Book contents
- The Rights and Obligations of States in Disputed Maritime Areas
- The Rights and Obligations of States in Disputed Maritime Areas
- Copyright page
- Contents
- Preface and Acknowledgements
- Cases
- Treaties and Legislation
- Abbreviations
- 1 Introduction
- 2 Disputed Maritime Areas: Setting the Scene
- 3 Disputed Maritime Areas: General Rules of International Law
- 4 Disputed Territorial Sea and Contiguous Zone Areas: Applicable Conventional Rules
- 5 Disputed EEZ and Continental Shelf Areas: Applicable Conventional Rules
- 6 Case Law Involving the Rights and Obligations of States in Disputed Maritime Areas
- 7 Disputed Waters Generated by Claims Made from Disputed Land Territory: What Are the Rights and Obligations of States?
- 8 Acts of Unilateralism in Disputed Maritime Areas: A Survey of State Practice
- 9 Are the Rights and Obligations of States in Disputed Maritime Areas Sufficiently Defined in International Law?
- Index
9 - Are the Rights and Obligations of States in Disputed Maritime Areas Sufficiently Defined in International Law?
Published online by Cambridge University Press: 01 October 2021
- The Rights and Obligations of States in Disputed Maritime Areas
- The Rights and Obligations of States in Disputed Maritime Areas
- Copyright page
- Contents
- Preface and Acknowledgements
- Cases
- Treaties and Legislation
- Abbreviations
- 1 Introduction
- 2 Disputed Maritime Areas: Setting the Scene
- 3 Disputed Maritime Areas: General Rules of International Law
- 4 Disputed Territorial Sea and Contiguous Zone Areas: Applicable Conventional Rules
- 5 Disputed EEZ and Continental Shelf Areas: Applicable Conventional Rules
- 6 Case Law Involving the Rights and Obligations of States in Disputed Maritime Areas
- 7 Disputed Waters Generated by Claims Made from Disputed Land Territory: What Are the Rights and Obligations of States?
- 8 Acts of Unilateralism in Disputed Maritime Areas: A Survey of State Practice
- 9 Are the Rights and Obligations of States in Disputed Maritime Areas Sufficiently Defined in International Law?
- Index
Summary
The international legal framework that is applicable to disputed maritime areas consists of conventional law – predominantly found in the LOSC – and general rules of international law. Combined, these form a template of rules and obligations that must be observed by States in relation to their disputed area. Two questions arise in this regard: is the international law that is applicable in disputed maritime areas sufficiently defined? And does this international law actually contribute to prevent conflicts between claimant States, or between a third State, or its nationals, and a claimant States in respect of a disputed maritime area? Differences exist in terms of the amount of conflict that is engendered if one claimant decides to act on its rights in a disputed maritime area, without another coastal State’s prior approval. An important question is how does this aspect influence the issue of what the rights and obligations are of States in disputed maritime areas? Also, whether the scope for unilateralism can be defined conclusively is addressed. However, it becomes clear that determining this scope is made impossible by the variable of the circumstances surrounding a particular disputed maritime area.
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- The Rights and Obligations of States in Disputed Maritime Areas , pp. 290 - 320Publisher: Cambridge University PressPrint publication year: 2021