Boundary Delimitation Research Articles

Water Conflicts: From Ancient to Modern Times and in the Future

Since prehistoric times, water conflicts have occurred as a result of a wide range of tensions and/or violence, which have rarely taken the form of traditional warfare waged over water resources alone. Instead, water has historically been a (re)source of tension and a factor in conflicts that start for other reasons. In some cases, water was used directly as a weapon through its ability to cause damage through deprivation or erosion or water resources of enemy populations and their armies. However, water conflicts, both past and present, arise for several reasons; including territorial disputes, fight for resources, and strategic advantage. The main reasons of water conflicts are usually delimitation of boundaries, waterlogging (e.g., dams and lakes), diversion of rivers flow, running water, food, and political distresses. In recent decades, the number of human casualties caused by water conflicts is more than that of natural disasters, indicating the importance of emerging trends on water wars in the world. This paper presents arguments, fights, discourses, and conflicts around water from ancient times to the present. This diachronic survey attempts to provide water governance alternatives for the current and future.

지방자치단체의 해상경계에 관한 연구

The Republic of Korea is a peninsula country on three sides surrounded by the sea. Therefore, many of the local governments are connected to the sea. And because the sea is a treasure trove of resources and has a very large economic value, disputes frequently arise between neighboring local governments over its jurisdiction. The conflicts and disputes, between local governments surrounding the sea, hinder the development of local governments and the efficient use of the land, including the sea. Therefore, it is necessary to identify more fundamental causes for resolving conflicts and disputes, and it is necessary to devise improvement measures. To this end, this study analyzed the content that became a major issue in the legal judgment process on conflict and dispute between local governments surrounding the sea boundary. Specifically, first, it examined the prerequisites for disputes between local governments surrounding the sea boundary, that is, whether the area of local governments includes not only the land but also the sea (II). Second, it examined whether the boundaries of the local government could be confirmed, if the sea was included in the area (Ⅲ). Finally, it examined who should define the boundaries by what criteria, if the boundaries of the district cannot be confirmed. In light of the importance of local governments' zones (which is a component of local governments and the scope of the exercise of autonomy) and the contents of Article 4 (1) of the Local Autonomy Act (change of zones is made by Law, and changes of zone boundaries are made by Presidential Decree), the districts of local governments should be clearly defined legislatively through the national consensus. If, for practical reasons, the boundaries of all local governments cannot be legislatively defined right now, even the standards of boundary delimitation should be legislated. Responding to disputes between local governments on a case-by-case basis without certain legal standards can lead to another dispute. Legislation of the standards of boundary delimitation will prevent unreasonable logic and arbitrary judgment by dispute settlement agencies for one-time dispute settlement, and will prevent indiscriminate arguments or competition between local governments, and above all, will contribute to the Constitutional Court's own judicial function, not legislative and administrative functions. The conflicts and disputes between local governments surrounding the sea hinder the development of local governments and the efficient use of land, including the sea. We urge prompt legislation to fundamentally resolve these conflicts and disputes.

Applications of morphological regionalization in urban conservation: the case of Bulaq Abulela, Cairo

The absence of a reliable tool to support local authorities in the process of boundary delimitation of significant urban areas is one of the major problems facing urban heritage conservation. This paper explores and introduces potentials of applying the concept of urban regions, and methods of urban regionalization, as a new approach to better inform processes of delimitation of significant urban areas in Cairo, Egypt. This is an important step towards urban conservation in a city where strong pressures of urbanization and the eradication of traditional and historic urban fabric represent a major threat. By tracing the morphological transformation of the historic quarter of Bulaq Abulela, then applying the morphological regionalization process to a selected area of study, several important historical urban gains that are not included within the national protection boundaries, are revealed. This calls for revisiting current local protection boundaries of the historic quarter, as well as a revision of the adopted local processes of protection boundaries delimitation in general. It also calls for the application of morphological regionalization in processes of boundary delimitation for urban conservation areas.

