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Case Concerning Land Reclamation by Singapore in and around the Straits of Johor (Malaysia v. Singapore)

International Tribunal for the Law of the Sea.  08 October 2003 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International tribunals — Provisional measures of protection — International Tribunal for the Law of the Sea — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), Article 290 — Requirements for order of provisional measures — Jurisdiction — UNCLOS Articles 283 and 288 — Obligation to exchange views regarding settlement of dispute by negotiation or other peaceful means — No precondition of exhaustion of diplomatic negotiations before dispute referred to Tribunal

Sea — Territorial sea — Provisional measures — Claim to territorial sea as basis for prescription of provisional measures — Insufficient basis for ordering provisional measures — Interests — Right to natural resources within territorial sea — Estuary — Semi-enclosed sea — Right to integrity of marine environment — Right to be consulted with respect to major land reclamation works — Possible impact on maritime transit rights

Environment — Marine environment — Preservation of marine and coastal environment — Maritime access to coastline — Effect of land reclamation works on marine environment

Comity — International cooperation — Duty to cooperate to prevent pollution of marine environment — UNCLOS Part XII

Type
Case Report
Copyright
© Cambridge University Press 2005

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