Submissions to the Un Clcs in Cases of Disputed and Undisputed Maritime Boundary Delimitations or Other Unresolved Land or Maritime Disputes of Develo

Цена 50.87 - 114.65 USD

EAN/UPC/ISBN Code 9781600421785


Автор


Страниц 182

Год выпуска 2012

This pioneering book surveys fundamental principles of not prejudicing by the UN Commission on the Limits of the Continental Shelf (CLCS) of Disputed and Undisputed Boundary Delimitations or Other Unresolved Land or Maritime Disputes under UNCLOS and the CLCS Rules. It constitutes a remarkable contribution by one of the world's leading academics in the field of international law of the sea to peaceful resolution of oceans and boundary disputes within the framework of the UNCLOS and the United Nations Charter.The author presents convincing legal reasoning that interpretation of the treaty provisions of UNCLOS and the CLCS Rules, as well as vast state practice of Submissions made to the CLCS are clear in suggesting that - as the 2006 UNCLOS Annex VII Barbados/Trinidad and Tobago Maritime Delimitation (Jurisdiction and Merits) Award and the 2012 ITLOS Bangladesh v. Myanmar Bay of Bengal Maritime Delimitation Judgment confirmed - the CLCS's Recommendations must in no way prejudice existing and prospective boundary delimitations, nor must they prejudice other land or maritime disputes, which can thus well be adjudicated-arbitrated or otherwise resolved: prior or in parallel to or sometimes in a follow-up to the CLCS' involvement. All practical means giving effect to such "without prejudice" principles are also being carefully analyzed, including practice of partial Submissions, deferral of Submissions, consideration of Submissions subject to consent of all part...