Predictability and flexibility in the law of maritime delimitation / Yoshifumi Tanaka.

Format:

Book

Author/Creator:

Tanaka, Yoshifumi, author.

Series:

Studies in international law (Oxford, England) ; v. 8.

Studies in international law ; v. 8

Language:

English

Subjects (All):

Territorial waters.

Physical Description:

1 online resource (501 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2006.

Language Note:

English

Summary:

"This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors is also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a diversity of factors in order to achieve an equitable result? This, according to the author, is the question at the heart of the law of maritime delimitation. This book seeks for a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first by reviewing the evolution of the law of maritime delimitation; second, by undertaking a comparative study of the case law and State practice; and third, by critically assessing the law of maritime delimitation at this time. 'It may well however have a broader value and usefulness, as a study of the possibilities of reconciling predictability with flexibility in a particularly difficult context, that will, ..., serve as a guide when such a reconciliation is required in other fields of law' (Hugh Thirlway, Principal Legal Secretary, International Court of Justice)."--Bloomsbury Publishing.

Contents:

1. Preliminary considerations

2. Law of maritime delimitation prior to the 1958 Geneva conventions: emergence of two approaches

3. The 1958 Geneva conventions and the 1982 UN convention on the law of the sea

4. Opposition of two approaches in the case law I: continental shelf delimitation

5. Opposition of two approaches in the case law II: single/coincident maritime boundaries

6. Predictability in the law of maritime delimitation: the applicability of the equidistance method at the first stage of delimitation

7. Flexibility in the law of maritime delimitation I: geographical factors

8. Flexibility in the law of maritime delimitation II: non-geographical factors

9. Legal framework reconciling predictability and flexibility in the law of maritime delimitation

10. General conclusion.

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [383]-412) and index.

ISBN:

9786610814183

9781472563675

1472563670

9781280814181

1280814187

9781847311177

1847311172

OCLC:

476005353