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Journal articles on the topic 'Maritime delimitation'

Author: Grafiati

Published: 4 June 2021

Last updated: 18 February 2022

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1

Tanaka, Yoshifumi. "Reflections on Arctic Maritime Delimitations: A Comparative Analysis between the Case Law and State Practice." Nordic Journal of International Law 80, no. 4 (2011): 459–84. http://dx.doi.org/10.1163/157181011x598436.

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AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic ma

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2

Tanaka, Yoshifumi. "REFLECTIONS ON MARITIME DELIMITATION IN THECAMEROON/NIGERIACASE." International and Comparative Law Quarterly 53, no. 2 (2004): 369–406. http://dx.doi.org/10.1093/iclq/53.2.369.

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International courts and tribunals have played a predominant role in the development of the law of maritime delimitation.1In fact, since theNorth Sea Continental Shelfcases of 1969, eleven judgments concerning maritime delimitations were given by international courts and tribunals. Owing to the richness of international decisions, one may currently speak of ‘case law’ in the field of maritime delimitations. Thus it is indispensable to consider the evolving process of the law of maritime delimitation on the basis of the practice of international courts and tribunals.

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3

Langeraar, Wijnand. "Maritime delimitation." Marine Policy 10, no. 1 (1986): 3–18. http://dx.doi.org/10.1016/0308-597x(86)90028-x.

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4

Anderson, D. H. "Maritime delimitation." Marine Policy 12, no. 3 (1988): 231–40. http://dx.doi.org/10.1016/0308-597x(88)90061-9.

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5

Yoshifumi, Tanaka. "Reflections on the Concept of Proportionality in the Law of Maritime Delimitation." International Journal of Marine and Coastal Law 16, no. 3 (2001): 433–63. http://dx.doi.org/10.1163/157180801x00162.

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AbstractThe concept of proportionality is one of the important relevant circumstances in maritime delimitation. In the case law relating to maritime delimitations, the role of proportionality has been enlarged geographically as well as functionally by international courts and tribunals. However, such an enlarged role of proportionality is not free from problems. Thus, this paper purports to examine the concept of proportionality in maritime delimitation from a critical viewpoint by analysing relevant judgments and state practice.

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6

Lakićević-Đuranović, Bojana. "Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea." Transactions on Maritime Science 6, no. 2 (2017): 125–29. http://dx.doi.org/10.7225/toms.v06.n02.004.

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This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the developm

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7

Pratomo, Eddy. "INDONESIA-MALAYSIA MARITIME BOUNDARIES DELIMITATION: A RETROSPECTIVE." Padjadjaran Journal of International Law 3, no. 1 (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

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8

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 (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

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9

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

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10

Tanaka, Yoshifumi. "Reflections on Maritime Delimitation in the Qatar/Bahrain Case." International and Comparative Law Quarterly 52, no. 1 (2003): 53–80. http://dx.doi.org/10.1093/iclq/52.1.53.

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After nearly 10 years of proceedings before the International Court of Justice (ICJ), the Court, on 16 March 2001, rendered the decision concerning maritime delimitation and territorial questions between Qatar and Bahrain. One may identify two interesting features in this judgment. First, the ICJ, in the Qatar/Bahrain case (Merits), peacefully resolved a difficult dispute regarding territorial sovereignty as well as maritime delimitation.1 In this connection, a question which arises is the interrelation between territorial disputes and maritime delimitation.2 As will be seen later, the status

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11

Yearbook of Islamic and Middle East, Editors. "Qatarv. Bahrain - Maritime Delimitation." Yearbook of Islamic and Middle Eastern Law Online 2, no. 1 (1995): 563–84. http://dx.doi.org/10.1163/221129896x00299.

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12

Elferink, A. G. O. "Delimitation of Maritime Zones." International Journal of Marine and Coastal Law 12, no. 4 (1997): 548–51. http://dx.doi.org/10.1163/15718089720491837.

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13

Gao, Jianjun. "International maritime delimitation process." KMI International Journal of Maritime Affairs and Fisheries 2, no. 2 (2010): 27–56. http://dx.doi.org/10.54007/ijmaf.2010.2.2.27.

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14

TANAKA, YOSHIFUMI. "Reflections on the Territorial and Maritime Dispute between Nicaragua and Colombia before the International Court of Justice." Leiden Journal of International Law 26, no. 4 (2013): 909–31. http://dx.doi.org/10.1017/s0922156513000460.

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AbstractOn 19 November 2012, the International Court of Justice gave its judgment concerning the Territorial and Maritime Dispute between Nicaragua and Colombia. This judgment includes several important issues which need serious consideration, such the as legal status of maritime features, the interpretation and application of Article 121 of the UN Convention on the Law of the Sea, the methodology of maritime delimitations, the role of proportionality in maritime delimitations, and the impact of the judgment upon third states and effect of Article 59 of the ICJ Statute. Focusing on these issue

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15

Tanaka, Yoshifumi. "Maritime Boundary Delimitation by Conciliation." Australian Year Book of International Law 36, no. 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 reve

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16

Tubic, Bojan. "International rules on maritime delimitation." Zbornik radova Pravnog fakulteta, Novi Sad 47, no. 4 (2013): 337–52. http://dx.doi.org/10.5937/zrpfns47-5144.

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17

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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18

Prescott, Victor. "Relevant circumstances and maritime delimitation." Marine Policy 14, no. 6 (1990): 538. http://dx.doi.org/10.1016/0308-597x(90)90026-n.

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19

Alexander, Lewis M. "The delimitation of maritime boundaries." Political Geography Quarterly 5, no. 1 (1986): 19–24. http://dx.doi.org/10.1016/0260-9827(86)90006-6.

