles of “non-cut-off” and “non-distortion.” The article also analyzes the crystalizing rules on delimitation beyond 200 nautical miles and questions the applicability of these rules to the ongoing maritime boundary dispute between Canada and the United States in the Beaufort Sea.

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14

Eissler, Eric R., and Gözde Arasıl. "Maritime Boundary Delimitation in the Eastern Mediterranean." RUSI Journal 159, no. 2 (March 4, 2014): 74–80. http://dx.doi.org/10.1080/03071847.2014.912809.

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15

Elferink, Alex G. Oude. "The Law and Politics of the Maritime Boundary Delimitations of the Russian Federation: Part 2." International Journal of Marine and Coastal Law 12, no. 1 (1997): 5–35. http://dx.doi.org/10.1163/157180897x00112.

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AbstractThe maritime zones of the Russian Federation overlap with those of 12 neighbouring states. The practice of the Russian Federation concerning the delimitation of the boundaries of these zones provides an interesting opportunity to analyse the role of international law in the policy of a state in this respect, especially because bilateral negotiations of the Russian Federation have raised complex issues of law and fact. The analysis suggests that international law may influence the policy of a state regarding the delimitation of its maritime zones in different, albeit limited, ways. The role of international law in bilateral negotiations supports the conclusions the case law has reached on the significance of bilateral delimitation treaties for the formation of customary international law. This second part of the article analyses the Russian Federation's delimitations with Norway and the United States and the legal regime of the Caspian Sea, and draws some conclusions on the case of the Russian Federation and the relationship between state practice and international law.

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16

Oude Elferink, Alex G. "Does Undisputed Title to a Maritime Zone Always Exclude its Delimitation: The Grey Area Issue." International Journal of Marine and Coastal Law 13, no. 2 (1998): 143–92. http://dx.doi.org/10.1163/157180898x00247.

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AbstractA grey area is an area lying within 200 miles from the coast of one state, but beyond a maritime boundary with another state. One state is excluded from exercising jurisdiction in this area because it lies beyond the maritime boundary, and the other state is excluded from exercising 200-mile-zone jurisdiction because the grey area on its side of the boundary lies beyond 200 miles from its coast. The possibility of creating a grey area stems from the fact that there is a discrepancy between entitlement to the EEZ and the principles applicable to its delimitation. Entitlement to this zone is solely based on distance from the coast, but its delimitation between states can be effected on the basis of principles other than distance from the coast. This results in a line which reaches the outer limit of the EEZ at a point which is non-equidistant from the coasts of the states concerned. If such a line is applied to limit the maritime zones of both states involved, a grey area is created. Apart from an EEZ delimitation, a grey area can also result from a territorial sea delimitation. A number of bilateral treaties have established a grey area. This raises the question whether such delimitations are only the result of practical considerations or a political compromise, or whether it is also possible to create a grey area in the legal determination of a boundary. This article seeks to answer this question looking at state practice and the case law.

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17

KAŁDUŃSKI, MARCIN. "A Commentary on Maritime Boundary Arbitration between Bangladesh and India Concerning the Bay of Bengal." Leiden Journal of International Law 28, no. 4 (October 30, 2015): 799–848. http://dx.doi.org/10.1017/s0922156515000436.

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AbstractThis article considers the law of maritime delimitation as applied by the Arbitral Tribunal in the 2014 Bangladesh v. India case. The dispute concerned the delimitation of the maritime boundary between the two states in the north-eastern part of the Bay of Bengal. The Tribunal's Award covers several important issues which require careful examination, such as the land boundary terminus, the delimitation methodology, the role of objectivity, predictability and transparency in maritime delimitation, and the impact of the established case law on the present delimitation procedures. The commentary analyses the Award from the viewpoint of the law of maritime delimitation and traces how the Tribunal applied and developed the methodology used in maritime delimitation. The key points where the Award advances the law of the sea concern the concavity of the coast as a relevant circumstance and the creation of grey area. The Tribunal made significant pronouncements on the continental shelf, especially, beyond 200 nm. It confirmed the concept of a single continental shelf and reasoned that legal regimes of the EEZ and the continental shelf are independent and separable. However, the creation of another grey area met with strong disagreement from Dr Rao. The author considers the Award and the Dissenting Opinion to argue that the adjustment of the equidistance line raises certain concerns and that the creation of grey area is permissible under UNCLOS.

