A Study on the Legal Status and the Maritime Boundary Delimitation of Ieodo under the UNCLOS

2018 ◽  
Vol 18 ◽  
pp. 93-121
Author(s):  
Jin-Yi Choi
Keyword(s):  
Legal Status ◽  
Maritime Boundary ◽  
Maritime Boundary Delimitation ◽  
The Unclos

Refining Maritime Boundary Delimitation Methodology: The Search for Predictability and Certainty

2019 ◽  
Vol 27 (1) ◽  
pp. 35-61
Author(s):  
Abdul Ghafur Hamid
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
International Courts ◽  
The North ◽  
Maritime Boundary ◽  
History Of ◽  
The North Sea ◽  
United Nations Convention ◽  
Maritime Boundary Delimitation ◽  
The Unclos

For decades, the maritime boundary delimitation methodology remains uncertain and confusing. This is as a result of the sole reliance on equitable principles, total disregard of the equidistance method in the North Sea Continental Shelf cases and vague provisions of United Nations Convention on the Law of the Sea (UNCLOS) 1982 in particular on the delimitation of the exclusive economic zone and the continental shelf. The main objective of the present article is to investigate how the delimitation methodology could be refined to be more predictable and certain through the flexible interpretation of the conventional law by the decisions of international courts and tribunals. The article first of all traces the codification history of the UNCLOS 1982 in order to ascertain the view of States expressed during the drafting process, which reflected the bitter rivalry between the two camps of equidistance and equitable principles. The article then makes a painstaking analysis of the decisions of international courts and tribunals since 1990s to the most recent one and finds that the equidistance principle has been reinstated as a basic methodology in maritime boundary delimitation, supplemented by relevant circumstances, in order to achieve an equitable solution. The article concludes that the search for predictability and certainty in maritime boundary delimitation has, to some extent, been achieved in the form of the recent three-stage approach, although there are still grey areas where significant uncertainty remains.

THE LEGALITY OF BORDER SHIFTS DUE TO COASTAL RECLAMATION

2018 ◽  
Vol 2 (1) ◽  
pp. 104
Author(s):  
Dita Birahayu
Keyword(s):  
Legal Status ◽  
Legal Certainty ◽  
Maritime Boundary ◽  
Coastal Reclamation ◽  
Advanced Science ◽  
Boundary Conflict ◽  
The Republic ◽  
Independent Country ◽  
Maritime Territory

<p>Based on Declaration of Djuanda, it declared that Indonesia maritime was defined as the entity of the Republic of Indonesia (NKRI), and thus, Indonesia is known as an archipelagic country with a very broad maritime territory directly adjacent to 10 neighboring countries. However, it poses a lot of potential maritime boundary conflict. Supported by this current advanced science, both artificial islands and coastal reclamation were being carried out. Singapore is one having a reclamation named Jurong Island, and it is very close to the territory of NKRI. As an independent country, Indonesia is attempting to protect its territory by having a diplomatic negotiation with Singapore in order to decide the legal certainty over their maritime borders, especially in east area. In addition, they need to define the legal status of that reclaimed island. Based on UNCLOS 1982 article 11 and 80, the legal status of the reclaimed island may not threaten the sovereignty of NKRI as its presence does not change the maritime territory of a country, and it has been agreed in the previous agreement.</p>

scholarly journals Rising Sea Level, Receding Boundaries and Freezing Baselines in a Warming Climate

2019 ◽  
pp. 1-7
Author(s):  
Emojong Amai Mercy ◽  
Eliud Garry Michura
Keyword(s):  
Climate Change ◽  
Sea Level Rise ◽  
Sea Level ◽  
Future Climate Change ◽  
Maritime Boundary ◽  
Climate Change Effect ◽  
Global Sea Level ◽  
Comprehensive Framework ◽  
Maritime Boundary Delimitation ◽  
International Boundaries

This paper discusses the less publicised but far from less significant, an issue of how the international community’s approach to maritime boundary delimitation will be impacted by climate change resulting in sea level rise with coastal lands submerging affecting the international boundaries and impacting on biodiversity and human survival in the future. The climate change effect is already creating pressure on international law regardless of the direction that the law of the sea takes in remedying this dilemma. It is quite apparent that global disputes and conflicts are arising and solutions are needed urgently. The climate change and the consequent global sea level rise are widely touted to submerge islands and coastlines without discrimination. The international community has been relatively slow to react to what could pose an unprecedented threat to human civilisation.  The policies that have been applied have arguably been reactive and not proactive.  In future climate change may develop other by-products which may not be understood at this moment and may require a proactive approach. Further discussion of the merits of the potential paths is ideal in ensuring that appropriate and well thought-out resolutions are negotiated. Regardless of the outcome, the thorough debate is required to ensure the correct decision is made and that the balancing act between fulfilling states' interests and achieving a meaningful result does not become detrimental to the solidity and the enforceability of the outcome. There is a need to establish a comprehensive framework for ocean governance for management and long-term development and sustainability.

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