Primary Legislation Research Articles

Ireland's Mental Health Bill 2024: progress, problems and Procrustean perils.

Ireland's Mental Health Bill 2024 proposes the most significant revision of mental health legislation since the Mental Health Act 2001. To explore the 2024 Bill and provide suggestions for the subsequent Act. Review of the 2024 Bill and related literature. The 2024 Bill proposes useful new definitions (e.g., 'mental disorder', 'treatment') and provisions governing specific practices (e.g., 'physical restraint'). Revision is needed to better provide care and protect rights: (a) proposed treatment criteria for involuntary admission should be retained, but 'risk' criteria deleted; (b) treatment provisions should ensure mental health legislation provides for timely, accountable treatment for all patients; (c) detailed provisions about the content of treatment plans do not belong in primary legislation, which is ill-suited to micro-managing individual care and (d) the Mental Health Commission should be incorporated into the Health Information and Quality Authority. The 2024 Bill proposes useful changes but requires revision, especially for involuntary patients who lack decision-making capacity and decline care, for whom the Assisted Decision-Making (Capacity) Act 2015 does not (and was not designed to) provide solutions. Relying on a convoluted combination of the 2015 Act, Circuit Court and High Court would be legally impossible, clinically impracticable and de facto denial of the rights of people with serious mental illness and their families. The final Act can accord with principles of the 2015 Act without relying on its provisions and should benefit patients and support staff in delivering mental health care that is essential and often life-saving.

Legislative drafting techniques as a means of giving effect to the rule of law. The case of Ukraine

Ukraine is currently carrying out some reforms recommended by the Venice Commission of the Council of Europe and by the European Commission (in order to become a Member State of the European Union), in order to strengthen democracy, the Rule of Law, human rights and protection of minorities. The purpose of this article is to demonstrate that legislative drafting techniques are a means to give effect to the principle of the Rule of Law, when it comes to Ukraine; and to recommend that Ukraine improves the way its institutions draft/scrutinise bills, and adopts best practices from Europe. The methods of this article will be those of an analysis of constitutional law. The article will rely on the definition of the principle of the Rule of Law (given by A.V. Dicey and developed by Lord Bingham) and the idea that legislative drafting techniques can be seen as a means to give effect to such a principle. The Ukrainian current constitutional context (viz., the impossibility of amending its Constitution under martial law, due to Article 157 of the Constitution of Ukraine) will be considered. Some pieces of Ukrainian legislation will be analysed in the light of the Venice Commission’s recommendations. Some of the main legislative drafting techniques and their aims, in the light of the best practices from Europe, will also be analysed. The results of the article will set out that in such a current constitutional context, where the recommended reforms can be implemented only by Acts of Parliament (although some amendments to the Ukrainian Constitution would be appropriate), in Ukraine the quality of primary legislation becomes crucial to give effect to the Rule of Law. Therefore, the scientific novelty of the article will be to test general concepts with regards to the exceptional constitutional circumstances of Ukraine. The conclusions, thus, is that Ukrainian institutions (such as the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine and the President of the Republic of Ukraine) should improve the way they draft/scrutinise bills, adopting best practices from Europe, in order to improve the quality of primary legislation and, thus, to give effect to the principle of the Rule of Law.

EU approach towards violence against women and domestic violence – new EU Directive

European Union (EU) approach towards violence against women and domestic violence is analyzed through interconnection with principles of gender equality and nondiscrimination. The combination of gender-based discrimination and gender inequality with other forms of discrimination (economic, political, etc.) very often result in specific forms of violence against women. EU acceded the Istanbul Convention on preventing and combating violence against women and domestic violence of the Council of Europe in June 2023, which was spiritus movens for the adoption of the new EU Directive in this field. Achievements and shortcomings of this Directive are presented, as well as its significance within existing relevant EU primary and secondary legislation. New legislation criminalizes the following offences across the EU: female genital mutilation, forced marriage, non-consensual sharing of intimate images, cyber stalking, cyber harassment and cyber incitement to hatred or violence. However, criminalization of rape is lacking due to the absence of agreement of the constitutional element of sexual consent. Instead, prevention of rape and raising awareness of the importance of central role of consent are included. Taking into account the problem of secondary victimization, the Directive regulates rules on the measures of assistance and protection to victims that are to be secured by Member States, who are obliged to implement Directive in three years period. Directive gains special significance when taking into account relevant official data on violence against women in the EU. This Directive is to be considered the step forward in the direction of realization of gender equality de facto.

