Oxford Essays in Jurisprudence.
Oxford essays in jurisprudence Second series.
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Oxford essays in jurisprudence, second series.
, Clarendon Press, Oxford, 1973 First Edition Oxford essays in jurisprudence : a collaborative work / edited by A.G.
Essay 1 Definition and Theory in Jurisprudence;
Maritime delimitation is one of the most discussed issues in international law, distinguished by unusual technical complexity and political relevance. A combination of legal, political, technical, historical, environmental, and economic elements has turned this topic into one of the most studied not only by jurists, but hydrographers, geographers, cartographers, and other experts. At the same time, in a world where the approximately 60 percent of maritime boundaries are still to be defined, maritime delimitation and its law are undergoing a process of progressive definition in several ways, mainly through the activity of international courts and tribunals. In fact since 1940, more than twenty disputes concerning international maritime boundaries have been submitted to international judiciary bodies, and in the particular case of the International Court of Justice (ICJ) maritime delimitation constitutes the principal object of the demands registered. Traditionally, states have been concerned about land boundaries; their interest in maritime boundaries came relatively late when, at the beginning of the 20th century, they discovered the economic potential of the sea in terms of living marine resources and, in particular, hydrocarbons. After that coastal states tended to increasingly exert their sovereignty over seas and oceans, starting an irreversible trend of creating more and larger maritime zones under their sovereign rights or functional competence to administer the territory. In this context, the traditional political nature of maritime boundaries is being supplemented by economic and even by environmental considerations as part of the evolution of the phenomenon of multiplication of maritime boundaries. From a legal point of view, an international maritime boundary is established by agreement between the parties. In the absence of such an agreement, the parties formerly submitted the dispute to international adjudication, mainly to the ICJ, but also to arbitral tribunals or even to the International Tribunal for the Law of the Sea (ITLOS). Due to this fact and to the indeterminate nature of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) provisions on maritime delimitation, international jurisprudence acquires an enormous value, which is highlighted by the unanimous consent doctrine.