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14 - Conclusions

Taking Stock and Looking Ahead

Published online by Cambridge University Press:  23 February 2018

Alex G. Oude Elferink
Affiliation:
Universiteit Utrecht, The Netherlands
Tore Henriksen
Affiliation:
Universitetet i Tromsø, Norway
Signe Veierud Busch
Affiliation:
Universitetet i Tromsø, Norway
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Summary

This chapter draws together the conclusions of the preceding chapters. A first section considers the general rules on delimitation contained in multilateral conventions and customary law and assesses how these rules have been provided further, specific content by the case law. It is concluded that the case law’s explanation of the central concepts of the law is not wholly satisfactory. The chapter then considers how the terms consistency and predictability should be understood, how they relate to each other, and makes an assessment of the consistency and predictability of the case law. Consistency can be said to exist at the level of defining the approach to delimitation, but in applying this approach this is less so. Predictability exists in relation to straightforward case, but assessing the outcome of complex cases remains a daunting task. Next, the chapter considers the normative nature of the process of maritime boundary delimitation and briefly considers how the case law on the delimitation of maritime boundaries may develop in the future. In the final analysis, it is concluded that research into the consistency and predictability of the case law on maritime delimitation is likely to remain relevant in the years to come.
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Chapter
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Maritime Boundary Delimitation: The Case Law
Is It Consistent and Predictable?
, pp. 376 - 402
Publisher: Cambridge University Press
Print publication year: 2018

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