Improving the Rehiring Process and Employee Retention at KC Coal Mining Company

In Indonesia, the rehiring of retirement and new contract employees is governed by various labor laws and regulations. The primary legislation that covers employment matters in Indonesia is the Labor Law (Law No. 13 of 2003 concerning Manpower) and its implementing regulations. Article 35, paragraph (1) Retirement in Indonesia generally occurs when an employee reaches the mandatory retirement age, which is typically set at 55 years old. However, this age may vary based on certain circumstances and job positions. Employers are expected to provide retirement benefits to employees who are eligible for retirement. These benefits might include severance pay, pension plans, or other retirement-related benefits. The rehiring of retired employees and new employees has gained prominence as organizations seek innovative strategies to address workforce challenges. This study investigates the motivations behind and advantages associated with retirees and new employees on a contract basis, focusing on a case study conducted within a coal mining company in Indonesia. The objective is to illuminate the drivers and benefits of rehiring retired personnel, shedding light on their impact on organizational performance and employee dynamics. Through qualitative and quantitative research methods, including questioner, interviews, and surveys, this study explores the reasons that prompt the reemployment of retirees and reemploying contract employees for a period of up to 5 years, examining factors such as their domain expertise, institutional knowledge, and the evolving nature of work. Moreover, the study assesses the tangible and intangible benefits of such rehiring practices, encompassing enhanced productivity, cost-effectiveness, mentorship opportunities, and knowledge transfer. The case study approach provides contextual insights into the unique challenges and opportunities within the coal mining industry in Indonesia while also contributing to the broader discourse on talent management strategies. The findings contribute to a deeper understanding of the potential advantages and considerations associated with engaging retirees in the workforce, offering implications for human resource practices, organizational strategies, and the future of work dynamics.

THE PROBLEM OF FRAUDULENTLY INSURED AND FINANCIAL SUSTAINABILITY: CASE OF THE TÜRKIYE SOCIAL INSURANCE SYSTEM

Social insurance fraud is a multidimensional and complex problem that affects the sustainability of social security systems and social justice. Nowadays, the most common form of social insurance fraud is fraudulently insured. The aim of this research is to explain the problem of fraudulently insured in its legal, economic, and social aspects and to make solutions for the sustainability of the social security system in Türkiye. This study explains the causes of fraudulent insurance through the differences in access to benefits and rights provided by short and long-term insurance branches and unemployment insurance for 4a and 4b insured persons, and provides recommendations to prevent fraudulent insurance in this context. It is possible to solve the problem of fraudulently insured and ensure the sustainability of the Turkish social security system with regulations to be made in the primary legislation, public policies and practices that raise awareness for insured persons, automation regulations, and more supervision.

Judicial Review Challenges to Secondary Legislation in England and Wales: Courting Controversy

Abstract The importance of secondary legislation in England and Wales cannot be understated. Its significance dwarfs the amount of political scrutiny which it receives. Secondary legislation can be subject to judicial review, but this may raise difficult constitutional issues. A potentially controversial ground of judicial review is that secondary legislation is contrary to the purposes of the enacting primary legislation. Examination of litigation regarding legal aid regulations shows how the courts’ view as to the purposes of such legislation can differ, revealing the essentially political choices which the courts have to make. There is however a way that will assist the courts in limiting such controversy if they find secondary legislation to be unlawful: they can order that the secondary legislation be quashed only from a future date, which would give Parliament or the executive time to address the legal defect identified. This encourages dialogue rather than conflict between the legal and executive branches of the constitution.

Challenging Primary Legislation

Challenging Primary Legislation

THE MOST IMPORTANT CHANGES IN EU ASYLUM AND REFUGEE POLICY AFTER 2015

The current migration waves in the European Union, especially after the outbreak of war in Ukraine, are causing a lot of confusion. This has forced EU institutions and individual member states to rethink their policies towards refugees. Analysis of the migration phenomenon within the EU, due to its importance in both the European and international arenas, is crucial to achieving this goal. The research problem of this article is to discuss the impact of the migration and refugee crisis on EU refugee policy after 2015. The main hypothesis is that as a result of the “refugee crisis” in 2015, followed by the COVID-19 pandemic, a change occurred in the way EU security policy was conducted. An additional conditionality turned out to be the currently ongoing war in Ukraine, which caused a huge relocation of the population and, at the same time, revised the EU’s asylum legislation, showing its loopholes and inconsistencies. The research methodology includes a critical review of relevant literature, official documents, policy documents, primary and secondary legislation, statistical data, and content analysis.

