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There are getting on for some 200 areas where there is as yet no boundary between the overlapping maritime zones of two or more States. This chapter seeks to establish what international law obligations States have in such areas, in particular obligations designed to avoid or mitigate lawlessness and the sub-optimal utilization of resources. Those obligations vary, depending on the maritime zone in question. Accordingly, the position in relation to the eez and continental shelf within 200 nautical miles, the continental shelf beyond 200 nautical miles and the territorial sea is examined in turn, focussing particularly on obligations contained in the UN Convention on the Law of the Sea. The last part of the chapter looks at the position in relation to the dozen or so coastal States that are not parties to the Convention.

Open Access
In: Frontiers in International Environmental Law: Oceans and Climate Challenges
In: Legal Regimes for Environmental Protection
In: The World Ocean in Globalisation
In: The World Ocean in Globalisation
In: The 1982 Law of the Sea Convention at 30
In: Jurisdiction over Ships
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Abstract

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. It covers developments concerning the International Tribunal for the Law of the Sea in 2016 and concerning all other law of the sea dispute settlement bodies for both 2015 and 2016. The developments covered include: the awards in Chagos Marine Protected Area (Mauritius v. United Kingdom), South China Sea (Philippines v. China), Arctic Sunrise (Netherlands v. Russia) and Duzgit Integrity cases; the judgments in the jurisdictional phases of the Norstar and Nicaragua/Colombia cases; the prescription of provisional measures by the arbitral tribunal in the Enrica Lexie case; and the first ever use of the compulsory conciliation procedures of the un Convention on the Law of the Sea.

In: The International Journal of Marine and Coastal Law
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Abstract

The first part of this article explores the extent to which the European Union (EU) is an actor in the law of the sea. After explaining when, why and how the EU became such an actor, it considers the legal and political constraints on the capacity of the EU to act; the interests that have shaped its role as an actor; and the various means by which it acts. The second part of the article applies the conclusions from this analysis to outline the role that the EU has so far played in the ongoing development of the legal regime of the marine Arctic and to predict the role that it will continue to play, especially as regards navigation, fisheries, the exploitation of offshore oil and gas, and the protection of the environment.

In: The International Journal of Marine and Coastal Law