Applications of morphological regionalization in urban conservation: the case of Bulaq Abulela, Cairo

The absence of a reliable tool to support local authorities in the process of boundary delimitation of significant urban areas is one of the major problems facing urban heritage conservation. This paper explores and introduces potentials of applying the concept of urban regions, and methods of urban regionalization, as a new approach to better inform processes of delimitation of significant urban areas in Cairo, Egypt. This is an important step towards urban conservation in a city where strong pressures of urbanization and the eradication of traditional and historic urban fabric represent a major threat. By tracing the morphological transformation of the historic quarter of Bulaq Abulela, then applying the morphological regionalization process to a selected area of study, several important historical urban gains that are not included within the national protection boundaries, are revealed. This calls for revisiting current local protection boundaries of the historic quarter, as well as a revision of the adopted local processes of protection boundaries delimitation in general. It also calls for the application of morphological regionalization in processes of boundary delimitation for urban conservation areas.

Diaporthe amygdali, a species complex or a complex species?

Delimitation of species boundaries within the fungal genus Diaporthe has been challenging, but the analyses of combined multilocus DNA sequences has become an important tool to infer phylogenetic relationships and to circumscribe species. However, analyses of congruence between individual gene genealogies and the application of the genealogical concordance principle have been somehow overlooked. We noted that a group of species including D. amygdali, D. garethjonesii, D. sterilis, D. kadsurae, D. ternstroemia, D. ovoicicola, D. fusicola, D. chongqingensis and D. mediterranea, commonly known as D. amygdali complex, occupy a monophyletic clade in Diaporthe phylogenies but the limits of all species within the complex are not entirely clear. To assess the boundaries of species within this complex we employed the Genealogical Concordance Phylogenetic Species Recognition principle (GCPSR) and coalescence-based models: General Mixed Yule-Coalescent (GMYC) and Poisson Tree Processes (PTP). The incongruence detected between individual gene phylogenies, as well as the results of coalescent methods do not support the recognition of lineages within the complex as distinct species. Moreover, results support the absence of reproductive isolation and barriers to gene flow in this complex, thus providing further evidence that the D. amygdali species complex constitutes a single species. This study highlights the relevance of the application of the GCPSR principle, showing that concatenation analysis of multilocus DNA sequences, although being a powerful tool, might lead to an erroneous definition of species limits. Additionally, it further shows that coalescent methods are useful tools to assist in a more robust delimitation of species boundaries in the genus Diaporthe.

Legal issues and prospects for delimitation of continental shelf in the Arctic

This article is dedicated to the relevant problem of delimitation of the Arctic territories. There are currently several different approaches towards this question, but the effective one is the mechanism proposed by the United Nations Convention on the Law of the Sea. The absence of consensus on delimitation of continental shelf is substantiated by the intersection of interests of the countries in the Arctic region and strategically crucial consequences of dividing the Arctic: this is the matter of national security, geopolitical supremacy, increase of economic potential, energy and environmental security. The goal of this research consists in the analysis of recent achievements and prospects for delimitation of continental shelf. The subject of this article is the problems of delimitation of the jurisdiction of countries in the Arctic region. Methodological framework is comprised of the chronological method and method of analysis. The conclusion is made that the definition of state boundaries in the Arctic is a long process; since the decisions of the Commission on the Limits of the Continental Shelf is of advisory nature, it may lead to the disputes between the countries over the rendered decisions. It should be noted that international law has the essential mechanisms and means for the peaceful delimitation of maritime boundaries in Arctic waters. The author believes that the final definition of boundaries in the Arctic would be achieved through the compromise between the polar countries, and thus signing bilateral agreements without relying on recommendations of the Commission. It is underlined that the conventional principle of delimitation of boundaries in the Arctic Ocean does not meet the national interests of the Arctic Five, and requires a different approach due to the peculiarities of the ocean. The scientific novelty lies in the analysis of existing principles, instruments and problems of delimitation of boundaries in the Arctic, as well as in conclusions formulated by the author. The solution to the outlined problems can become the preservation of the international seabed within the framework of the concept common heritage of mankind in the area of the Gakkel Ridge, and in the area of Lomonosov Ridge delineation by the sectoral principle.

