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This book addresses the often vexed question of national maritime claims and the delimitation of international maritime boundaries. The number of undelimited international maritime boundaries is much larger than the number of agreed lines. The two boundaries that define the marine domain of coastal states are examined. First, the baselines along the coast may consist of low-water lines or straight lines or a combination of both. When straight lines are used they define the seaward limit of the state's internal waters. Second, the outer limits of claims to territorial seas, contiguous zones and exclusive economic zones are measured from the baselines. All states will have to delimit at least one international boundary with a neighbouring state, whether adjacent or opposite. In confined seas no state can claim the full entitlement and must negotiate international boundaries with all neighbours. Many states bordering oceans can claim the full entitlement seawards, although they will need to delimit national boundaries with adjacent neighbours.
Volume III includes: a systematic examination of all international maritime boundaries worldwide, the text of every modern boundary agreement, descriptions of judicially-established boundaries, plus other resources that make it an unmatched comprehensive, accessible resource in the field.
In the classical and neo-classical periods of international law, the law of the sea was chiefly concerned with the need to facilitate the movement of ships. In the post-World War II period, however, coastal states began to make juridictional claims to extensive areas of the ocean, requiring decisions on how ocean boundaries are to be established and maintained.
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
For the Makahs, a tribal nation at the most northwestern point of the contiguous United States, a deep relationship with the sea is the locus of personal and group identity. Unlike most other indigenous tribes whose lives are tied to lands, the Makah people have long placed marine space at the center of their culture, finding in their own waters the physical and spiritual resources to support themselves. This book is the first to explore the history and identity of the Makahs from the arrival of maritime fur-traders in the eighteenth century through the intervening centuries and to the present day. Joshua L. Reid discovers that the “People of the Cape” were far more involved in shaping the maritime economy of the Pacific Northwest than has been understood. He examines Makah attitudes toward borders and boundaries, their efforts to exercise control over their waters and resources as Europeans and Americans arrived, and their embrace of modern opportunities and technology to maintain autonomy and resist assimilation. The author also addresses current environmental debates relating to the tribe's customary whaling and fishing rights and illuminates the efforts of the Makahs to regain control over marine space, preserve their marine-oriented identity, and articulate a traditional future.
This book examines to what extent—and to what effect—we currently manage the oceans as a global commons.
This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law. Piracy, global warming and ecosystem challenges, geo-engineering, control of pollution in shipping operations, Seabed Authority policy, and performance of the UN Regional Seas Programme are among key issues presented in both their regional and legal dimensions. Also considered in depth are law, ocean policy, and the operation of international organizations in Northeast Asia, Latin America, the Indian Ocean region, the African coastal areas, and the Arctic. The accessibility of subject matter and the readability of the text's 26 chapters enhance the value of this book as an important addition to the literature. Regions, Institutions, and Law of the Sea is the latest publication of the Law of the Sea Institute at UC Berkeley, a major voice in the global debates of contemporary ocean law and policy. Inha University-Incheon was a major co-sponsor of the project.
This edited volume adds to the literature on Myanmar and its borders by drawing attention to the significance of geography, history, politics and society in the construction of the border regions and the country. First, it alerts us to the fact that the border regions are situated in the mountainous and maritime domains of the country, highlighting the commonalities that arise from shared geography. Second, the book foregrounds socio-spatio practices — economic, intimate, spiritual, virtual — of border and boundary-making in their local context. This demonstrates how state-defined notions of territory, borders and identity are enacted or challenged. Third, despite sharing common features, Myanmar’s borderscapes also possess unique configurations of ethnic, political and economic attributes, producing social formations and figured worlds that are more cohesive or militant in some border areas than in others. Understanding and comparing these social practices and their corresponding life-worlds allows us to re-examine the connections from the borderlands back to the hinterland and to consider the value of border and boundary studies in problematizing and conceptualizing recent changes in Myanmar. “This ambitious project combines sophisticated theorization of boundary-making as a form of social practice and empirical studies of Myanmar’s heterogeneous borderlands, both land and sea. Seeing the country from its edges opens up a provocative and altogether novel vision of the contestations joining diverse peripheries and centre. This volume brings together the leading scholars of the country in a collection that is a must-have for anyone interested in contemporary Myanmar, border studies, and Southeast Asia.” -- Itty Abraham, Head, Department of Southeast Asian Studies, National University of Singapore (NUS) “This is the first book to attempt to bring together such a diverse range of Myanmar’s land and maritime border regions for comparison. In doing so, it highlights the diversity of the country’s demographic, social, economic and political make-up when viewed from the margins rather than the centre. It reveals how these border regions help to constitute the nation and how they shape what modern Myanmar is today — they also give strong indicators of what it might become. This is an essential read for anyone in the social sciences interested in borderlands, as well as those requiring a broader understanding of the challenges facing the contemporary Myanmar government as it attempts to usher in social and political cohesion following decades of conflict.” -- Mandy Sadan, Reader in the History of South East Asia, School of Oriental & African Studies (SOAS)