Consolidation or Deviation? On Trends and Challenges in the Settlement of Maritime Delimitation Disputes by International Courts and Tribunals

In N. Boschiero, T. Scovazzi et al (eds), International Courts and the Development of International Law: Essays in Honour of Tullio Treves. The Hague/Berlin, TMC Asser Press/Springer, 2013, pp. 323-332.

The basic consideration in maritime delimitation under international law is the importance accorded to neutral, objective legal criteria to enable predictability, along with an appreciation of the specific circumstances of each case, to achieve an equitable solution. Especially since the first half of the 1990s, international judicial and arbitral practice on maritime dispute settlement has greatly contributed to the interpretation and consolidation of principles of international law and rules for maritime delimitation. Although several long-standing maritime delimitation disputes have recently been resolved, the overall trend has not been a decrease in the number of open and emerging maritime delimitation issues. Some new developments, embodying the demand for unique solutions to be employed in maritime delimitation, confront the trend toward the consolidation of international judicial and arbitral practice. This chapter addresses some of those issues.



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