It shows the progression from complete sovereignty of the coastal state in the internal waters to the high seas freedoms for al. Unclos provides a predictable and stable legal regime applicable to oceans globally, including a framework for shipping, delineation of maritime boundaries and the outer limits of the continental shelf, environmental protection, marine scientific research, and deep seabed mining. Maritime boundaries are critical elements to the planning of any activity in the ocean realm. Pdf the delimitation of maritime zones and boundaries foreseen by the united nations convention on the law of the sea unclos is a factor of economic. The third united nations conference on the law of the sea unclos iii led to the. Rebus sic stantibus and maritime boundary agreements. Maritime boundary disputes pose the most dangerous potential for conflict between states. Prepared in cooperation with the international maritime law institute, the international maritime organizations research and training institute, this a uniquely comprehensive study of this fundamental area of international law.
Maritime zones and boundaries form the outermost limits of coastal. A maritime boundary is a conceptual division of the earths water surface areas using physiographic or geopolitical criteria. Africas maritime boundaries, in accordance with the relevant international regimes, encompass territorial waters, contiguous zones, continental shelf and exclusive economic zones. Protracted maritime boundary disputes and maritime laws. Maritime boundaries featured in this layer include territorial waters, bi or multilateral boundaries e. Maritime claims references manual issued january 1997and updated on 2 april. Maritime law the law of the sea and its effects on.
The imli manual on international maritime law book summary. This paper offers views on four questions which remain unresolved. It is possible to download the used treaties in pdf and the coordinates of the. United nations convention on the law of the sea wikipedia.
Abstract the legal regime of maritime boundary delimitation, as developed through the codification and progressive development process of international law, mainly based on two fundamental aspects. The boundaries of these maritime zones between coastal states are established through international agreements entered into by those nations. The law of the sea maritime boundary office maritime. Despite african states massive support to the event of unclos, their envy to possess ocean resources is gradually getting entangled in the implementation of unclos provisions regarding the delimitation of maritime boundaries upon which they can enjoy sovereign rights or claim sovereignty. The united nations convention on the law of the sea of 10. Delimitation of maritime boundaries between adjacent states. Unclos and maritime boundaries regional maritime boundaries project background current status of project lessons learnt over past 10 years importance of the project in the region. Delimitation of the maritime boundaries between the. Pdf the automated delimitation of maritime boundariesan. Rongxing guo, in crossborder resource management third edition, 2018. Judgment in maritime boundary dispute between bangladesh and myanmar. Revisiting unilateral exploitation of mineral resources in.
While the 2008 ilulissat declaration did affirm the a5s commitment. International law and the protection of the marine environment. Law of the sea cases heard by annex vi arbitral tribunals 5. Maritime boundary, like territorial or land boundary, is a politically sensitive subject, because it affects a states sovereign rights concerning the fisheries, hydrocarbons and other resources as well as uses of the sea.
Convention and identifies the problems inherent in the maritime delimitation process. As such, it usually bounds areas of exclusive national rights over mineral and biological resources, encompassing maritime features, limits and zones. The delimitation of maritime zones and boundaries foreseen by the united nations convention on the law of the sea unclos is a factor of economic growth, effective management of the coastal and. The united nations convention on the law of the sea unclos is established to define coastal and maritime boundaries, to regulate seabed exploration not within territorial claims, and to distribute revenue from regulated exploration. With so many competing interests in the region, the role of unclos and the international law methodology for resolving maritime boundaries is highly topical. A sound understanding of its key principles and implications was important throughout my time. Admissibility of claim of unlawful threat or use of forcetribunal has jurisdiction under article 293 of unclos to apply rules of international law not incompat. The maritime boundaries and areas are calculated from the baselines. Pacific islands regional maritime boundaries project. Maritime boundary delimitation between 59 opposite or adjacent states chapter iv. Despite the provisions of unclos, africa has several unresolved maritime boundary disputes. Schiffman encyclopedia of life support systems eolss the particular contribution of unclos is that it not only fixed the breadth of the territorial sea at a maximum of 12 nautical miles but it also designated other segments. Indonesia has ongoing maritime boundary discussions with malaysia, palau and timorleste.