GEOGRAPHICAL DIMENSIONS TO GLOBAL OCEANS GOVERNANCE

abstract The global ocean dominates the world spatially. While there is growing understanding that these vast marine spaces are more valuable than ever, there is also mounting concern over escalating threats to the marine environment and vulnerable ecosystems. Governance of the oceans is both inherently and increasingly geographical in character, illustrated here through consideration of the zonal system of maritime jurisdiction, the definition of baselines along the coast, delineation of the outer limits of maritime zones and delimitation of maritime boundaries. In response to the increasing diversity and intensity of activities and uses of the ocean, a variety of geospatial management approaches are being applied. Geography and geographers will therefore have a salient role to play in present and future global oceans governance.

The Rising Tide of Maritime Boundary Delimitation Scholarship

The Rising Tide of Maritime Boundary Delimitation Scholarship

The Regime of Islands Reframed:

Abstract The definition of islands represents a longstanding source of uncertainty under the international law of the sea, resulting in numerous disputes among coastal States. This is primarily due to the significant impacts the legal status of islands has on both their maritime entitlements and potential role in the delimitation of maritime boundaries. This study highlights the geographical diversity of islands and outlines the historical development of as well as progress towards the clarification of the legal definition of islands. The Award of the Arbitral Tribunal in the South China Sea case is examined in detail as it provides the first detailed international judicial examination and interpretation of the Regime of Islands. The definition of other types of insular features including low-tide elevations and artificial islands as well as submerged features are also addressed. Reactions to the interpretation of Article 121 by the Tribunal in the South China Sea case are explored before conclusions and considerations on the potential implications of these developments are offered.

Fuzzy comprehensive evaluation of maritime boundary delimitation schemes based on AHP-entropy weight method

There are 11 provinces along the coastal regions in the Chinese Mainland and the scientific division of marine management boundaries among different provinces within the extents of the territorial sea is of important significance in promoting the sustainable development of the marine economy in China. A fuzzy evaluation index system that includes 14 indices of three subsets was established based on a case study of maritime boundary delimitation between Jiangsu and Shandong Provinces to evaluate the advantages and disadvantages of maritime boundary delimitation and determine the optimal scheme and offset shortages in the current evaluation index system and evaluation methods. Combined weights of indices were calculated through the analytic hierarchy process (AHP) and entropy weight method. The comprehensive evaluation indices were used to evaluate three maritime boundary delimitation schemes, namely, historical boundary delimitation scheme, angle bisector delimitation scheme, and equidistance delimitation scheme. Results show that the equidistance delimitation scheme is relatively superior to the two other schemes. The evaluation index is 0.504761 and the evaluation grade is “good”. The angle bisector delimitation scheme is the second optimal. The evaluation index is 0.361641 and the grade is “moderate”. The historical boundary delimitation scheme is the poorest. The evaluation index is 0.135345 and the grade is “poor”. In the late optimization of maritime boundary delimitation schemes, more consideration should be given to people’s livelihood and protection of national maritime rights and interests. The fuzzy comprehensive evaluation method based on AHP-entropy weight can not only provide a quantitative top-down sequence of schemes in terms of quality and solve estimation problems in maritime boundary delimitation scheme, but also assist decision-makers to select the best scheme. Therefore, it possesses great application values.

Неукрепленные поселения чепецкой культуры (IX–XIII века): неоднозначность интерпретации и определения границ

