Full Description
Most of the world's maritime boundary disputes involve privately held rights - relating to such matters as fishing, petroleum exploration and scientific research - that states have unilaterally granted to non-state actors in areas of overlapping national claims. An international lawyer would typically investigate the legality of a state's decision to create such rights without notifying or consulting its neighbour, and the legal consequences this action would have for the interests of the states concerned. Departing from this approach, Dr Marianthi Pappa examines such situations from the perspective of the non-state actors: what will happen to private rights in a disputed maritime area if it changes hands from state A to state B due to a subsequent delimitation treaty or judgment? Does the legal framework of maritime delimitation protect those rights effectively against a potential reallocation? To address these questions, the book considers the place that private rights have in land boundary-making.
Contents
Preface; Table of cases; Table of treaties and conventions; Other international instruments; Introduction; 1. Private rights in areas of uncertain jurisdiction; 2. The divergent role of private rights in land and maritime delimitation; 3. The uneven preservation of reallocated private rights on land and at sea; 4. Reassessing the asymmetry; 5. Reaching an equilibrium; Epilogue; Bibliography; Index.
