Book contents
- The Individual in the Law and Practice of the International Court of Justice
- Cambridge Studies in International and Comparative Law: 192
- The Individual in the Law and Practice of the International Court of Justice
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Introduction
- Part I The Individual in the Law of the International Court of Justice
- Part II The Individual in the Practice of the International Court of Justice
- 6 Maritime Disputes
- 7 Territorial Disputes
- 8 Environmental Disputes
- 9 Sources
- 10 Remarks on Practice
- 11 Final Thoughts
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
6 - Maritime Disputes
from Part II - The Individual in the Practice of the International Court of Justice
Published online by Cambridge University Press: 25 March 2025
- The Individual in the Law and Practice of the International Court of Justice
- Cambridge Studies in International and Comparative Law: 192
- The Individual in the Law and Practice of the International Court of Justice
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Introduction
- Part I The Individual in the Law of the International Court of Justice
- Part II The Individual in the Practice of the International Court of Justice
- 6 Maritime Disputes
- 7 Territorial Disputes
- 8 Environmental Disputes
- 9 Sources
- 10 Remarks on Practice
- 11 Final Thoughts
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
This chapter identifies the distinct contexts in maritime disputes where concerns for local populations are raised in states’ arguments but dismissed by the Court. It observes that the overarching reason underpinning this approach is the Court’s adherence to legal formalism. This approach is appropriate when determining the pre-existence of a maritime boundary before delimiting one. However, when adjusting a provisional line in maritime boundary delimitation, it argues that the principle of equity can play a greater role in promoting a fuller consideration of the needs of local populations. Beyond the delimitation process, when attributing sovereignty to a maritime zone, the dismissing concerns for local populations has taken the form of rejecting states’ arguments regarding historic fishing rights. In this context, this chapter argues that reframing the understanding of stability can allow for historic fishing rights to be upheld and, therefore, for the needs of local populations to be considered.
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- Publisher: Cambridge University PressPrint publication year: 2025