Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-2xdlg Total loading time: 0 Render date: 2024-07-02T04:37:48.762Z Has data issue: false hasContentIssue false

23 - Overcoming Violence in Maritime Conflicts with Provisional Arrangements

A Legal Tool for Conflict Resolution

from Part V - Economic Aspects of Peace Settlements

Published online by Cambridge University Press:  14 January 2021

Marc Weller
Affiliation:
University of Cambridge
Mark Retter
Affiliation:
University of Cambridge
Andrea Varga
Affiliation:
University of Cambridge
Get access

Summary

Provisional arrangements are a legal tool that provides states with an option for utilising fisheries and offshore hydrocarbon resources in a mutually acceptable way where they are unable to reach a maritime boundary agreement. The aim of this chapter is threefold: to illustrate that such arrangements are effective in preventing violent escalation of maritime disputes, to examine how provisional arrangements operate in practice, and to examine what legal issues may arise in reaching such arrangements. First, the chapter highlights several practical examples of incidents in and outside areas covered by provisional arrangements. It then argues that the obligation to negotiate and the obligation of restraint under Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea are complementary and interrelated. Finally, the chapter examines the legal aspects of politically sensitive issues involved in negotiating provisional arrangements: the definition of the area for provisional arrangements and the question of excluding prejudice by the arrangement to the parties’ claims.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×