{"title":"如何把一个简单的案件复杂化:印度洋海域划界是非曲直的判断(索马里诉肯尼亚)","authors":"Massimo Lando, Jessica Joly Hébert","doi":"10.1163/15718085-bja10094","DOIUrl":null,"url":null,"abstract":"\nOn 12 October 2021, the International Court of Justice (ICJ or Court) issued its judgment on the merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). The judgment raises questions of significance in respect of two issues upon which this comment elaborates. First, the Court failed to distinguish adequately between the notions of acquiescence and tacit agreement, which were at the basis of Kenya’s claim for an agreed boundary running along a parallel of latitude. Second, in drawing the boundary as requested by Somalia, the Court departed from its usual approach concerning the adjustment of the provisional equidistance line established in the first stage of its three-stage delimitation process.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3000,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"How to Complicate a Simple Case: The Judgment on the Merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)\",\"authors\":\"Massimo Lando, Jessica Joly Hébert\",\"doi\":\"10.1163/15718085-bja10094\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nOn 12 October 2021, the International Court of Justice (ICJ or Court) issued its judgment on the merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). The judgment raises questions of significance in respect of two issues upon which this comment elaborates. First, the Court failed to distinguish adequately between the notions of acquiescence and tacit agreement, which were at the basis of Kenya’s claim for an agreed boundary running along a parallel of latitude. Second, in drawing the boundary as requested by Somalia, the Court departed from its usual approach concerning the adjustment of the provisional equidistance line established in the first stage of its three-stage delimitation process.\",\"PeriodicalId\":45173,\"journal\":{\"name\":\"International Journal of Marine and Coastal Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2022-04-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Marine and Coastal Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1163/15718085-bja10094\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Marine and Coastal Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15718085-bja10094","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
How to Complicate a Simple Case: The Judgment on the Merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)
On 12 October 2021, the International Court of Justice (ICJ or Court) issued its judgment on the merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). The judgment raises questions of significance in respect of two issues upon which this comment elaborates. First, the Court failed to distinguish adequately between the notions of acquiescence and tacit agreement, which were at the basis of Kenya’s claim for an agreed boundary running along a parallel of latitude. Second, in drawing the boundary as requested by Somalia, the Court departed from its usual approach concerning the adjustment of the provisional equidistance line established in the first stage of its three-stage delimitation process.
期刊介绍:
The International Journal of Marine and Coastal Law addresses all aspects of marine and coastal law. In addition to normal in-depth scholarly articles, the Journal contains a distinctive feature: a vigorous ‘Current Legal Developments’ section which provides notes and commentary on international treaties and case law, national statute law, national court decisions, and other aspects of state practice; includes the relevant original documentation where appropriate; and monitors developments in relevant international organizations at a global and regional level. The format also includes a book review section.