Download Straight Baselines in International Maritime Boundary by W. Michael Reisman, Gayl S. Westerman PDF

By W. Michael Reisman, Gayl S. Westerman

The oceans conceal five-sevenths of the Earth's floor. some time past 50 years coastal kingdom, profiting from new expertise and source specifications, have prolonged nationwide jurisdiction hundreds and hundreds of miles into the ocean. This motion has got rid of huge elements of the sea from loose foreign use and has generated countless numbers of boundary conflicts. over the past 30 years overseas tribunes have built, lower than the rubric of "equitable ideas" - a code of principles for boundary delimitation. however the query of the start line, the baseline, from which all limitations are measured has kept away from law. Baselines are drawn in an exorbitant type by means of many states, giving them huge parts of the typical background and sometimes prejudicing the offshore parts of many states. This ebook examines the genesis of the immediately baseline in foreign legislations and the forces that exploited it as a strategy of maritime enlargement as opposed to boundary delimitation.

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Extra resources for Straight Baselines in International Maritime Boundary Delimitation

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He sought to limit the types of jurisdictions and, in particular, to reserve transit rights in waters which would thus be enclosed. Finding the draft of then Article 6 generally acceptable, he nonetheless expressed concern regarding the concluding clause of 15. 16. d. B. INrL L. N. Doc. A/l954. 17. 18. Summary Records of the 254th Meeting, supra note 10, at 66. /d. " 19 Fran

V. J. 116, 130. Straight Baselines in Boundary Delimitation 32 In regard to the British contention that even if straight baselines were appropriate in a given case, no segment, except those enclosing historic waters, should be allowed to exceed the ten-mile limit established for the closing line of juridical bays, the Court held that such a rule had not yet acquired "the authority of a general rule of internationallaw" 41 even in regard to bays. Furthermore, any attempt to apply this limitation to groups of islands and archipelagos had "not got beyond the stage of proposals.

At69. /d. at 71. Codification: ILC and LOS Conferences 45 Commission was to dispel that uncertainty by expressing in more concrete terms the general principle established by the Court. 23 The discussion turned to consideration of the Commission's authority to fix a maximum permissible length for the straight baselines. Some members contended that draft Article 6 should be as flexible as possible, leaving to states the ability to choose reasonable lines and to resort to arbitration in cases of dispute.

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