THE PROTECTION OF ARTISTIC WORK UNDER INDIAN COPYRIGHT LAW

This research paper examines the legal framework for the protection of artistic works under the Indian Copyright Act, exploring the scope of copyright protection, the challenges faced by artists in enforcing their rights, and the impact of recent amendments and judicial interpretations on the safeguarding of artistic creations in the country. Under the Indian Copyright Act of 1957, which is the primary legislation governing copyright in the country, a wide array of works is eligible for copyright protection, encompassing not only literary and dramatic compositions, but also musical creations and artistic works. However, the application of copyright law to the field of art has been a subject of ongoing scholarly discourse, with concerns raised regarding the potential for content-based laws to have a chilling effect on the publication and dissemination of artistic works, as navigating the legal system should a work be impugned is invariably arduous, with the process itself often serving as a form of punishment, as Lawrence Liang once put it with reference to laws criminalising certain content which could be deemed socially or politically contentious. This paper will delve into the nuances of copyright protection for artistic works in India, examining the evolution of the legal framework, the challenges faced by artists, and the potential impact of recent legislative and judicial developments on the safeguarding of artistic expression in the country.

Impacts of energy communities on tourism: benefits and functions towards green transition

ObjetivoEl propósito de este artículo de perspectiva es destacar el papel de las Comunidades Energéticas (CE) en el campo del turismo como iniciativas voluntarias que combinan fines no comerciales con objetivos comunitarios ambientales y sociales. Las CE ofrecen una variedad de beneficios potenciales para las comunidades locales, los proveedores turísticos y los destinos turísticos, incluyendo la reducción de costes energéticos, la mejoras en las prácticas de sostenibilidad y una propuesta única de venta para atraer a turistas concienciados del medio ambiente.Diseño/metodología/enfoqueEste artículo de perspectiva utiliza una revisión narrativa de la literatura académica, la principal legislación de la Unión Europea relativa a las CE y artículos online para proporcionar un análisis del panorama actual de las CE.ResultadosEste artículo presenta los principales beneficios que los miembros de las CE pueden experimentar en las categorias financieras, sociales y ambientales. Se destacan las posibles funciones de las CE para los proveedores turísticos y los destinos turísticos. Además de reforzar las prácticas sostenibles, las CE crean oportunidades para la creación de valor regional, ejerciendo un marcado potencial para influir en el desarrollo de los destinos. Éstas pueden convertirse en una parte integral de la gobernanza de los destinos turísticos, impulsando la innovación social verde y contribuyendo a la marca turística.Originalidad/valorEste artículo ofrece un reconocimiento temprano y una articulación clara de los beneficios y posibles funciones que las CE ofrecen al ámbito del turismo. Al resaltar su potencial impacto positivo en el medio ambiente, la sociedad, las empresas turísticas y la política, este estudio impulsa una mayor investigación en este campo.

Policymaking in a plural society: the case of human experiments in medicine in Israel

AbstractVarious processes in recent years have brought about trends of polarization within democratic societies, challenging political stability. Against this backdrop, policy patterns that are being adopted regarding controversial issues are significantly affected by these countries’ aspiration to create and maintain a consensus, which may have implications not favoring the public. One such issue is human experiments in medicine (clinical trials), which has been regulated by most countries through primary legislation. As a deeply divided society, Israel has been addressing this issue through regulation and secondary legislation, despite several attempts to have it regulated through primary legislation. This article employs the consociational model alongside Public Choice Theory to explain the adoption of this policy pattern on the issue of human experiments. Based on thematic analysis of semi-structured interviews and existing sources, it sheds light on the normative choice that weighs the merits of primary legislation against the virtues of accommodation and consensus.

