Predictability and Flexibility in the Law of Maritime Delimitation
By (Author) Yoshifumi Tanaka
Bloomsbury Publishing PLC
Hart Publishing
17th June 2021
United Kingdom
Tertiary Education
Non Fiction
341.45
Paperback
616
Width 156mm, Height 234mm
853g
This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.
It may well however have a broader value and usefulness, as a study of the possibilities of reconciling predictability with flexibility in a particularly difficult context, that will, , serve as a guide when such a reconciliation is required in other fields of law -- Hugh Thirlway, Principal Legal Secretary, International Court of Justice
It insightfully depicts almost all the key subjects relating to maritime delimitation, utilising the relevant case law to illustrate the arguments that are made. For those with a deep interest in this topic, it is evident that this book should be included in the list of must-read books dealing with maritime delimitation. -- Ki Beom Lee, Yonsei University * The International Journal of Marine and Coastal Law *
Yoshifumi Tanaka is Professor of Law at the University of Copenhagen.