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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

Yusra Suedi
Affiliation:
University of Manchester
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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 Press
Print publication year: 2025

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  • Maritime Disputes
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.011
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  • Maritime Disputes
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Maritime Disputes
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.011
Available formats
×