scholarly journals Foundations of Turkish Claims in the Eastern Mediterranean

2021 ◽  
Vol 21 (3) ◽  
pp. 472-486
Author(s):  
Pavel Andreevich Gudev
Keyword(s):  
Oil And Gas ◽  
Eastern Mediterranean ◽  
Law Of The Sea ◽  
National Interests ◽  
Paradoxical Situation ◽  
International Court ◽  
Maritime Disputes ◽  
The Law ◽  
The Republic ◽  
Republic Of Cyprus

The Eastern Mediterranean is becoming a new region of interstate confrontation and clash of national interests. This is largely due to the discovery of oil and gas reserves, the development of which is becoming possible with the existing technology. The Republic of Turkey has a special position regarding this maritime region. The paper analyzes those bases - historical, political and legal - that determine Turkeys current policy with regard to maritime delimitation and the settlement of maritime disputes in the Eastern Mediterranean. Particularly, it is shown that Turkeys policy in the region continues to be based on the approaches that were announced by Turkey during the I-III UN Conferences on the Law of the Sea (1958, 1960, 1973-1982 respectively), which have remained unchanged up to now. This position, as regards both the outer limits of the territorial sea, the legal regime of islands and the delimitation of the continental shelf, continues to define the essence of the controversy between Turkey and other countries of the region, including Greece and the Republic of Cyprus. At the same time, it is shown that there is a set of circumstances that significantly limit the prospects of solving these interstate contradictions within the framework of international judicial instances, including the International Court of Justice and the International Tribunal for the Law of the Sea. The conclusion is made that, for both Turkey and Greece, the most acceptable option would be to work out a model of settlement, which would not imply the obligation of its immediate implementation. Particular attention is paid to the ideological and practical framing of Turkish claims within the framework of the Blue Homeland doctrine, developed by a number of retired Turkish officers. It shows how Ankara uses the ideas of pan-Turkism and neo-Ottomanism to justify its claims to vast maritime spaces. The distinctive feature of this doctrine most likely is its anti-American, anti-NATO and anti-European orientation. There is a paradoxical situation when certain ideas enshrined in this concept directly correlate with the interests of the Russian Federation.

scholarly journals Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

2017 ◽  
Vol 6 (2) ◽  
pp. 125-129 ◽  
Author(s):  
Bojana Lakićević-Đuranović
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
The Law

This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the development of the international Law of the Sea, particularly in the segment of maritime delimitations.

Regulatory Coherence

2021 ◽  
pp. 51-88
Author(s):  
Caroline E. Foster
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Legitimate Authority ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Regulatory Standards ◽  
International Court ◽  
United Nations Convention ◽  
The Law ◽  
Advisory Opinions

Part II comprises two chapters, Chapter Three and Chapter Four. These chapters together investigate the decisions and advisory opinions of the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and United Nations Convention on the Law of the Sea (UNCLOS) Annex VII tribunals, as well as other Permanent Court of Arbitration (PCA) cases. The courts and tribunals studied in these chapters make use of a broad range of interpretive methodologies in identifying emerging global regulatory standards, including reliance on the inbuilt logic of the regulatory schemes they are applying. The standards articulated make relatively minimal demands on domestic legal systems compared with more demanding standards that could have been developed. In this respect the standards appear to enhance traditional procedural justifications for international law’s claim to legitimate authority. Chapter Three focuses on tests for ‘regulatory coherence’.

scholarly journals The Timor Sea Conciliation: The Unique Mechanism of Dispute Settlement

2020 ◽  
Vol 31 (1) ◽  
pp. 321-344
Author(s):  
Dai Tamada
Keyword(s):  
Dispute Settlement ◽  
Economic Factor ◽  
Law Of The Sea ◽  
Dispute Settlement Mechanism ◽  
International Court ◽  
Maritime Boundary ◽  
Timor Sea ◽  
The Law ◽  
Gas Fields ◽  
Unique Mechanism