Неукрепленные поселения (селища) традиционно выявляются по наличию подъемного материала на поверхности пашни или культурного слоя в шурфе, по соответствию участка местности известным ландшафтным параметрам, а также по отсутствию рельефных признаков оборонительных сооружений. Совокупность этих параметров не всегда является однозначным признаком именно селища. В результате активной сельскохозяйственной деятельности второй половины XX в. на многих памятниках средней полосы России и Предуралья сглажены рельефные признаки объектов, а следствием эрозионных процессов является постепенное перемещение культурного слоя с водоразделов и склонов в отрицательные формы рельефа. В условиях перечисленных разрушений и, соответственно, неоднозначности традиционных археологических признаков эффективным способом выявления селищ, оценки их границ и предварительной реконструкции планировки является междисциплинарный подход. Изучены средневековые Нижнебогатырское I, Кушманские II и III селища, расположенные в северной части Удмуртской Республики. Поселения чрезвычайно похожи по внешним признакам. Междисциплинарный подход основан на сравнительном анализе данных комплексных геофизических исследований, почвенных бурений и археологических раскопок. Это позволило с высокой степенью достоверности обосновать типологическую принадлежность поселений и определить границы распространения культурного слоя. Во всех случаях была опровергнута предварительная интерпретация. Доказано, что Кушманское III селище является городищем (укрепленным поселением), а Кушманское II селище — возможной зоной средневекового хозяйственного освоения, которая не содержала элементы застройки. Для Нижнебогатырского I селища были существенно скорректированы границы, ранее определенные по ареалу распространения находок и ландшафтным рубежам.

Lasy wybranych dużych obszarów leśnych = The forests in selected examples of Poland’s Large Forest Areas

Key issues for spatial planning and development, nature protection and forestry in Poland relate to the problems encountered in determining the area of forests included within – and the boundaries of – what are known as the Large Forest Areas (LFAs) in Poland. Even as overall forest cover in the country has increased steadily – by about 2.5 million ha overall – since 1945, the data available for the LFAs relate to measurements made as long ago as in the 1960s and 1970s. Even then, it is often unclear whether it is total areas or areas of forest that are being referred to in relation to the LFAs. There is thus an urgent need for meas-urements to be updated, with a view to the present-day boundaries of the Areas being delim-ited. Some 80‑100 LFAs are in fact distinguished in Poland, in line with definitions relating to total area exceeding 10,000 ha (100 km2) and forest cover exceeding 35%. While many of the LFAs received Proper-Noun names at one point or another in their histories, as used locally in a given region, and in guides and publications, there are also less culturall-defined areas that still await naming. Efforts to determine the boundaries of the LFAs at this point allow, not only for renewed or de novo determination of their overall areas and areas of forest, but also for an advancement of our knowledge regarding any items of cultural heritage that may be present within LFAs. Such data will be useful or essential as new physiographic, economic and tourist guide-studies are developed; and they will encourage and facilitate the more-detailed analysis and assess-ment of forest management taking place within the limits of the LFAs. In line with the effort made to achieve the above goals, this article details selected problems encountered with the delimitation of forest boundaries and areas, as these are exemplified by the Polish LFAs of the Białowieża, Bolimów, Borki, Knyszyn, Kampinos, Noteć, Romincka, Tuchola, Łuków and Chojnów Forests. Figures for overall area and area of forest were indeed obtained and are presented here for the selected examples of LFAs, which are also augmented by the so-called Dobrzejewice and Lubniewice Forests not distinguished in this way before now.

The Law of the Sea, International Courts, and Judicialization

Dispute settlement is entrenched in the 1982 UN Convention on the Law of the Sea (UNCLOS) through the Part XV compulsory mechanisms. It is also reflected in UNCLOS's indication that delimitation of the exclusive economic zone or the continental shelf is to be by way of agreement between coastal states. While maritime boundary delimitation may be viewed as dominated by judicialization, that is not reflected in UNCLOS. The maritime boundary delimitation project unleashed by UNCLOS gave primacy to delimitation by agreement, with third party settlement under Part XV the secondary mechanism. The 2018 Australia/Timor-Leste maritime boundary settlement highlights how, even when Part XV third party mechanisms were used, the coastal states were able to reach agreement on a maritime boundary by negotiation, without recourse to judicialization.

