Exploring how international jurisprudence has catalysed the development of maritime delimitation law, this accessible book explores the 'predominant interest' concept and analyses global case studies, as well as landmark legal proceedings. Nicholas A. Ioannides provides a comprehensive overview of the delimitation process, identifying the criteria used to determine how maritime areas are delimited.
The book highlights how international courts and tribunals in delimitation cases have mainly relied on geographical factors, disregarding non-geographical elements, although they are at the core of the continental shelf and Exclusive Economic Zone concepts. Ultimately, Ioannides suggests that non-geographical factors should be taken into account in maritime delimitation in aggregation under the cloak of 'predominant interest' in order to reach an equitable result. Highlighting how predictability should be safeguarded, and equitability should be enhanced, Ioannides outlines the importance of, among others, fishing, security, defence and navigation interests for individual states arguing for control over maritime zones.
Discussing an array of case studies, this is a useful toolkit for international law academics and students, as well as judges ruling on maritime delimitation cases. It will also be an essential guide for state government personnel involved in delimitation disputes.
Rezensionen / Stimmen
'Systematically taking apart many of the established orthodoxies concerning the delimitation of maritime boundaries and drawing on original archival research, this hugely significant book reassesses the importance of factors such as navigation, security, economics and other related matters. Exploring these questions through the lens of "predominant interest", it reveals the role that such factors can and do play. It is a game-changing contribution to the study and practice of maritime boundary delimitation.' -- Sir Malcolm Evans, KCMG OBE, University of Oxford, UK 'Ioannides unconventionally but persuasively advocates for a better way of engaging in maritime delimitation, one that takes account of non-geographical elements, including fishing, environmental, security, and navigational interests. In short, a more comprehensive concept rooted in early jurisprudence-the predominant interest of the relevant States-should now take center stage.' -- Sean D. Murphy, George Washington University, USA
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-80392-669-8 (9781803926698)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Nicholas A. Ioannides, Assistant Professor of International Law, University of Limassol, Cyprus, Greece
Contents
Introduction
1 The origins of the predominant interest concept
2 The content and definition of the predominant interest concept
3 Non-geographical factors in State practice
4 Non-geographical factors in international jurisprudence
5 The predominant interest concept in the delimitation process
Conclusion
Bibliography
