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1 results

  • 6 - Maritime Disputes

  • from Part II - The Individual in the Practice of the International Court of Justice
  • Yusra Suedi, University of Manchester
  • Book:
    The Individual in the Law and Practice of the International Court of Justice
    Published online:
    25 March 2025
    Print publication:
    08 May 2025, pp 139-171

  • Summary

    This chapter identifies the distinct contexts in maritime disputes where concerns for local populations are raised in states’ arguments but dismissed by the Court. It observes that the overarching reason underpinning this approach is the Court’s adherence to legal formalism. This approach is appropriate when determining the pre-existence of a maritime boundary before delimiting one. However, when adjusting a provisional line in maritime boundary delimitation, it argues that the principle of equity can play a greater role in promoting a fuller consideration of the needs of local populations. Beyond the delimitation process, when attributing sovereignty to a maritime zone, the dismissing concerns for local populations has taken the form of rejecting states’ arguments regarding historic fishing rights. In this context, this chapter argues that reframing the understanding of stability can allow for historic fishing rights to be upheld and, therefore, for the needs of local populations to be considered.