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The Law of the SeaProgress and Prospects$
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David Freestone, Richard Barnes, and David Ong

Print publication date: 2006

Print ISBN-13: 9780199299614

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299614.001.0001

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Maritime Boundary Delimitation: Where Do We Go From Here?

Maritime Boundary Delimitation: Where Do We Go From Here?

Chapter:
(p.137) 8 Maritime Boundary Delimitation: Where Do We Go From Here?
Source:
The Law of the Sea
Author(s):

Malcolm D Evans

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199299614.003.0008

The equidistance versus equitable principles debate with respect to maritime boundaries was a controversial topic during the Third United Nations Conference on the Law of the Sea (UNCLOS III). Articles 74 and 83 of the Convention on the Law of the Sea (LOSC) indicate that delimitation of the exclusive economic zone and of the continental shelf, respectively, ‘shall be effected by agreement on the basis of international law in order to achieve an equitable solution’. Accordingly, the LOSC devolves the development of rules and principles of delimitation to general international law, and so any comment on the future of delimitation is a matter that must be considered in the wider context of the law of the sea, rather than through the terms of the LOSC itself. This chapter discusses issues related to maritime boundary delimitation, relevant coasts, circumstances which are sufficiently relevant to be special, and proportionality.

Keywords:   maritime boundaries, delimitation, United Nations Conference, exclusive economic zone, continental shelf, international law, equidistance, equitable principles, proportionality, coasts

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