![]() Montreal: McGill Queen’s University Press, 1988. The Theory and History of Ocean Boundary-Making. NNNThis is probably the most complete multivolume work on maritime delimitation, an ambitious collection that contains essays on core issues dealing with maritime delimitation (Volumes 1, 5, and 6) and overall, within its six volumes and more than 4600 pages, includes separate systematic studies of every maritime boundary agreement. ![]() Dordrecht, The Netherlands: Martinus Nijhoff, 1993–2011. However, maritime delimitation has a specific juridical relevance, as long as that complex process combines legal and technical features both in the formation of international norms and their codification and in the activity of international adjudication in the determination of maritime boundaries, as described in Lucchini and Voelckel 1996 and Lagoni and Vignes 2006.Ĭharney, Jonathan I., et al. ![]() ![]() Maritime delimitation is, overall, a complex process integrated by legal and technical elements, where jurists don’t have an exclusive role, as Kapoor and Kerr 1986 shows. 1983 For a historical perspective, the work of Rhee 1982 is an excellent reference, in combination with that of Johnston 1988, which also presents a deep conceptual and technical analysis in a theoretical way somehow similar to the rationalistic work of Marques Antunes 2003. A global view of other bibliographic references that reveals the multidimensional and multidisciplinary nature of the doctrine of maritime delimitation is contained in McDorman, et al. 1993–2011, which has become the main reference work on the subject. The most ambitious work on the topic is Charney, et al. Due to this fact and to the indeterminate nature of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) provisions on maritime delimitation, international jurisprudence acquires an enormous value, which is highlighted by the unanimous consent doctrine.Īs explained in the Introduction, maritime delimitation is one of the most complex fields of international law, so the general doctrine referred to under this topic will be marked by elements of complexity from its historical evolution to the results of the maritime delimitation process. In the absence of such an agreement, the parties formerly submitted the dispute to international adjudication, mainly to the ICJ, but also to arbitral tribunals or even to the International Tribunal for the Law of the Sea (ITLOS). From a legal point of view, an international maritime boundary is established by agreement between the parties. In this context, the traditional political nature of maritime boundaries is being supplemented by economic and even by environmental considerations as part of the evolution of the phenomenon of multiplication of maritime boundaries. After that coastal states tended to increasingly exert their sovereignty over seas and oceans, starting an irreversible trend of creating more and larger maritime zones under their sovereign rights or functional competence to administer the territory. Traditionally, states have been concerned about land boundaries their interest in maritime boundaries came relatively late when, at the beginning of the 20th century, they discovered the economic potential of the sea in terms of living marine resources and, in particular, hydrocarbons. In fact since 1940, more than twenty disputes concerning international maritime boundaries have been submitted to international judiciary bodies, and in the particular case of the International Court of Justice (ICJ) maritime delimitation constitutes the principal object of the demands registered. At the same time, in a world where the approximately 60 percent of maritime boundaries are still to be defined, maritime delimitation and its law are undergoing a process of progressive definition in several ways, mainly through the activity of international courts and tribunals. A combination of legal, political, technical, historical, environmental, and economic elements has turned this topic into one of the most studied not only by jurists, but hydrographers, geographers, cartographers, and other experts. Maritime delimitation is one of the most discussed issues in international law, distinguished by unusual technical complexity and political relevance.
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