Maritime Delimitation as a Judicial Process

The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.

Massimo Lando (Author)

9781108740050, Cambridge University Press

Paperback / softback, published 5 November 2020

446 pages, 25 maps
22.9 x 15.1 x 2.2 cm, 0.64 kg

'[T]he major contribution of the book is to tease out the widely acknowledged but understudied theme that maritime delimitation has involved judicial law-making … The book thus advocates judicial law-making in this context being recognised as a formal source of law rather than a subsidiary means of determining the law.' Douglas Guilfoyle, International and Comparative Law Quarterly

Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.

Figures
Foreword
Preface
Table of cases
Table of treaties and legislation
Abbreviations
1. Maritime delimitation in the time of international tribunals
2. Historical and conceptual framework
3. Relevant coast and relevant area
4. Equidistance
5. Relevant circumstances
6. Disproportionality
7. States, international tribunals and the delimitation process
Appendix 1
Appendix 2
Bibliography
Index.

Subject Areas: International maritime law [LBDM], International organisations & institutions [LBBU], Law of the sea [LBBK], International relations [JPS]