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18

Anderson, D. H. "Bay of Bengal Maritime Boundary." American Journal of International Law 109, no. 1 (January 2015): 146–54. http://dx.doi.org/10.5305/amerjintelaw.109.1.0146.

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On July 7, 2014, an ad hoc arbitral tribunal (Tribunal) rendered its award on the dispute between Bangladesh and India concerning the delimitation of their entire maritime boundary in the northern part of the Bay of Bengal. The award established the course of the boundary line in the territorial sea, the exclusive economic zone (EEZ), and the continental shelf within and beyond 200 nautical miles, ending a dispute that had persisted between the neighbors for more than three decades.

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19

Jain, Abhimanyu George. "Maritime Dispute." American Journal of International Law 109, no. 2 (April 2015): 379–86. http://dx.doi.org/10.5305/amerjintelaw.109.2.0379.

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On January 27, 2014, the International Court of Justice (Court) rendered its judgment in a dispute between Peru and Chile concerning the maritime boundary between them. The Court held that a partial maritime boundary already existed between the parties, and it proceeded to analyze both its nature and its extent on the basis of agreements between the parties, their practice, and other evidence. For the remainder of the boundary extending up to 200 nautical miles, the Court applied the rule of equitable delimitation found in Article 74 of the United Nations Convention on the Law of the Sea (UNCLOS).

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20

Keyuan, Zou. "Maritime Boundary Delimitation in the Gulf of Tonkin." Ocean Development & International Law 30, no. 3 (September 1999): 235–54. http://dx.doi.org/10.1080/009083299276177.

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21

Ioannides, Nicholas A. "The “Predominant Interest” Concept in Maritime Boundary Delimitation." Ocean Development & International Law 51, no. 3 (May 5, 2020): 217–40. http://dx.doi.org/10.1080/00908320.2020.1757215.

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22

CURRIE, JOHN H. "Maritime Boundary Delimitation in a Federal Domestic Setting: The Newfoundland and Labrador v. Nova Scotia Arbitration." Leiden Journal of International Law 17, no. 1 (March 2004): 155–70. http://dx.doi.org/10.1017/s0922156504001657.

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The author reviews an award rendered in March 2002 by a three-member arbitral tribunal established by the government of Canada in order to determine a maritime boundary between two Canadian provinces – Nova Scotia, and Newfoundland and Labrador. The tribunal's Terms of Reference required it to treat the provinces as sovereign states and to apply principles of international maritime boundary law in order to determine the boundary dividing their respective offshore entitlements as defined under domestic federal legislation. Given this reference to international law and the underlying interests at issue, the tribunal's award amounts to a classic continental shelf delimitation and makes significant contributions to the jurisprudence on international maritime boundary delimitation.

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23

Bonafé, Beatrice I. "Maritime Delimitation in the Indian Ocean." American Journal of International Law 111, no. 3 (July 2017): 725–31. http://dx.doi.org/10.1017/ajil.2017.86.

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On February 2, 2017, the International Court of Justice (ICJ or Court) delivered a judgment rejecting preliminary objections to its jurisdiction in Maritime Delimitation in the Indian Ocean. The underlying contentious case between Somalia and Kenya concerns the establishment of a single maritime boundary between the two states. The decision on preliminary objections provides important insights on the Court's interpretation of optional clause declarations that include a reservation for alternative methods of dispute settlement.

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24

Shah Alam, M., and Abdullah Al Faruque. "The Problem of Delimitation of Bangladesh’s Maritime Boundaries with India and Myanmar: Prospects for a Solution." International Journal of Marine and Coastal Law 25, no. 3 (2010): 405–23. http://dx.doi.org/10.1163/157180810x517015.

