The South China Sea Disputes and Law of the Sea
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The South China Sea Disputes and Law of the Sea

Edited by S. Jayakumar, Tommy Koh and Robert Beckman

South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals.
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Chapter 4: Maritime delimitation and offshore features

Tullio Treves


Delimitation of maritime areas between States whose coasts are adjacent or face each other (or are in any intermediate position between these extremes as described by the 1958 Geneva Conventions and the 1982 United Nations Convention on the Law of the Sea (UNCLOS)) is a task which has become increasingly important since the jurisdiction of coastal States has extended, beyond the territorial sea, to the continental shelf and the exclusive economic zone, as well as to other zones under coastal State jurisdiction beyond the outer limit of the territorial sea. The political importance of, and the need for certainty in maritime delimitation has been clearly underscored by the International Court of Justice (ICJ): The establishment of a permanent maritime boundary is a matter of grave importance and agreement is not easily to be presumed. A de facto line might in certain circumstances correspond to the existence of an agreed legal boundary or might be more in the nature of a provisional line or of a line for a specific, limited purpose, such as sharing a scarce resource.

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