1st Edition

Maritime Disputes and International Law Disputed Waters and Seabed Resources in Asia and Europe

By Constantinos Yiallourides Copyright 2019
    292 Pages
    by Routledge

    292 Pages
    by Routledge

    The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

    Table of contents

    Table of contents

    List of figures

    List of cases

    List of abbreviations

    Preface

    Acknowledgements

    Chapter 1: Introduction

    Background to this book

    International cooperation over seabed activities? Why now?

    Goals of this book

    Structure of this book

    Chapter 2: The International Law of Maritime Boundary Delimitation

    Introduction

    The role of seabed activities in the development of the law of the sea

    Assessing the efforts to codify the law of maritime delimitation

    The 1958 United Nations Conference on the Law of the Sea

    The Third United Nations Conference on the Law of the Sea (1973–1982)

    Maritime boundary delimitation before international courts and tribunals

    Introduction

    The equitable principles/relevant circumstances method

    Moving towards a more certain delimitation methodology? The increasing importance of equidistance

    Drawing a single EEZ and continental shelf boundary

    The prominence of geography

    Relevant circumstances when drawing a single EEZ/continental shelf boundary

    Conclusion

    Chapter 3: The Aegean Sea Maritime Delimitation Dispute

    Introduction

    Geographical characteristics

    Maritime claims and applicable law

    Territorial sea claims

    Continental shelf claims

    EEZ claims

    Method of delimitation advanced by Greece

    Method of delimitation advanced by Turkey

    Questions of maritime delimitation in the Aegean Sea

    Zone-generating capacity of islands

    ‘Rocks’

    ‘Cannot sustain human habitation or economic life of their own’

    The role and effect of islands in maritime boundary delimitation

    Introduction

    Discernible principles or approaches

    Discounting islands as base points

    Granting islands reduced effect

    Island enclaves

    Combination of approaches

    Implications for the Aegean Sea

    Seabed resources in the Aegean Sea

    Conclusion

    Chapter 4: The East China Sea Maritime Delimitation Dispute

    Introduction

    Geographical and geomorphological characteristics

    Maritime claims and applicable law

    China

    Taiwan

    Japan

    South Korea

    Delimitation questions in the East China Sea

    China’s outer continental shelf submission to the CLCS

    The role of geology and geomorphology in maritime boundary delimitation

    Jurisprudence

    State practice

    Timor Sea

    Japan’s practice towards South Korea

    Senkaku/Diaoyu islands and Article 121(3) of UNCLOS

    Introduction

    Application of Article 121(3) of UNCLOS to Senkaku/Diaoyu islands

    Effect of Senkaku/Diaoyu islands on maritime boundary delimitation

    Oil and gas development in the East China Sea

    Conclusion

    Chapter 5: Unilateral Seabed Activities in Disputed Waters

    Introduction

    Maritime spaces under overlapping ‘sovereign rights’

    Rights and obligations of States pending resolution of overlapping claims

    Obligation to make every effort to conclude provisional arrangements

    Obligation to make every effort not to aggravate the dispute

    Lessons to be learned

    Objective criteria are useful but much depends on the context

    More scope for unilateralism?

    Meaningful responses against unilateral petroleum activities

    Impact on energy investments

    Conclusion

    Chapter 6: Joint Development of Seabed Resources in Disputed Maritime Areas

    Introduction

    The basic concept of joint development

    Joint development and cross-border unitisation

    The functional character of joint development

    The legal foundations of joint development

    EEZ and continental shelf rights

    Joint development in the law of the sea

    Joint development and customary international law

    Joint development in State practice

    Single state authority

    Joint authority

    Compulsory joint venture

    Conclusion

    Chapter 7: Beyond Delimitation Questions in the East China Sea and the Aegean

    Introduction

    Negotiating joint development in the East China Sea and the Aegean

    Recognition of the prima facie validity of competing claims

    Political will

    Determining the zone of cooperation

    A joint development zone in the Aegean?

    Choice of legal framework applicable to the joint development zone: options

    Single state model

    Joint authority model

    Preferable approach: ‘divide and manage’

    Institutional set-up

    Key objectives of the joint commission

    Orderly and timely exploration and exploitation of petroleum

    Prevent or mitigate conflicts between petroleum activities and other marine uses

    Protection and preservation of the marine environment

    Chapter 8: Conclusion

    Index

    Biography

    Dr Constantinos Yiallourides is the Arthur Watts Research Fellow in Public International Law at the British Institute of International and Comparative Law, specialising in maritime and territorial disputes. He advises States, international organisations and other entities on matters of international law.