Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-2lccl Total loading time: 0 Render date: 2024-04-26T16:38:35.145Z Has data issue: false hasContentIssue false

3 - Entitlement to Maritime Zones and Their Delimitation

In the Doldrums of Uncertainty and Unpredictability

Published online by Cambridge University Press:  23 February 2018

Alex G. Oude Elferink
Affiliation:
Universiteit Utrecht, The Netherlands
Tore Henriksen
Affiliation:
Universitetet i Tromsø, Norway
Signe Veierud Busch
Affiliation:
Universitetet i Tromsø, Norway
Get access

Summary

The treatment of the concepts of entitlement and delimitation in the case law, and their relationship, has often lacked clarity. While seeking for equitable outcomes that consider the specificities of each case, international courts and tribunals have at times failed to approach these two concepts in a consistent manner. From the perspective of legal argumentation and discourse, a clear conceptual construction of maritime delimitation law has remained unattained. This ultimately resulted in uncertainty and unpredictability in judicial and arbitral decision-making, in the doldrums of which one continues to subsist. This chapter looks into several aspects concerning entitlement and delimitation, and the relationship between the two, within the three-stage process. Predicated on a critical review of the case law, it attempts to canvass certain conceptual features of maritime delimitation law, including: the land dominates the sea; principle of maritime zoning; basis of entitlement; provisional equidistance line; and adjustments to the provisional line. The conclusion is that ‘bridging the gap’ between the relevant circumstances and the adjudged boundary-line through proper judicial argumentation and discourse is pivotal not only to shed light on the relationship between entitlement and delimitation, but also to reach equitable solutions that are sounder in the eyes of delimitation law.
Type
Chapter
Information
Maritime Boundary Delimitation: The Case Law
Is It Consistent and Predictable?
, pp. 62 - 91
Publisher: Cambridge University Press
Print publication year: 2018

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
×