Maritime boundary dispute is a muchtalked issue in the international legal arena. Conference papers and posters unclos and effectiveness of the law on maritime delimitation. The delimitation of maritime zones and boundaries foreseen by the united nations convention on the law of the sea unclos is a factor of economic growth, effective management of the coastal and ocean environment and the cornerstone for maritime spatial planning. Currently, arbitration proceedings are going on between india and bangladesh at the permanent court of arbitration, the hague, for the delimitation of their maritime boundaries under the unclos, 1982. Equitable principles of maritime boundary delimitation equity emerged as a powerful symbol of aspired redistribution in international relations. The notion of equity in the determination of maritime. Maritime zones delimitation problems and solutions unhccom. The law of the sea has played a central role in my professional life. The coordinates of points listed in these conventions are vertices of maritime boundaries the maritime boundaries themselves. In accordance with the law of the sea convention unclos, maritime boundaries are to be delimited by agreement on the basis of international law as. Australias maritime arrangements with timorleste dfat.
Emdadul haque, delimitation of maritime boundaries of bangladesh in quest of a just and equitable solution 2011 x may jati journal, 2740. This book deals with the role of equity in international. Pdf determining the accurate location of maritime boundaries and. This threevolume manual on international maritime law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. The complacency of these provisions is enraging african states on their attempts to appropriate maritime. In 1989, somalia ratified the united nations convention on the law of the sea unclos, which contains guidelines for claiming territorial. The handbook covers legal, technical and practical information deemed essential in negotiating maritime boundary delimitation between coastal states.
Territorial seas 12nm contiguous zones 24nm internal waters. Generally, a maritime boundary is delineated at a particular distance from a jurisdictions coastline. It was the topic of my phd dissertation at the fletcher school. There is a significant reason for the renewal of legal activities. It shows the progression from complete sovereignty of the coastal state in the internal waters to. All of the states bordering the south china seabrunei darussalam, china, indonesia, malaysia, the philippines, and vietnamare parties to unclos. Introduction the geneva conventions on the territorial sea and contiguous zone,1 the con. Pdf maritime boundaries delimitation and dispute resolution.
Delimitation of the maritime boundaries between the adjacent states. United nations convention on the law of the sea unclos. International law and institutions international law and the protection of the marine environment howard s. Significance and implications under international law abdullah al faruque1 1. Delimitation of maritime boundaries between adjacent states nugzar dundua united nations the nippon foundation fellow. Jul 26, 2016 support wendover productions on patreon. Yet unclos is silent on whether baselines, and therefore maritime. Pacific islands regional maritime boundaries project 31st star conference, nadi.
Maritime boundary delimitation where claims overlap. Practitioners guide to maritime boundary delimitation. Unclos provides two specific regimes which are fundamental to maritime security and order on the seas. Exclusive economic zones eez exclusive economic zones boundaries. Maritime boundaries delimitation and dispute resolution in. The appropriate delineation of maritime boundaries has a lot of strategic, economic and environmental implications. One of the fundamental principles under unclos is that any maritime boundary agreement must reach an equitable solution. Provides a practical overview of maritime delimitation, with detailed commentary on all judgments and awards delimitating boundaries since 1969. This paper provides an overview and analysis of the legal aspects of the indiabangladesh maritime boundary dispute. One country, however, has been noticeably absent from adopting the conventionthe united states. States that are parties to unclos are obliged to reach agreement by negotiation on permanent maritime boundaries with their neighbours where they have competing claims to exclusive economic zones in other words, where they are less than 400 nautical miles apart as is the case with timorleste and australia, and timorleste and indonesia or. Maritime boundary disputes and article 298 of unclos in. In the maritime boundaries dataset, the baselines used were a combination of a coastline as a proxy for the lowwater line the normal baseline described in unclos and straight or archipelagic baselines.
