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
1 - Introduction
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
This chapter provides the necessary background as to why addressing the issue of the rights and obligations of States prior to delimitation is both pressing and topical. The main objective of the book is to lay out the rights and obligations of States (i.e. claimants and third States) under international law in disputed maritime areas. Particular emphasis in this regard is placed on those areas where States have not agreed upon delimitation (a), neither have been able to agree on cooperative arrangements (b), and for which a modus vivendi has not been developed to regulate activities in a disputed maritime area (c). Apart from that, States are obligated to take certain (unilateral) measures in disputed areas. This is because entitlements to maritime zones come with related obligations for the coastal State regarding certain issues. For instance, with regard to managing and conserving living marine resources, as well as protecting the marine environment, coastal States have significant obligations under the LOSC. Another issue that is discussed is how jurisdictional uncertainty, which is inherent to disputed maritime areas, affects claimant States, third States and their nationals.
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- Publisher: Cambridge University PressPrint publication year: 2021