A critical examination of the 2016 Code of Corporate Governance of Mauritius and its enshrinement in the Companies Act 2001

PurposeThe purpose of this study is to provide for critical literature on the legal aspects of corporate governance and their application in Mauritius. The drawbacks of having the principles in the form of a non-binding code are discussed, and a case is made to consider their enshrinement in laws such as the Companies Act 2001 to render them legally enforceable for the good health of companies in Mauritius.Design/methodology/approachA doctrinal legal methodology has been adopted to assess the effectiveness of the principles of the 2016 Code of Corporate Governance of Mauritius. Legislations, legal texts, case law and regulations are used to conduct this assessment. In addition, a black-letter approach is taken while discussing the enshrinement of the principles in the Companies Act 2001 of Mauritius. The doctrinal methodology is further supported by a qualitative analysis of the principles of corporate governance based on existing legal literature, which emphasises their relevance and importance.FindingsThe principles of the 2016 Code of Corporate Governance are no doubt a progress over the former 2004 Code in various aspects, aligning the Code with the requirements of the OECD. However, there are still certain loopholes that have been highlighted. In addition, the extent to which these principles are reflected in the Companies Act, which is the primary legislation for companies, has been found to be lacking and inadequate.Originality/valueThis paper is, to the best of the author’s knowledge, the first legal literature concerning the Mauritian legal framework on corporate governance. This is relevant because the country has recently experienced corporate collapses, which could arguably have been avoided with the application of the principles of corporate governance. As such, the paper will present a case study that can be used as a reference for future research on the enforceability and justiciability of these principles.

The assuring of rights of of medical workers within the framework of modernization of primary health care legislation

The more active implementation of innovative medical technologies, digital transformation in medical sphere, sanction restrictions resulted in complication of already existed problems in medical law and raised new questions. The necessity in improving medical legislation is obvious. The number of lawsuits concerning medical organizations and medical workers is invariably increasing. Hence request of adoption of normative legal regulations and decisions supporting effective functioning of industry and protection of rights and interests of medical organizations and medical workers. The purpose of the research is to study and to analyze current issues of ensuring rights of medical workers as one of the main aspects of modernization of modern medical law. The main normative legal acts of modern medical law were studied. The analysis, comparison, generalization and systematization of published statistical data, judicial practice, national and foreign sources of scientific publications, devoted to topical issues of modernization of legislation regulating health care and rights of health workers were implemented. The content analysis was applied to acts regulating legal responsibility and protection of rights of medical workers. The protection of rights of physicians in system of medical care of population at the present stage was investigated. A number of problems related to legal regulation of activities of health workers was established. The proposals for its improvement was summarized. The legal regulation of medical care support by multitude of normative acts makes actual issues of systematization of normative documentation. the assignment of independent sector of medical law where legal status of medical worker is to become its main institute.

Main characteristics of the «Acquis communautaire» of the European Union

The article summarizes the characteristics of the law of the European Union the components of the acquis of the EU were analysed, including those enshrined in the legislation of Ukraine, in particular primary and secondary legislation. Chapters acquis during the fifth and sixth enlargement of the European Union were also characterized. As a result, the analysis showed that the changes in the acquis were made to make the balancing between chapters and clusters more understandable for the candidate state. In addition, some chapters of the acquis of the EU before the fifth and after the sixth enlargement were explained in more detail. While others have added chapters. It was found that the acquis of the EU consists of several legislative acts adopted in the European Union during more than 50 years of existence, and which contains 6 clusters and 35 chapters. In addition, it was determined that the clusters are formed into the following thematic blocks: the first cluster concerns fundamental rights and freedoms, the second – the internal market, the third – competitiveness and inclusive growth, the fourth – the «green» agenda and sustainable interconnection, the fifth – resources, agriculture, and unity, the sixth – foreign relations. Ukraine should implement the acquis of the EU into domestic legislation in accordance with 35 chapters. In addition, the article analyses the main clusters and provides a brief description of each chapter of acquis, including individual articles contained in the founding treaties of the European Union. It was determined that all candidate states must implement the acquis of the EU in their legislation before they can join the EU and from the moment of official accession to the European Union, the candidate states are obliged to use the acquis of the EU. In addition, because of the analysis, it was found that the implementation of some chapters of the EU acquis in the domestic legislation of the member state is optional, but some should be fully implemented. The latest results of the evaluation of the implementation of the EU acquis in Ukraine were also analysed, according to which the chapters in which significant progress has been achieved and in which it is necessary to continue work have been determined.

