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Maritime Disputes and International Law: Disputed Waters and Seabed Resources in Asia and Europe

Maritime Disputes and International Law: Disputed Waters and Seabed Resources in Asia and Europe

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780815375203
  • 出版时间 June 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

  • List of figures
    List of cases
    List of abbreviations
    Preface
    Acknowledgements
    Chapter 1: Introduction
    Background to this book
    International cooperation over seabed activities? Why now?
    Goals of this book
    Structure of this book
    Chapter 2: The International Law of Maritime Boundary Delimitation
    Introduction
    The role of seabed activities in the development of the law of the sea
    Assessing the efforts to codify the law of maritime delimitation
    The 1958 United Nations Conference on the Law of the Sea
    The Third United Nations Conference on the Law of the Sea (1973–1982)
    Maritime boundary delimitation before international courts and tribunals
    Introduction
    The equitable principles/relevant circumstances method
    Moving towards a more certain delimitation methodology? The increasing importance of equidistance
    Drawing a single EEZ and continental shelf boundary
    The prominence of geography
    Relevant circumstances when drawing a single EEZ/continental shelf boundary
    Conclusion
    Chapter 3: The Aegean Sea Maritime Delimitation Dispute
    Introduction
    Geographical characteristics
    Maritime claims and applicable law
    Territorial sea claims
    Continental shelf claims
    EEZ claims
    Method of delimitation advanced by Greece
    Method of delimitation advanced by Turkey
    Questions of maritime delimitation in the Aegean Sea
    Zone-generating capacity of islands
    ‘Rocks’
    ‘Cannot sustain human habitation or economic life of their own’
    The role and effect of islands in maritime boundary delimitation
    Introduction
    Discernible principles or approaches
    Discounting islands as base points
    Granting islands reduced effect
    Island enclaves
    Combination of approaches
    Implications for the Aegean Sea
    Seabed resources in the Aegean Sea
    Conclusion
    Chapter 4: The East China Sea Maritime Delimitation Dispute
    Introduction
    Geographical and geomorphological characteristics
    Maritime claims and applicable law
    China
    Taiwan
    Japan
    South Korea
    Delimitation questions in the East China Sea
    China’s outer continental shelf submission to the CLCS
    The role of geology and geomorphology in maritime boundary delimitation
    Jurisprudence
    State practice
    Timor Sea
    Japan’s practice towards South Korea
    Senkaku/Diaoyu islands and Article 121(3) of UNCLOS
    Introduction
    Application of Article 121(3) of UNCLOS to Senkaku/Diaoyu islands
    Effect of Senkaku/Diaoyu islands on maritime boundary delimitation
    Oil and gas development in the East China Sea
    Conclusion
    Chapter 5: Unilateral Seabed Activities in Disputed Waters
    Introduction
    Maritime spaces under overlapping ‘sovereign rights’
    Rights and obligations of States pending resolution of overlapping claims
    Obligation to make every effort to conclude provisional arrangements
    Obligation to make every effort not to aggravate the dispute
    Lessons to be learned
    Objective criteria are useful but much depends on the context
    More scope for unilateralism?
    Meaningful responses against unilateral petroleum activities
    Impact on energy investments
    Conclusion
    Chapter 6: Joint Development of Seabed Resources in Disputed Maritime Areas
    Introduction
    The basic concept of joint development
    Joint development and cross-border unitisation
    The functional character of joint development
    The legal foundations of joint development
    EEZ and continental shelf rights
    Joint development in the law of the sea
    Joint development and customary international law
    Joint development in State practice
    Single state authority
    Joint authority
    Compulsory joint venture
    Conclusion
    Chapter 7: Beyond Delimitation Questions in the East China Sea and the Aegean
    Introduction
    Negotiating joint development in the East China Sea and the Aegean
    Recognition of the prima facie validity of competing claims
    Political will
    Determining the zone of cooperation
    A joint development zone in the Aegean?
    Choice of legal framework applicable to the joint development zone: options
    Single state model
    Joint authority model
    Preferable approach: ‘divide and manage’
    Institutional set-up
    Key objectives of the joint commission
    Orderly and timely exploration and exploitation of petroleum
    Prevent or mitigate conflicts between petroleum activities and other marine uses
    Protection and preservation of the marine environment
    Chapter 8: Conclusion
    Index

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