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AbstractThe sea areas of Bangladesh are reportedly rich in straddling fish stocks and mineral resources, including hydrocarbons. But a long-standing dispute over maritime boundary delimitation with India and Myanmar remains a major stumbling block in exploration of these resources. The overlapping claims of these three countries over the maritime zones in the Bay of Bengal need to be settled for peaceful exploration of natural resources. While India and Myanmar want to delimit the maritime boundary on the basis of the equidistance principle, Bangladesh demands that delimitation should be based on the equitable method. The special geographical circumstances of the coastal zones of these countries warrant that any delimitation, whether agreed or determined by a third party, must result in an equitable solution. The decisions of the international courts and tribunals, state practice, and the Law of the Sea Convention clearly demonstrate that there has been a shift from the equidistance principle to the equitable principle of delimitation and strongly indicate that the equitable principle is the preferred method of delimitation.

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25

DAVENPORT, Tara. "Southeast Asian Approaches to Maritime Boundaries." Asian Journal of International Law 4, no. 2 (December 13, 2013): 309–57. http://dx.doi.org/10.1017/s2044251313000313.

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From both a geographical and geopolitical perspective, Southeast Asia is a particularly interesting case-study for maritime delimitation. Despite the existence of significant obstacles to maritime boundary-making, including a complex coastal geography and a multitude of territorial and jurisdictional disputes, Southeast Asia has been described as the “scene of very active and innovative ocean boundary diplomacy”. The objective of this paper is to examine Southeast Asian approaches to maritime boundaries. First, it seeks to identify whether there are common trends and practices in Southeast Asian practice which have contributed to the high number of maritime boundaries concluded by Southeast Asian states. Second, the paper will explore the extent to which Southeast Asian practice has contributed to the normative development of international law on maritime delimitation. Third, the paper will discuss whether there are any lessons to be learned from Southeast Asian practice that can be used to settle unresolved maritime boundary issues in the region.

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26

Churchill, Robin. "Dispute Settlement in the Law of the Sea: Survey for 2014." International Journal of Marine and Coastal Law 30, no. 4 (November 23, 2015): 585–653. http://dx.doi.org/10.1163/15718085-12341372.

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This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. The main development during 2014 was the delivery of four judgments—two by the International Court of Justice (one concerning maritime boundary delimitation between Peru and Chile, the other the Whaling case between Australia and Japan); one by the International Tribunal for the Law of the Sea, concerning the arrest and detention of a Panamanian vessel by Guinea-Bissau; and one by an Annex vii arbitral tribunal, concerning delimitation of the maritime boundary between Bangladesh and India. In addition, the dispute between Denmark (in respect of the Faroe Islands) and the European Union over the management of a shared stock of Atlanto-Scandian herring was settled; and judicial proceedings in three new cases (all concerning maritime boundary delimitation) were initiated. These and other developments are reviewed in detail.

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27

Hamid, Abdul Ghafur. "Refining Maritime Boundary Delimitation Methodology: The Search for Predictability and Certainty." IIUM Law Journal 27, no. 1 (June 29, 2019): 35–61. http://dx.doi.org/10.31436/iiumlj.v27i1.457.

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For decades, the maritime boundary delimitation methodology remains uncertain and confusing. This is as a result of the sole reliance on equitable principles, total disregard of the equidistance method in the North Sea Continental Shelf cases and vague provisions of United Nations Convention on the Law of the Sea (UNCLOS) 1982 in particular on the delimitation of the exclusive economic zone and the continental shelf. The main objective of the present article is to investigate how the delimitation methodology could be refined to be more predictable and certain through the flexible interpretation of the conventional law by the decisions of international courts and tribunals. The article first of all traces the codification history of the UNCLOS 1982 in order to ascertain the view of States expressed during the drafting process, which reflected the bitter rivalry between the two camps of equidistance and equitable principles. The article then makes a painstaking analysis of the decisions of international courts and tribunals since 1990s to the most recent one and finds that the equidistance principle has been reinstated as a basic methodology in maritime boundary delimitation, supplemented by relevant circumstances, in order to achieve an equitable solution. The article concludes that the search for predictability and certainty in maritime boundary delimitation has, to some extent, been achieved in the form of the recent three-stage approach, although there are still grey areas where significant uncertainty remains.