Abstract The maritime boundary dispute between Timor-Leste and Australia was submitted to the compulsory conciliation procedure under the United Nations Convention on the Law of the Sea (UNCLOS). This is the first instance of conciliation, whether voluntary or compulsory, under UNCLOS. The Timor Sea conciliation led to the successful settlement of the long-standing deadlock between the parties that had hitherto not been settled by negotiation and had no possibility of being settled by litigation (within, for example, International Tribunal for the Law of the Sea or International Court of Justice proceedings) or arbitration (within the context of an UNCLOS Annex VII tribunal). This article aims to elucidate the unique mechanism of conciliation and, to this end, analyses both the procedural particularities of conciliation under UNCLOS and the substantive considerations in conciliation proceedings. The author places emphasis, in particular, on the fundamental importance of the economic factor in the Timor Sea maritime delimitation – namely, the sharing ratio of the natural resources in the Greater Sunrise gas fields. Being a definitive factor for the success of this conciliation, it was the economics of this dispute that incentivized the parties to compromise and settle. Furthermore, given that conciliation is a most elucidating piece in the rather complicated puzzle that is the UNCLOS dispute settlement mechanism, the Timor Sea conciliation offers valuable insights into this mechanism.

Dispute Settlement in the Law of the Sea: Survey for 2018

2019 ◽  
Vol 34 (4) ◽  
pp. 539-570 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Pacific ◽  
Timor Leste ◽  
The Pacific Ocean ◽  
The Caribbean ◽  
The Law

AbstractThis is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2018. The most significant developments during the year were the judgment of the International Court of Justice in Costa Rica v. Nicaragua, delimiting the maritime boundaries between the two States’ overlapping maritime zones in both the Caribbean Sea and the Pacific Ocean; the report of the Conciliation Commission concerning maritime boundary arrangements between Timor-Leste and Australia; and the findings of a dispute settlement body of the South Pacific Regional Fisheries Management Organization.

Maritime Dispute

2015 ◽  
Vol 109 (2) ◽  
pp. 379-386
Author(s):  
Abhimanyu George Jain
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

On January 27, 2014, the International Court of Justice (Court) rendered its judgment in a dispute between Peru and Chile concerning the maritime boundary between them. The Court held that a partial maritime boundary already existed between the parties, and it proceeded to analyze both its nature and its extent on the basis of agreements between the parties, their practice, and other evidence. For the remainder of the boundary extending up to 200 nautical miles, the Court applied the rule of equitable delimitation found in Article 74 of the United Nations Convention on the Law of the Sea (UNCLOS).

scholarly journals Dispute Settlement and the Law of the Sea Convention: Problems of Fragmentation and Jurisdiction

1997 ◽  
Vol 46 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Alan E. Boyle
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
International Court ◽  
The Law ◽  
International Seabed Authority ◽  
Substantive Law ◽  
Seabed Mining

The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentially, a range of other entities. Implementation of the Convention has spawned a number of inter-State disputes to add to the cases already before the International Court. The initiation of the ITLOS not only opens up new possibilities for settling these disputes but it also has implications for the future role of the International Court and ad hoc arbitration in the law of the sea and more generally. It contributes to the proliferation of international tribunals and adds to the potential for fragmentation both of the substantive law and of the procedures available for settling disputes. Judges Oda and Guillaume have argued that the ITLOS is a futile institution, that the UNCLOS negotiators were misguided in depriving the International Court of its central role in ocean disputes and that creation of a specialised tribunal may destroy the unity of international law. The law of the sea, both judges argue, is an essential part of international law and any dispute concerning the application and interpretation of that law should be seen as subject to settlement by the International Court.

Cooperation of International Judicial Bodies Considering Maritime Disputes

2020 ◽  
Vol 1 (12) ◽  
pp. 145-148
Author(s):  
E. S. Orlova
Keyword(s):  
Law Of The Sea ◽  
Legal Regime ◽  
Maritime Disputes ◽  
The Subject ◽  
The Law ◽  
The Relationship

The paper is devoted to the cooperation of international judicial bodies operating based on the 1982 UN Convention on the Law of the Sea This cooperation is determined by the Convention, which sets out four procedures for the resolution of international maritime disputes. The relevance of the paper is determined by the important role of international judicial bodies in resolving international maritime disputes by amicable means. The subject of the study is the relationship between international judicial authorities on the interpretation and application of the 1982 UN Convention on the Law of the Sea. The purpose of the paper is to determine the rules of law on cooperation of international judicial bodies considering international maritime disputes based on the Convention on the Law of the Sea. The hypothesis of the study is that the cooperation of international judicial bodies operating within the framework of a single legal regime causes competition among the jurisdictions of international judicial bodies and is productive.

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