United nations convention on the law of the sea unclos and delimitation of maritime boundaries. Judgment in maritime boundary dispute between bangladesh. The dataset has been compiled by geoscience australia in. Maritime boundary an overview sciencedirect topics. The maritime boundaries version 11 are now available on the marine regions website. Maritime zones are drawn using what the losc calls baselines. Methodology for the creation of the maritime boundaries. Of the maritime boundaries yet to be delimited between canada and the united states, the beaufort sea might be the more pressing one, considering its strategic location in a rapidly developing arctic region and its vast economic potential. United nations convention on the law of the sea unclos and maritime boundaries regional maritime boundaries project background current status of project lessons learnt over past 10 years importance of the project in the region future directions.
A bangladesh perspective a k m emdadul haque supervisors associate professor daud hassan associate professor scott mann a thesis submitted in fulfilment of the requirements for the award of the degree. Jun 28, 2016 maritime boundaries featured in this layer include territorial waters, bi or multilateral boundaries e. Handbook on the delimitation of maritime boundaries book summary. The low of the sea, in its essence, divides the sea into zones and specifies the rights and duties of states and ships flying theirflags in those zones. Status of maritime boundaries in pacific island countries. Unlike inland waters, coastal waters rise and fall in tides. It first declared its territorial sea boundary out to 200 nautical miles nm in 1972. Indeed, clarity of maritime boundaries in the bay of bengalgray areas notwithstandingwill further the development of resources by both countries, could lead to greater cooperation in maritime security, and will improve law enforcement at a time of growing transnational challenges in the bay of bengal. Practitioners guide to maritime boundary delimitation stephen fietta and robin cleverly. Pdf handbook on the delimitation of maritime boundaries. Retention or loss of the nationality of a pirate ship or aircraft 58 article 105. Australias maritime boundaries amb product user guide 5 2 australias maritime boundaries 2. Rather than having moving maritime boundaries, the baseline is fixed to begin at the lowwater line along the coast. Ocean resources ascendancy over african states friendship.
The map shows the location of the maritime boundary which is established by the treaty between australia and the democratic republic of timorleste establishing their maritime boundaries in the timor sea. The united nations convention on the law of the sea unclos establishes the. United nations convention on the law of the sea unclos and. Although unclos has established procedures for peacefully settling legitimate overlapping claims, xiii it has generally been left to the relevant states to delimitate, amongst themselves, their maritime boundaries on the basis of recommended continental shelf delineations. Operationally, it has had limited impact in the westphalian system of nation states except for maritime boundary delimitations. Keywords maritime boundary disputes, africa, unclos, delimitation, maritime, boundaries, border disputes, exclusive economic zone, continental shelf, high seas 1. Declaration of the maritime zone of the republic of lebanon known as the law 163, and on 1 october 2011 the decree no. Without attempting to be presumptuous, it could be rightly argued that the intention of the drafters of unclos was very simpletheir intention was to ensure that. The gmbd is the standard for maritime jurisdictional studies. The law of the sea convention defines the rights and responsibilities of nations with respect to. Stability of maritime boundary agreements yale law school legal. Maritime law the law of the sea and its effects on offshore. This sensitivity is manifest in the issue of delimitation of maritime boundaries between india and bangladesh.
Nugzar dundua united nations the nippon foundation 20062007. Pdf maritime zones delimitation problems and solutions. Maritime boundaries delimitation and dispute resolution in africa theodore okonkwo department of public law, faculty of law, university of port harcourt, portharcourt, nigeria abstract africas borders are bestride with many challenges ranging from religious and terrorist movements to cattle rustling, military conflicts to human trafficking. This is a deviation from the unclos eez definition. It also contains information about the peaceful settlement of disputes where negotiations are unsuccessful and the states wish to. Maritime boundary claim in the gulf of thailand 29. Article 298 of unclos was designed as a safety valve to allow exclusion of sensitive disputes arising out of contested maritime boundariesbut also to provide a safety net for peaceful resolution of all unclos disputes. Maritime zones delimitation problems and solutions.