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28

Bang, Ho-Sam, and Young-Min Youn. "A Study on the Maritime Boundary Delimitation for the Strengthening Maritime Sovereignty." Korean Association of Maritime Police Science 9, no. 2 (May 31, 2019): 219–42. http://dx.doi.org/10.30887/jkmps.2019.9.2.219.

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29

von Mühlendahl, Paul. "Tiny Land Features in Recent Maritime Delimitation Case Law." International Journal of Marine and Coastal Law 31, no. 1 (February 29, 2016): 1–31. http://dx.doi.org/10.1163/15718085-12341386.

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A maritime delimitation is, in its very nature, a delicate process, whose complexity can be further compounded by the presence of tiny land features, as they can considerably distort the final delimitation line. In several recent maritime delimitation cases, the question of the legal status of such a feature has arisen on the one hand, and of the potential effect that its presence in the delimitation area should have on the boundary on the other hand. Among the multiple options that international judges or arbitrators may use, they have chosen, and rightly so, a conservative approach, consisting in attributing a largely secondary role, if any, to these chunks of emerged land. This raises the larger issue about the true nature of a maritime delimitation decided by a judge or an arbitrator and, by extension, the relationship between law and nature.

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Amaratunga, Dharshini. "Maritime boundary delimitation: Building and preparing a negotiating team." Commonwealth Law Bulletin 24, no. 1-2 (January 1998): 516–40. http://dx.doi.org/10.1080/03050718.1998.9986500.

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31

Okafor, Chidinma Bernadine. "Joint Development: An Alternative Legal Approach to Oil and Gas Exploitation in the Nigeria-Cameroon Maritime Boundary Dispute?" International Journal of Marine and Coastal Law 21, no. 4 (2006): 489–522. http://dx.doi.org/10.1163/157180806779441075.

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AbstractThe delimitation of a maritime boundary is not necessarily a panacea for disputes over offshore resources. Neither petroleum reserves, which are fugacious in character, nor fish or marine mammals respect national boundaries. Even successful delimitation may still require a degree of close cooperation if opposite or adjacent states are to exploit such transboundary resources rationally. Such cooperation can be achieved by the concept of joint development. This paper reviews the literature on the joint development of offshore petroleum resources and the controversy surrounding the concept. The paper further examines its applicability as an alternative approach to the Nigeria-Cameroon maritime boundary dispute.

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32

Grossman, Nienke. "Territorial and Maritime Dispute." American Journal of International Law 107, no. 2 (April 2013): 396–403. http://dx.doi.org/10.5305/amerjintelaw.107.2.0396.

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On November 19, 2012, the International Court of Justice rendered its judgment in a dispute involving territorial and maritime claims raised by Nicaragua against Colombia in the Caribbean Sea. The Court considered Nicaragua’s requests for a declaration of Nicaraguan sovereignty over seven disputed maritime features and delimitation of a single maritime boundary between the continental shelves and exclusive economic zones appertaining to Nicaragua and Colombia. The Court awarded all disputed territory to Colombia and delimited the maritime boundary between the states’ continental shelves and exclusive economic zones by using a novel mix of weighted base points, geodetic lines, parallels of latitude, and enclaving.

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Kim, Suk Kyoon. "Maritime Boundary Negotiations between China and Korea: The Factors at Stake." International Journal of Marine and Coastal Law 32, no. 1 (February 22, 2017): 69–94. http://dx.doi.org/10.1163/15718085-12341424.

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Despite a great number of negotiations between China and Korea, the two countries have failed to delimit a maritime boundary in the Yellow Sea and the East China Sea. Primarily they have held conflicting principles regarding maritime boundary delimitation, namely an equidistant line as opposed to the natural prolongation of the land territory. Ieodo, a submerged rock in a strategic location, claimed by both China and Korea, is also another focus of negotiations. Other factors, including straight baselines, military activities, fishery and underwater mineral resources, are also important considerations in the maritime boundary negotiations.

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34

Evans, Malcolm D. "The Maritime Delimitation Between Eritrea and Yemen." Leiden Journal of International Law 14, no. 1 (March 2001): 141–70. http://dx.doi.org/10.1017/s0922156501000073.