Evaluating Clean Water Act progress drivers for Idaho rivers and streams 2002–2022

In the United States, the Clean Water Act (CWA) is the primary legislation driving surface water quality management. Its goal is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Section 305(b) of the CWA requires states to document CWA progress by reporting whether applicable water quality standards are achieved for all state waters every two years. Developing strategies for increasing the proportion of waters achieving standards requires diagnosing factors driving 305(b) data temporal trends. This analysis demonstrates how systematically analyzing 305(b) data in new ways can help document CWA progress (or lack thereof) and associated drivers. Idaho 305(b) data were used to evaluate the relative contribution of assessment progress and restoration to 2002–2022 Idaho 305(b) temporal trends. Assessment progress was defined as assessing unassessed waters and correcting assessment errors. Restoration was defined as changes from not achieving one or more standards to achieving all assessed standards because water quality improved. From 2002–2022, the percentage of Idaho stream kilometers achieving all assessed standards increased from 24% to 32%. Systematically evaluating reasons for stream status changes revealed this trend was driven primarily by assessment progress, specifically progress monitoring previously unassessed waters in good condition and correcting prior assessment errors. More stream km changed from impaired to unimpaired because prior assessment errors were corrected than because water quality improved. In each biennial 305(b) report ≤ 5% of all stream km changing status resulted from water quality improvement. As of 2022, more state stream km were impaired (39%) than unassessed (29%) and restoration success rates will likely become the primary driver of 305(b) temporal trends in the future. Systematically analyzing 305(b) data in new ways may help develop new empirically driven strategies for accelerating CWA progress and merits further investigation.

The seeds of reform; the evolution of the alternative care system in the Maldives

This article will present the evolution of alternative care provision in the Maldives. The Maldives is a small island nation located in the Indian Ocean, with a population of around 530,000. Since the signing and ratification of the UNCRC in 1991, there have been many improvements in children’s lives; for example, progress has been made in school attendance, improved child literacy rates and infant mortality has been reduced significantly. However, the country still faces several challenges in terms of child welfare, including internal child trafficking, child abuse, neglect and child marriage. There are currently 187 children living apart from their families in alternative care, which accounts for 0.02% of children in the country. The predominant form of alternative care provision remains institutional, which is typified by large numbers of children cared for by relatively low numbers of care staff. The article will explain, how historically, when a child was unable to remain with their parents, informal kinship care was the predominant form of provision. Often this would result in grandmothers, aunts and the wider family/kinship groups looking after children. However, with the establishment of a large reformatory school Islaahiya in Male Atoll in 1979, residential care was created as an option for boys who were described as having behavioural issues. It remained a key alternative care provider in the country until it closed in 2013. In 2004, the state-run institution Kudakudhinge Hiya was established to care for 45 boys and girls from 0 to 9 years old. Then in 2016 with the support of the Qatar Foundation, the state built another institution Fiyavithi, which still cares for 80 children under 13 years of age. The article will conclude with an overview of the most recent developments in the Maldives’ alternative care system. It will highlight how the Child Rights Protection Act (2019) has sown the seeds of care reform with primary legislation enacting regulations for family-based provision. This has formalised the previously established foster care panel that was set up in 2012. There are now 18 registered formal foster carers across the Maldives who are caring for 16 children. Furthermore, in 2020 whilst waiting for the growth in foster care, the state government started to shift from large-scale institutions by establishing nine smaller institutions, located across the atoll, each caring for no more than 25 children. The ministry has also embarked on processes of family reunification. The article will critically discuss these developments, highlight the challenges experienced during these recent reforms and provide key messages for policy and practice going forward.

The Right of Ownership and Legal Protection in Kosovo’

