Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty

According to Articles 74(1) and 83(1) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the maritime boundary delimitation is to be affected by agreement in accordance with international law in order to achieve equitable solution. The rule is inherently vague, controversial and a...

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Main Author:	Hamid, Abdul Ghafur@Khin Maung Sein
Format:	Conference or Workshop Item
Language:	English English
Published:	2017
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/59261/ http://irep.iium.edu.my/59261/ http://irep.iium.edu.my/59261/2/49%20ACCEPTANCE%20GHAFUR.pdf http://irep.iium.edu.my/59261/5/Maritime%20Boundary%20Delimitation%20Presentation%20%28ICDR%202017%29%20%28Prof.%20Ghafur%29%202.pdf

id	iium-59261
recordtype	eprints
spelling	iium-592612018-01-13T07:01:34Z http://irep.iium.edu.my/59261/ Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations According to Articles 74(1) and 83(1) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the maritime boundary delimitation is to be affected by agreement in accordance with international law in order to achieve equitable solution. The rule is inherently vague, controversial and allows the courts unprecedented discretionary power to determine how an equitable solution could be achieved. This watered-down and compromised formula of the UNCLOS 1982 is due to lack of consensus among negotiating States at the time of drafting the convention. The present paper makes an analytical study of the decisions of the International Court of Justice and the International Tribunal for the Law of the Sea on this issue in order to examine whether a consistent maritime boundary delimitation approach has been established through the jurisprudence of the courts. The paper traces the evolving trend of judicial precedents from the equitable principles of the Norther Sea Continental Shelf cases to the two -stage approach initiated in Jan Mayen Case and followed in many other cases, to the three-stage approach of the Black Sea and the more recent cases of the Bay of Bengal and the Columbia-Nicaragua. The paper concludes that while over the past three decades a clearer approach to maritime delimitation has emerged through the decisions of the international courts, there are still subjectivity and uncertainty in the choice of basepoints prior to constructing the provisional delimitation line and in the context of the practical application of the established delimitation approach. 2017-08-10 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/59261/2/49%20ACCEPTANCE%20GHAFUR.pdf application/pdf en http://irep.iium.edu.my/59261/5/Maritime%20Boundary%20Delimitation%20Presentation%20%28ICDR%202017%29%20%28Prof.%20Ghafur%29%202.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2017) Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty. In: International Conference on Dispute Resolution (ICDR) 2017, 9th-10th August 2017, Kuala Lumpur. (Unpublished) https://icdr2017.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Hamid, Abdul Ghafur@Khin Maung Sein Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
description	According to Articles 74(1) and 83(1) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the maritime boundary delimitation is to be affected by agreement in accordance with international law in order to achieve equitable solution. The rule is inherently vague, controversial and allows the courts unprecedented discretionary power to determine how an equitable solution could be achieved. This watered-down and compromised formula of the UNCLOS 1982 is due to lack of consensus among negotiating States at the time of drafting the convention. The present paper makes an analytical study of the decisions of the International Court of Justice and the International Tribunal for the Law of the Sea on this issue in order to examine whether a consistent maritime boundary delimitation approach has been established through the jurisprudence of the courts. The paper traces the evolving trend of judicial precedents from the equitable principles of the Norther Sea Continental Shelf cases to the two -stage approach initiated in Jan Mayen Case and followed in many other cases, to the three-stage approach of the Black Sea and the more recent cases of the Bay of Bengal and the Columbia-Nicaragua. The paper concludes that while over the past three decades a clearer approach to maritime delimitation has emerged through the decisions of the international courts, there are still subjectivity and uncertainty in the choice of basepoints prior to constructing the provisional delimitation line and in the context of the practical application of the established delimitation approach.
format	Conference or Workshop Item
author	Hamid, Abdul Ghafur@Khin Maung Sein
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
title_short	Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
title_full	Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
title_fullStr	Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
title_full_unstemmed	Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
title_sort	refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
publishDate	2017
url	http://irep.iium.edu.my/59261/ http://irep.iium.edu.my/59261/ http://irep.iium.edu.my/59261/2/49%20ACCEPTANCE%20GHAFUR.pdf http://irep.iium.edu.my/59261/5/Maritime%20Boundary%20Delimitation%20Presentation%20%28ICDR%202017%29%20%28Prof.%20Ghafur%29%202.pdf
first_indexed	2023-09-18T21:23:56Z
last_indexed	2023-09-18T21:23:56Z
_version_	1777412065270431744

Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty

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