Superposition of National Legal Regimes in MDA

Superposition of National Legal Regimes in MDA

the superposition of national legal regimes in Meriden disputed areas superposition of national legal regimes in Maryland disputed areas is governed by a set of international rules provided for in article 74 and 83 of the United Nations convention on the law of the sea or unclose according to those articles and as the international jurisprudence confirmed not all activities are permissible in those areas and claimant state are bound by a general obligation of restained that at the very least imposes a duty not to permanently harm the marine environment states are also required to negotiate in good paid provisional arrangement of a practical nature aiming to limit conflicting National legislation and conflicting activities in the absence of provisional Arrangement the legality of State activities in an area of overlapping Meridian claims is unclear this paper reveals in the light of the international jurisprudence and state practice the regime devoted to disputed Maritime areas it then highlight the main features of the obligation of self restain in a context where each state is trying to assert its operating and maximize the benefit of its claim of the American disputed area [Music] significant part of the sea remain undelimited which raises tension when several States may be deemed to have jurisdiction and therefore be entitled to exercise their powers over the same very damn spaces this phenomenon appears even more prominent in a context where the interests of State for the blue economy are growing which increases competition for maritime space and the probability of conflicting uses of the sea and calls for more diplomatic dialogue and cooperation Maritime disputed Aria or MDA are commonly defined as Ras were the claim for two or several state of a specific Maritime Zone in general the exclusive economic zone or eez or the continental shelf overlap and no final delimitation whether by agreement or judicial award has been reached an MDA is then an area where two different state or more advanced a plausible legal entitlement and indicate in their respective views what the correct limitation line should be whether by formal claim at the international level or by their National practice if this context on the one hand an MDA is the typical area of superposition of national legislation emanating from both states on the other hand superposition of national legal regimes is the consequence as well as the empirical evidence of an existing MDA according to customary international law and specific provision of the United Nation convention on the law of the sea or unclose state with a beside our edges and Coast shall reach agreement for the delimitation of their EEG article 74.1 or continental shelf article 83.1 there is no such abbreviation concerning the territorial sea but according to Article 15 if two states have a beside or adjacent course they show a study Beyond a median line except where they can found their claim on historic title or spatial circumstances beside even for the daily limitation of their territory you’ll see states are bound by a general duty to cooperate and to act in good faith article 300 on Clause when studying MDA Scholars focus in General on the eec and Continental shot because of the specific provision of article 74 and 83 unclose indeed both articles include a provisional regime in the case where no final agreement been reached in such a situation article 74.3 and 83.3 provide another state concern in the spirit of understanding and cooperation shall make every effort to enter into provisional arrangement of a practical nature and during this transitional period not the geopardize or hamper the reaching of the final agreement such Arrangement shall be without prejudice to the final the limitation the exact meaning around the scope of such a provision remains unclear yeah the issues and interests at stake can be tremendous on the one side it recognizes a defective transitional period during which overlapping claim as well as the national legal regime of state and are supposed to go exist the provisional regime provided for in article 74.3 and 83.3 unclose may therefore limit the probability of conflicting legislation and practice at sea on the other side practice shows that the existence of a disputed area and the lack of cooperation between the claimant State can lead to the unilateral endorsement of national law this can impact navigation the exploration and exploitation of Marine Resources the production of the marine environment or even lead to the search and Caesar of vessel or cruel detention in such a situation the coexistent of several Nation legal regime create a resume balance of power between the claimant state which are each pursuing effectivity States will try to maximize the scope of their jurisdiction and powers in a disputed area and hope for validation of their unilateral practice oven after an extended period it is even more the case when the delimitation dispute is linked to a severity dispute however according to the provisional regime established by article 74.3 and 83.3 on Clause the claimant state are bound by a general duty of restraint in an MDA an obligation to make every word to enter into provisional arrangement of a practical nature and an obligation not to jeopardize or hamper the reaching of a final agreement it is therefore important to identify what state can or cannot do in an MDA the interpretation of those provision implies the determination of the existence and the substance of an international legal framework limiting their respective powers of the claimant state in an MDA it also raises the question of the opposability of the unilateral practice to one claimant state to the other as well as the question of the entitlement of one claimant state to react to the unilateral practice of the other to that extent it is interesting to share some light on the interaction between superposition of national legal regime and the provisional regime applicable to MDA section 2 of this article focus on the effect of superposition of national legal regime in MDA from the perspective of the international law of the Sea and the provisional regime provided for in article 74.3 and 83.3 on close Section 3 presents the various response of state to the superposition of national legal regimes in MDA the effect on the superposition of State illegal regimes in MDA the superposition of the national legal regime of two or more state which have plausible entire demand to extend their jurisdiction over a maritime Zone can be seen as both a cause and a consequence of the existence of an MDA firstly superposition lead to the identification of a disputed Aureus indeed it contributes to the prettiest determination of the area covered by States overlapping claim subsection 2.1 secondly since a maritime Zone appears disputed between two states which both considered they have jurisdiction a situation of superposition of national legal regime and choose subsection 2.2 thank you.

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