Background: The Republic of Kosovo is a country located in Southeast Europe with partial diplomatic recognition. Kosovo declared its independence on 17 February 2008, and has since gained diplomatic recognition from 116 member states of the United Nations. On 22 July 2010, the International Court of Justice rendered an advisory opinion on the legality of Kosovo’s declaration of independence, which was not in violation of neither general principles of international law, nor specific international law. In 2022, Kosovo filed a formal application to become a member of the European Union. In the Republic of Kosovo, the Constitution is the highest legal act. Laws and other legal acts shall be in accordance with this Constitution. Civil law is not codified but divided into separate laws. The property right is regulated by the Law on Property and Other Real Rights Law No. 03/ L-154. Property rights and other real rights in the Republic of Kosovo originate from this law. Keeping this in mind, in our article, we are going to highlight the range of problems related to property rights’ regulation and protection, including gaps in primary and secondary legislation, analysing case law, courts, state attorneys, and administrative authorities’ activities. Methods: In this paper, we analyse the institution of property rights. We used comparative and analytical methods based on the current legislation in Kosovo, utilising resources from the former Yugoslavia. Additionally, we used some historical methods to derive concrete results. Kosovo has inherited the relics of the former Yugoslav legal system; building a new system is a challenge in and of itself. In the context of property law in general, its legal protection is crucial for the owner to use and dispose of his property. Results and Conclusions: With the knowledge that the institution of property law is one of the main institutions of civil law, and is the fundamental institution of real law, we have analysed this law institution as a constitutional principle, regulated by special laws in Kosovo. Additionally, given the importance of the property institution, Kosovo has adopted laws that protect property rights, enjoying civil legal protection, criminal legal protection, and international protection. These laws should be in accordance with the country’s Constitution, with international human rights instruments, as well as with EU legislation.

A Fresh Look at Ethical Perspectives on Artificial Intelligence Applications and their Potential Impacts at Work and on People

Artificial Intelligence (AI) has recently attracted a heightened interest within the communities of AI theory and practice. Experts in this area have advanced their knowledge and understanding of AI systems and applications and the impact of these on existing technologies in terms of capabilities and benefits/risks. The development of these capabilities has created a different choice that needs to be decided on: let the potential effects of AI grow and become more exciting, at the expense of disturbing ethical concerns and issues, or balance these exciting developments by introducing suitable legislative approaches to address these concerns. The results from this research imply that urgent attention needs to be given to construct primary legislation (acts of Parliament, statutes) and then implement these as a matter of urgency. More focus and attention must be placed on ethical concerns and privacy issues that relate to existing and planned AI developments. It is further suggested that more collaboration and co-operation must be exercised across geographical boundaries between researchers to ensure that the interests of human beings world-wide are considered of paramount importance when developing and rolling out AI systems and applications.

A Fresh Look at Ethical Perspectives on Artificial Intelligence Applications and their Potential Impacts at Work and on People

Artificial Intelligence (AI) has recently attracted a heightened interest within the communities of AI theory and practice. Experts in this area have advanced their knowledge and understanding of AI systems and applications and the impact of these on existing technologies in terms of capabilities and benefits/risks. The development of these capabilities has created a different choice that needs to be decided on: let the potential effects of AI grow and become more exciting, at the expense of disturbing ethical concerns and issues, or balance these exciting developments by introducing suitable legislative approaches to address these concerns. The results from this research imply that urgent attention needs to be given to construct primary legislation (acts of Parliament, statutes) and then implement these as a matter of urgency. More focus and attention must be placed on ethical concerns and privacy issues that relate to existing and planned AI developments. It is further suggested that more collaboration and co-operation must be exercised across geographical boundaries between researchers to ensure that the interests of human beings world-wide are considered of paramount importance when developing and rolling out AI systems and applications.

Hak Negeri Melayu ke Atas Pelantar Benua: Kajian Kes Malaysia Mengikut Analisis Jurisprudens Watan

The sovereign rights of a country over territorial waters are not a new issue. As an independent State, it has sovereignty within its territory and external sovereignty in the form of international recognition. Disputes over territorial rights remain between one State and another today, resulting in tensions in political relations. A local issue close to this subject that still arises is the right of a state in the Federation over petroleum production. Hence, this paper aims to analyse the rights of a Malay State over the territory of the Continental shelf of Malaysia, as it is there that petroleum resources are explored. This study is a legal analysis using a case study design promoting the method of watanic jurisprudence to analyse a few primary legislation, including UNCLOS, the Continental Shelf Act 1966, and the Territorial Sea Act 2012. This paper found that the territorial waters of the Malay State in the Federation cannot be limited to 3 nautical miles from the low tide line in pursuance of the Territorial Sea Act 2012 without strict compliance with Article 2 of the Federal Constitution. The legitimacy of the territorial limits of the State’s waters is essential as it determines the State’s rights to the Continental shelf and its petroleum production recognised for a coastal state by International Law.