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The Award of the Arbitral Tribunal in the Second Phase (Maritime Delimitation) of the Eritrea-Yemen Arbitration follows the trend towards producing a single all-purpose delimitation line constructed on the basis of equidistance, the course of which is chiefly dictated by mainland coastal geography. Islands are accorded little impact upon the course of the final line, save to the extent necessary to permit them a full territorial sea. The potential relevance of other factors, including fishing and navigational interests is acknowledged but, given the methodology adopted, they did not influence the construction of the line. As in other cases, proportionality is demonstrated by comparison of areas with the relevant coastal lengths, although the usefulness of this is dubious. Although entirely separate exercises, it may be that the methodology pursued owes something to the outcomes of the first phase of the Arbitration, concerning sovereignty over the islands, and this may have a bearing upon the impact of the Award for maritime boundary delimitation more generally.

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35

Roeben, Volker. "The Equitable Distribution of Marine Resources by Agreement of States—The Case of the South China Sea." Chinese Journal of Global Governance 1, no. 1 (July 22, 2015): 36–66. http://dx.doi.org/10.1163/23525207-00000004.

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The socially just distribution of maritime spaces and their resources among States is a key concern of the 1982 un Convention on the Law of the Sea. This concern underlies the general apportionment of those spaces to coastal States as well as the concrete delimitation of any overlapping claims. The Convention prescribes that such delimitation be equitable. Much attention so far has been given to the judicial performance of such maritime boundary delimitation. This paper focuses on the alternative of delimitation by negotiated agreement of States. It conceives of delimitation as institutionalized oceans governance. This governance seeks to achieve the indeterminate objective of equitable delimitation by combining two broad approaches with machinery for their concretization. For one, the Convention adopts a geographical approach, implemented through the concept of maritime zones extending seawards of the land. Yet the Convention also countenances a non-geographical approach based on historic titles grounded in customary law. For concretising these broad approaches into principles, rules, and decisions, the Convention institutionalizes comprehensive judicial decision-making. Courts and tribunals have indeed developed an acquis judiciaire favouring delimitation by means of the equidistance/relevant circumstances method that is binding on States. However, the Convention gives preference to the equally institutionalized negotiated delimitation of marine entitlements, by means of the agreement of the coastal States concerned. These States therefore retain a considerable margin of appreciation for negotiated delimitation, drawing on state practice to identify the principles appropriate for the individual instance. The paper first develops this governance framework and then exemplifies its workings in the case of the South China Sea, marked by several, ongoing maritime delimitation disputes to be resolved by negotiated settlement.

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36

Charney, Jonathan I. "Central East Asian Maritime Boundaries and the Law of the Sea." American Journal of International Law 89, no. 4 (October 1995): 724–49. http://dx.doi.org/10.2307/2203934.

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One of the most difficult areas for maritime boundary delimitation is the seas adjacent to Central East Asia. This area, which encompasses the South China Sea, the East China Sea, the Sea of Japan, and the Yellow Sea, is surrounded by the People’s Republic of China, Taiwan (the Republic of China), Japan, North and South Korea, the Philippines, Indonesia, Vietnam, Malaysia, Brunei and Russia. Only a few of the maritime boundaries in the area have been settled, leaving most open to dispute. (See map 1, p. 726.) Efforts to settle the unresolved boundaries have not moved forward. Much has been written about the boundary disputes in this area, and efforts to resolve them have explored means other than delimitation.

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37

Mostofa, Md, Dewan Md Al-Amin, and Kaniz Tania Bint-E-Basar. "Delimitation of Maritime Boundary with India and Bangladesh’s Rights over the Sea." American International Journal of Social Science Research 2, no. 1 (June 7, 2018): 108–13. http://dx.doi.org/10.46281/aijssr.v2i1.172.

