The Law of Maritime Boundary Delimitation

The Law of Maritime Boundary Delimitation

the law of Maritime boundary the limitation looking at the case law concerning the delimitation of Maritime boundaries the conclusion that state practice has played a limited role in the formation of the rules of customary law in this field seems inescapable this flag is quite remarkable taking into account the the limitation of Maritime zones is addressed in the convention on the territorial Sea and the contiguous Zone the convention on the continental shelf and the law of the sea Convention as well as in by now over 130 bilateral the limitation agreement and the legislation of almost all Coastal States not surprisingly the State of Affairs has dominated the debate over the content and sources of Maritime the limitation law one of the issues involved is the significance of bilateral the limitation agreement which in a majority of cases apply equidistance to establish the legal significance of this recurrent use of equidistance it is necessary to inquire further into the circumstances related to the conclusion of the literal the limitation agreement over the last decade quiet a number of comparative analysis of the lateral delimitation agreement has been published providing information on the law that has been applied to delimited the boundary the limitation method that have been used and the circumstances that played a role in the adoption of specific method of delimitation the present study focused on the practice concerning the limitation of Maritime boundaries of only one state the Russian Federation the choice of force such as an approach is based on the consideration the looking in detail at the practice of one state on the delimitation of its Maritime boundaries can contribute to a further understanding of the relationship between State practice and Maritime the limitation law the objective of this study is to establish the role of Maritime the limitation law in shaping the position of the Russian Federation in negotiation on the delimitation of its Maritime boundaries and the implication this entails for the possible contribution of electoral delimitation agreement and practice related to their negotiation to the development of maritime delimitation law the choice for the Russian Federation as to the object of this case study is explained by the significance of this state for the development of the law of the sea in general and the existence of a considerable quantity of practice of this state concerning the delimitation of Maritime boundaries this practice spent more than 4 decades and include quiet diversion cases both as regard the factual background the claims made in bilateral negotiation and the applicant below in a number of Maritime boundary the limitation of the Russian Federation the applicable law has been the Cs convention or the TS convention while in other cases customary law applied well until the beginning of the 1980s continental shelf and territorial sea boundaries formed the subject of negotiation thereafter the need for the delimitation of exclusive economic zone or eec or exclusive Fisheries zone or EFC boundaries was taken into account in negotiation although it is difficult to get access to material concerning the negotiation on the the limitation of Maritime boundaries the case of the Russian Federation provides sufficient information to realize the objective set out above the delimitation of the continental shelf and 200 more zones has generated most practice of the Russian Federation which correspond to development in the case law and state practice in general in the dress the conclusion of agreement of the delimitation of the territorial sea never a serious controversies between the Russian Federation and the boring State the limitation of the contiguous Zone isn’t taken into consideration in the study as there has been no practice of the Russian Federation on this zone until very recently draft legislation submitted to the Russian parliament in 1992 provide for the establishment of a 24-mile contiguous Zone by the Russian Federation for the first time in its history the period under consideration in the analysis of Maritime the limitation law runs from the Genesis of the continental shelf regime in the 1940s which formed the starting point for the formulation of present-day Maritime the limitation law until the prison the case study on the Russian Federation include practice from before this period to the accident it is relevant to the interpretation of practice of the Russian veteran on Maritime the limitation law this study is divided into four part the part 1 contains an analysis of maritime delimitation law looking at State practice and the case law this analysis mainly address the continental shelf and EEG since the legal regime applicable to the delimitation of the territorial sea has an attractive the same amount of attention in state practice and the case law and also make up only a limited part of the Russian Federation practice under the limitation of Maritime boundaries Parts two and three are concerned with the case study of the Russian Federation the first of this part analyzes the position of the Russian Federation in respect of the rules contained in the 1958 TS convention and CS convention and the Los convention and gives an overview of the limitation provision contained in National legislation moreover part 2 looks at Russian Doctrine on Maritime the limitation law which provides some background information on the Russian Federation position on the content of Maritime the limitation law the negotiation on the delimitation of Maritime boundaries and resulting agreement of the Russian Federation with Nick boring state are analyzed in part 3. finally part 4 combined the finding of the preceding Port evaluating the practice of the Russian Federation in the light of Maritime the limitation law to arrive at the presentation of conclusion relation of the Russian Federation and other former Soviet Republic the Soviet Union originally the study which was initiated in the beginning of 1989 was concerned with the Soviet Union the demise of this state at the end of 1991 made it necessary to reconsider this Focus the choice for the Russian Federation as the object of this study is inspired by the fact that the Russian Federation is considered the continuation of the Soviet Union as a subject of international law this choice is supported by the Practical argument that there is a large measure of territorial continuity between the Russian Federation and the Soviet Union only in the Baltic Sea and the Black Sea there was a change in political geography following the demise of the Soviet Union although in both cases the Russian Federation remains one of the coastal State finally the choice for the Russian Federation as the sole unit of analysis instead of looking at all former Soviet Republic follows from the consideration that the aim of the study is to make a detailed analysis of the practice of one state the claim of General continuity between the Russian Federation and the former Soviet Union has been widely recognized by the international communities the other member state of the CIS expressed their support to the Russian Federation continuation of the membership of the Soviet Union in the United Nations including permanent membership of the security Council on 21st December 1991 this continuation of membership didn’t encounter any opposition in the United Nation thank you.

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