Tiny Land Features in Recent Maritime Delimitation Case Law

in The International Journal of Marine and Coastal Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

A maritime delimitation is, in its very nature, a delicate process, whose complexity can be further compounded by the presence of tiny land features, as they can considerably distort the final delimitation line. In several recent maritime delimitation cases, the question of the legal status of such a feature has arisen on the one hand, and of the potential effect that its presence in the delimitation area should have on the boundary on the other hand. Among the multiple options that international judges or arbitrators may use, they have chosen, and rightly so, a conservative approach, consisting in attributing a largely secondary role, if any, to these chunks of emerged land. This raises the larger issue about the true nature of a maritime delimitation decided by a judge or an arbitrator and, by extension, the relationship between law and nature.

Tiny Land Features in Recent Maritime Delimitation Case Law

in The International Journal of Marine and Coastal Law

Sections

References

2

On this topic see G Guillaume‘Les hauts-fonds découvrants en droit international’ in La mer et son droit. Mélanges offerts à Laurent Lucchini et Jean-Pierre Quéneudec (Pedone Paris 2003) 287–302.

Figures

  • View in gallery
    icj, Territorial and Maritime Dispute (Nicaragua v. Colombia), Judgment of 19 November 2012, icj Reports 2012, p. 714
  • View in gallery
    Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras), Judgment of 8 October 2007, icj Reports 2007, p. 754
  • View in gallery
    icj, Maritime Delimitation in the Black Sea (Romania v. Ukraine), Judgment of 3 February 2009, icj Reports 2009, p. 132
  • View in gallery
    icj, Territorial and Maritime Dispute (Nicaragua v. Colombia), Judgment of 19 November 2012, icj Reports 2012, at p. 714 (detail)
  • View in gallery
    icj, Territorial and Maritime Dispute (Nicaragua v. Colombia), Judgment of 19 November 2012, icj Reports 2012, at p. 711 (detail)

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 63 63 3
Full Text Views 179 179 5
PDF Downloads 13 13 1
EPUB Downloads 0 0 0