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Bangladesh and India sea boundary talks started in 1974, renewed in 1978 and in 1982. At last, the Hauge-based Permanent Court of Arbitration (PCA) gave verdict on July 07, 2014 on maritime disputes between India and Bangladesh. In a landmark judgment, the Permanent Court of Arbitration (PCA) awarded Bangladesh an area of 19,467 sq km, four-fifth of the total area of 25,602 sq km disputed maritime boundary in the Bay of Bengal with India. Now, Bangladesh’s maritime boundary has been extended by 118,813 sq km comprising 12 nm of Territorial Sea and an EEZ extending up to 200 nm into the high sea. In addition, the ruling acknowledged Bangladesh’s sovereign rights of undersea resources in the continental shelf extending as far as 345 nm in the high sea, taking Chittagong coast as the baseline. Now, Bangladesh can go ahead with their plans of search and extraction of energy and mineral resources and exploitation of fisheries within 200 nm from the baseline. The study tries to identify the various rights of Bangladesh over various maritime zones such as Territorial Sea, Contiguous Zone, Exclusive Economic Zone and Continental Shelf on the basis of the Bangladesh v India case (2014).

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38

Hamman, D. B. "The Single Maritime Boundary-A Solution for Maritime Delimitation between Namibia and South Africa?" International Journal of Marine and Coastal Law 10, no. 3 (1995): 369–88. http://dx.doi.org/10.1163/157180895x00132.

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39

Rashadat Majidli, Jamila. "THE INTERNATIONAL CASES CONCERNING JOINT DEVELOPMENT AGREEMENTS (The Case of Saadia Arabia- Bahrain, Japan-South Korea, Thailand-Malaysia)." ANCIENT LAND 04, no. 02 (April 21, 2021): 35–38. http://dx.doi.org/10.36719/2706-6185/04/35-38.

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This article is dedicated to analysing the joint development agreements resolving or temporarily suspending maritime boundary disputes cases between Japan-South Korea, Saadia Arabia-Bahrain, and Thailand-Malaysia. Regardless of whether any delimitation line exists or not, international law allows the parties to agree on delimitation by consulting on the most appropriate conditions or jointly operate on the disputed zone, field or maritime border. If the cross-border dispute on hydrocarbon resources exists, the conclusion of a unitization agreement is not ruled out by the international practice as much. This article identifies the features of the joint development agreements, divides them into the three models recognized internationally, analyzes the main characteristics of each model of the joint development agreements through historical important precedents. Furthermore, the research lets daylight into the essential statements that regulate the fiscal regime, share proportion issues, the sovereign right, and the right to use subsoil and the seabed, within the agreements. Key words: Maritime boundary disputes, joint development agreements, unitization agreements, delimitation, joint development zone, international cases, demarcation of the continental shelf, seabed, disputes on petroleum reservoir, oil fields, production share agreements

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40

Árnadóttir, Snjólaug. "Fluctuating boundaries in a changing marine environment." Leiden Journal of International Law 34, no. 2 (April 15, 2021): 471–87. http://dx.doi.org/10.1017/s0922156521000145.

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AbstractEnvironmental changes, such as sea level rise and coastal erosion, have an increasing impact on coastlines worldwide. Unilaterally declared maritime limits are generally determined by reference to coastlines and they are only binding insofar as they conform to the applicable law. Bilateral maritime boundaries are not equally affected by changing coastal geography because, once established, they are binding on parties to the arrangement under the pacta sunt servanda and res judicata principles. Maritime delimitation generally produces geographically stable boundaries. In principle, these remain fixed notwithstanding changes to the coastal geography that generates maritime entitlements or the ecosystems central to national interests. Indeed, stability and predictability are among the objectives of maritime delimitation. However, legal stability can be achieved without geographic stability and the requirement of predictability may be unattainable in a new world of environmental uncertainty. After all, baselines and derived outer limits fluctuate to reflect changing coastal geography and the same is true of bilateral boundaries, unless and until otherwise agreed. States have concluded boundary agreements that refer to fluctuating concepts, such as the equidistance line, instead of fixed co-ordinates. Furthermore, the International Court of Justice has left a segment of a maritime boundary to fluctuate until otherwise agreed and a Chamber of the Court has addressed the possibility of establishing a boundary by reference to a fluid oceano-biological boundary in the marine environment. This suggests that maritime boundaries can fluctuate if established by reference to sufficiently clear and relevant limits in the natural environment.

