Abstract

The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) provides for the delimitation of the territorial sea, the continental shelf and the economic exclusive zone. However, maritime delimitation disputes reveal that these provisions hardly occupy the central place they are expected to. This paper examines the issue of undelimited maritime areas where involved the Article 74(3) and Article 83(3) of UNCLOS and of vital importance in that it provides for stable and long-lasting relations among States.

Highlights

  • A coastal State has sovereign rights to explore and exploit the natural resources of the continental shelf appurtenant to its territory

  • The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations

  • This paper examines the issue of undelimited maritime areas where involved the Article 74(3) and Article 83(3) of UNCLOS and of vital importance in that it provides for stable and long-lasting relations among States

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Summary

INTRODUCTION

A coastal State has sovereign rights to explore and exploit the natural resources of the continental shelf appurtenant to its territory. States have overlapping claims as to their continental shelves, which raises important issues as to how they must conduct themselves prior to resolution of their dispute. Various sources of international law provide guidance as to the rights and obligations of States prior to the resolution of their overlapping continental shelf claims. The tribunal in the Guyana v Suriname case has commented that the obligation “to make every effort ...not to jeopardise or hamper the reaching of final agreement” is: An important aspect of the Law of the Sea Convention’s objective of strengthening peace and friendly relations between nations and of settling disputes peacefully. It is important to note that this obligation was not intended to preclude all activities in a disputed maritime area

PRINCIPLES OF DELIMITATION
THE RELEVANT MARITIME ZONE
THE RELEVANT CIRCUMSTANCES
JURISPRIDENCE IN THE DELIMITATION
ALTERNATIVES TO DELIMITATION
CONCLUSION
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