이어도 해양경계획정과 해양주권 국민인식 확산 방안 : 2016년과 2020년 국민인식조사 비교 분석

이어도 해양경계획정과 해양주권 국민인식 확산 방안 : 2016년과 2020년 국민인식조사 비교 분석

Municipalities in the Czech Republic—Compilation of “a Universal” Dataset

There have been many changes in the spatial composition and formal delimitation of administrative boundaries of Czech municipalities over the past 30 years. Many municipalities have changed their official status; they separated into ones that were more independent or were merged with existing ones, or formally redrew their boundaries due to advances in mapping technology. Such changes have made it almost impossible to analyze and visualize the temporal development of selected socioeconomic indicators, in order to deliver spatially coherent and time-comparable results. In this data description, we present an evolution of a unique (geo) dataset comprising of the administrative borders of the Czech municipalities. The uniqueness lies in time and topologically justified spatial data resulting in a common division of the administrative units at the LAU2 level, valid from 1995 to 2019. Besides the topologically correct spatial representations of municipalities in Czechia, we also provide correspondence tables for each year in the mentioned period, which allows joining tabular statistics to spatial data. The dataset is available as a base layer for further temporal and spatial analyses and visualization of various socioeconomic statistical data.

“One of the First Matters to be Addressed but Distinct” or “Distinct but Inseparable”? The Distinction Between Maritime Entitlement and Sea Boundary Delimitation in the Philippines v. China Arbitration

AbstractThe distinction between disputes of sea boundary delimitation and disputes over the existence of maritime entitlements was one key element of the legal argument that the Philippines brought forward against China in the Philippines v. China Arbitration. On the one hand, the distinction between delimitation and entitlement allowed the Tribunal to establish its jurisdiction on several Philippine submissions despite the jurisdictional exclusions of China's declaration under Article 298(1)(a)(i) of the Law of the Sea Convention. On the other hand, the Tribunal's finding about the lack of China's entitlements has important consequences. China and a number of lawyers objected to the jurisdictional separability of entitlement and delimitation. The aim of this paper is to discuss the question of whether a tribunal can establish jurisdiction on the existence of maritime entitlements in a context where jurisdiction on boundary delimitation is excluded and where a determination of entitlements has consequences for boundary delimitation.

Developments in Maritime Delimitation Law over the Last Decade: Emerging Principles in Modern Case Law

AbstractThe delimitation of maritime boundaries is a complex and multifaceted process with legal and technical aspects. The process involves the determination of a maritime boundary in a situation where two or more states are confronted with overlapping titles. In the absence of any precise rules in treaty law and established customary rules based on state practice, it has been left to the jurisprudence of international courts and tribunals to develop the applicable law of maritime boundary delimitation. This article provides a detailed examination of the complex and multifaceted processes involved in maritime delimitation law. In doing so, it highlights recent developments in the field, with an emphasis on the emerging principles of “non-cut-off” and “non-distortion.” The article also analyzes the crystalizing rules on delimitation beyond 200 nautical miles and questions the applicability of these rules to the ongoing maritime boundary dispute between Canada and the United States in the Beaufort Sea.

Undelimited Maritime Areas: Obligations of States Under Article 74(3) and 83(3) of UNCLOS

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.

THE NECESSITY TO REFORM INDONESIAN LEGAL FRAMEWORK ON PROVISIONAL ARRANGEMENT TO COMBAT IUU FISHING

Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before reaching agreement on delimitation in EEZ. Indonesia must utilize and optimize this provision in order to combat the IUU Fishing, to protect fisheries resources and to support in achieving maritime boundary delimitation. The state already has the relevant legal and institutional framework to implement the provisional arrangement and, once, had a provisional arrangement with Australia decades ago although in the field of hydrocarbon. The arrangement was deemed as the most prominent one at that time. The experience of other countries in implementing of provisional arrangement in combating IIU Fishing, protecting the resources and achieving maritime delimitation might encourage Indonesia to utilize and optimize provisional arrangements in disputed areas.

The challenges facing Eastern Mediterranean gas and how international law can help overcome them

Enormous natural gas reserves in the Eastern Mediterranean have attracted the attention of the international energy majors. The region, however, remains one of the most under-explored and -exploited regions in the world. Numerous technical, commercial, legal and political challenges need to be overcome for these resources to be exploited and exported. This article examines the key commercial and legal challenges the region faces, and proposes possible ways to overcome these challenges by discussing the international law on the delimitation of maritime boundaries and the customary international law obligations of states in the region to resolve delimitation disputes peacefully, to make every effort to enter into provisional arrangements of a practical nature pending agreement on final delimitation and to refrain from unilaterally exploiting natural resources in disputed maritime zones.