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41

Lee, Dong-Chul, Kye-Hyun Kim, and Yong-Gil Park. "Study on Development of GIS based Maritime Boundary Delimitation Support System." Journal of Ocean Engineering and Technology 26, no. 4 (August 31, 2012): 23–29. http://dx.doi.org/10.5574/ksoe.2012.26.4.023.

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Alam, Md Khurshed. "Delimitation of Maritime Boundary between Bangladesh and Myanmar by the ITLOS." Northern University Journal of Law 3 (March 19, 2014): 7–14. http://dx.doi.org/10.3329/nujl.v3i0.18380.

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43

Franckx, Erik. "The 1989 Maritime Boundary Delimitation Agreement Between the GDR and Poland." International Journal of Estuarine and Coastal Law 4, no. 4 (1989): 237–51. http://dx.doi.org/10.1163/187529989x00264.

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44

Cooper, John. "Delimitation of the maritime boundary in the gulf of Maine area." Ocean Development & International Law 16, no. 1 (January 1986): 59–90. http://dx.doi.org/10.1080/00908328609545785.

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45

Lathrop, Coalter. "The technical aspects of international maritime boundary delimitation, depiction, and recovery." Ocean Development & International Law 28, no. 2 (January 1997): 167–97. http://dx.doi.org/10.1080/00908329709546101.

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Prescott, Victor. "The Problems of Completing Maritime Boundary Delimitation between Australia and Indonesia." International Journal of Marine and Coastal Law 10, no. 3 (1995): 389–96. http://dx.doi.org/10.1163/157180895x00141.

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47

Franckx, E. "Two New Maritime Boundary Delimitation Agreements in the Eastern Baltic Sea." International Journal of Marine and Coastal Law 12, no. 3 (August 1, 1997): 365–71. http://dx.doi.org/10.1163/15718089720491675.

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48

Nelson, L. D. M. "The Roles of Equity in the Delimitation of Maritime Boundaries." American Journal of International Law 84, no. 4 (October 1990): 837–58. http://dx.doi.org/10.2307/2202836.

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The recent decisions of the International Court of Justice and various arbitral tribunals with respect to the delimitation of maritime boundaries between states raise certain fundamental problems of jurisprudence. Among these are the legal consequences emanating from the proposition that each boundary is a unicum, that is to say, it is unique or monotypic; the part to be played by equity in the delimitation process; the role of equidistance; the legal consequences of the demise of natural prolongation and the emergence of the distance criterion or principle; the notion of a properly structured system of equity; and the proper function of the Court or tribunal in dealing with these matters.

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Smith, Jeffrey J. "Notre Mer? An Independent Québec's Maritime Claims in the Gulf of St. Lawrence and Beyond." Canadian Yearbook of international Law/Annuaire canadien de droit international 35 (1998): 113–77. http://dx.doi.org/10.1017/s0069005800006615.

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SummaryThe basic fact of Québec as a coastal entity creates interesting questions when considering the implications of its independence. A historical survey of its maritime boundaries further confirms the importance of maritime boundaries for an independent Québec. The author examines Québec's possible claims in the light of recent international law cases and conventions. He also explores the application of various methods of maritime boundary delimitation on (Québec and Canada. Finally, the author explores the possibility of joint sovereignty in the Gulf of St. Lawrence and the application of the condominium concept to Canada and Québec.

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50

Schneider, Jan. "The Gulf of Maine Case: The Nature of an Equitable Result." American Journal of International Law 79, no. 3 (July 1985): 539–77. http://dx.doi.org/10.2307/2201887.

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Pursuant to the recent four to one Judgment by a Chamber of the International Court of Justice in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area, Canada and the United States are to share Georges Bank. Canada has jurisdiction over approximately one-sixth of the Bank, including the resource-rich “Northeast Peak” and most of the “Northern Edge,” and the United States the remaining area. Since Georges Bank is one of the world’s most productive fishing grounds, and this was consequently a case about fish more than a traditional continental shelf delimitation, the Judgment means that these North American neighbors may have to work out cooperative arrangements for the conservation and management of the shared living resources of Georges Bank. The question naturally arises as to how this outcome was reached, and why it purports to fulfill the fundamental norm of the law of delimitation of maritime boundaries—namely, to achieve an “equitable result.”

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