Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-fbnjt Total loading time: 0 Render date: 2024-11-04T08:22:52.602Z Has data issue: false hasContentIssue false

7 - Disputed Waters Generated by Claims Made from Disputed Land Territory: What Are the Rights and Obligations of States?

Published online by Cambridge University Press:  01 October 2021

Youri van Logchem
Affiliation:
Swansea University
Get access

Summary

Disputes where title over high-tide features or mainland territory is disputed are not uncommon in the international legal landscape. Two sets of overlapping claims are created in disputes in which the issues of dispute to title and disputed waters are combined: one set that pertains to the land territory as such, and the other to the maritime zones the land territory is entitled to. Sovereignty claims by States to a high-tide feature or land territory are almost invariably followed by making claims to the maritime zones that they are entitled to, thereby creating a second layer of overlapping claims that relate to the adjacent waters. But what are the rights and obligations of States in disputed waters located off disputed land territory? This chapter establishes the implications that follow from that there is a combination of the elements of sovereignty and the claiming of maritime zones from the same basepoints of a disputed land territory, for identifying the applicable legal framework in disputed waters off its coast. For example, the applicability of Articles 74(3) and 83(3) LOSC is limited in cases where claims are measured from the same disputed land territory, creating disputed waters in the process.

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
×