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  3. Maritime Delimitation as a Judicial Process
  • Cited by 23
Publisher:
Cambridge University Press
Online publication date:
June 2019
Print publication year:
2019
Online ISBN:
9781108608893
DOI:
https://doi.org/10.1017/9781108608893
Subjects:
Public International Law, Law, Politics and International Relations, International Relations and International Organisations
Series:
Cambridge Studies in International and Comparative Law (144)
Information

Book description

Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.

Reviews

‘Few topics have received as much attention from international courts and tribunals than the delimitation of maritime boundaries. This thought-provoking work offers an informed and sympathetic analysis of their decision-making. It endorses the ‘three stage’ framework established by the International Court of Justice in the Black Sea case in 2009 and explores the importance of several concepts which have attained prominence within the delimitation process but have been relatively under-examined - including relevant coasts, relevant areas and disproportionality. Based on a thorough study of the case law spanning some fifty years, this work makes a significant contribution to an understanding of judicial approaches to maritime delimitation and is bound to be read with great interest by both scholars and practitioners.’

Sir Malcolm D. Evans - University of Bristol

'Lando’s Maritime Delimitation as a Judicial Process is a very thorough and insightful exposition on the international judicial approaches to maritime delimitation. His analysis reflects deep understanding of contemporary principles of maritime delimitation as well as valuable suggestions for their improvement in the future. Lando’s detailed study will not only be a vital resource for scholars and practitioners in the law of the sea but is also a useful reflection on judicial process for all those interested in international law-making.'

Natalie Klein - University of New South Wales

'Maritime delimitation has dominated international courts and tribunals for fifty years since the North Sea Continental Shelf cases. This new work rigorously assesses all of the relevant decisions and provides for the first time a complete analysis of the practice, processes and procedures of judicial maritime delimitation. It will be essential reading for practitioners preparing to appear before a court or tribunal in maritime delimitation matters, and for researchers, scholars and students in the field.'

Donald R. Rothwell - Australian National University

‘[T]he major contribution of the book is to tease out the widely acknowledged but understudied theme that maritime delimitation has involved judicial law-making … The book thus advocates judicial law-making in this context being recognised as a formal source of law rather than a subsidiary means of determining the law.’

Douglas Guilfoyle Source: International and Comparative Law Quarterly

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