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20

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

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21

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 (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 com

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22

Kastrisios, Christos, and Lysandros Tsoulos. "Maritime zones delimitation – Problems and solutions." Proceedings of the ICA 1 (May 16, 2018): 1–7. http://dx.doi.org/10.5194/ica-proc-1-59-2018.

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The delimitation of maritime zones and boundaries foreseen by the United Nations Convention on the Law of the Sea (UNCLOS) is a factor of economic growth, effective management of the coastal and ocean environment and the cornerstone for maritime spatial planning. Maritime zones and boundaries form the outermost limits of coastal states and their accurate delineation and cartographic portrayal is a matter of national priority. Although UNCLOS is a legal document, its implementation -at first place- is purely technical and requires -amongst others- theoretical and applied background on Geodesy,

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23

Fahmy, Walid. "Equitable Principles from the Perspective of International Law of the Sea." Economics, Law and Policy 1, no. 1 (2018): 46. http://dx.doi.org/10.22158/elp.v1n1p46.

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<em>The notion of equitable principles is considered in public international law as a subsidiary source of law. However, it is nevertheless an autonomous concept in the law of the sea, and particularly in the law of maritime delimitations. However, can this notion in international litigation of maritime delimitation be defined both in form and in substance? Thus, can one say precisely in which legal category it is classified, and can its content be defined?</em>

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24

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 inv

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25

Lott, Alexander. "The Estonian-Russian Territorial Sea Boundary Delimitation in the Gulf of Finland." International Journal of Marine and Coastal Law 32, no. 3 (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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26

von Mühlendahl, Paul. "Tiny Land Features in Recent Maritime Delimitation Case Law." International Journal of Marine and Coastal Law 31, no. 1 (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, consisti

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27

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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28

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

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29

Franckx, Erik. "EC maritime zones: The delimitation aspect." Ocean Development & International Law 23, no. 2-3 (1992): 239–58. http://dx.doi.org/10.1080/00908329209545986.

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30

Bonafé, Beatrice I. "Maritime Delimitation in the Indian Ocean." American Journal of International Law 111, no. 3 (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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31

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

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32

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

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33

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 zon

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34

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 (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 institutionaliz

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35

Peiris, Nuwan. "Ghana v. Ivory Coast." American Journal of International Law 112, no. 1 (2018): 88–93. http://dx.doi.org/10.1017/ajil.2018.10.

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The charm of maritime delimitation and its enigmatic lessons hardly surprise us, yet the reasoning behind them sometimes seems seductively elusive. On September 23, 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) issued its decision in Ghana v. Ivory Coast. The glamour of maritime delimitation is reason enough to note the judgment, but the case also addresses the equidistance principle for maritime delimitation, the standard for the acceptance of a tacit agreement, and international responsibility under Article 83 of the United Nations Convention on the Law

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36

Klemenčić, Mladen, and Duško Topalović. "Morske granice u Jadranskome moru." Geoadria 14, no. 2 (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 complet

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37

Charney, Jonathan I. "Progress in International Maritime Boundary Delimitation Law." American Journal of International Law 88, no. 2 (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 t

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38

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

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39

Evans, Malcolm D. "The Maritime Delimitation Between Eritrea and Yemen." Leiden Journal of International Law 14, no. 1 (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

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40

Oude Elferink, Alex G. "Maritime Delimitation Between Denmark/Greenland and Norway." Ocean Development & International Law 38, no. 4 (2007): 375–80. http://dx.doi.org/10.1080/00908320701641586.

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41

Pratomo, Eddy. "Indonesia–Malaysia maritime boundaries delimitation: a retrospective." Australian Journal of Maritime & Ocean Affairs 8, no. 1 (2016): 73–84. http://dx.doi.org/10.1080/18366503.2016.1174362.

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42

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

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43

Churchill, R. R. "Maritime delimitation in the Jan Mayen area." Marine Policy 9, no. 1 (1985): 16–38. http://dx.doi.org/10.1016/0308-597x(85)90077-6.

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44

Jain, Abhimanyu George. "Maritime Dispute." American Journal of International Law 109, no. 2 (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 (UNCL

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45

Yang, Hee-Cheol, Seong-Wook Park, and Hyeon-Su Jeong. "A Study on the Maritime Delimitation Policy of China on Maritime Delimitation in Tonkin Gulf and Policy of Korea." Ocean and Polar Research 29, no. 3 (2007): 245–62. http://dx.doi.org/10.4217/opr.2007.29.3.245.

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46

DAVENPORT, Tara. "Southeast Asian Approaches to Maritime Boundaries." Asian Journal of International Law 4, no. 2 (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 Asi

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47

Churchill, Robin. "Dispute Settlement in the Law of the Sea: Survey for 2014." International Journal of Marine and Coastal Law 30, no. 4 (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 arbitr

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48

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 (2019): 219–42. http://dx.doi.org/10.30887/jkmps.2019.9.2.219.

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49

Pappa, Marianthi. "The Impact of Judicial Delimitation on Private Rights Existing in Contested Waters: Implications for the Somali-Kenyan Maritime Dispute." Journal of African Law 61, no. 3 (2017): 393–418. http://dx.doi.org/10.1017/s0021855317000286.

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AbstractThis article raises concerns about the impact of judicial delimitation on private exploratory rights existing in contested waters. These concerns stem from the tendency of judges to disregard any non-geographic factors during the process of maritime delimitation. This practice allows for the reallocation of the private rights in question and eventually creates tension between public international law and private law. This is discussed in the context of the Somali-Kenyan maritime dispute, which is currently under judicial consideration. The article will demonstrate that, insofar as inte

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50

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 (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 a

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