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judicial protection of private rights

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4 - The Uneven Preservation of Reallocated Private Rights on Land and at Sea
Marianthi Pappa, University of Nottingham
Book:

Non-State Actors' Rights in Maritime Delimitation

Published online:

15 June 2021

Print publication:

08 July 2021, pp 96-135
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Summary

This chapter investigates the way in which international law treats reallocated private rights post delimitation. In doing so, it examines the various mechanisms which are available in international law for the accommodation of such rights on land and at sea, respectively. Firstly, the study compares the conventional mechanisms which are employed by states. Next, it compares the mechanisms which are employed in delimitation case law. A synthesis of the findings reached shows that the accommodation of reallocated private rights is more systematic and effective on land than in the ocean. This demonstrates that reallocated private rights have a greater chance of surviving on land than at sea.