{"title":"专属经济区和大陆架海洋划界中的相关海岸和相关区域","authors":"Yuri Ishii","doi":"10.1080/00908320.2020.1805166","DOIUrl":null,"url":null,"abstract":"Abstract This article examines the development of case law concerning the criteria determining the relevant coasts and the relevant areas in delimitation of the exclusive economic zone and continental shelf. There is a discrepancy in the jurisprudence over whether the relevant area is determined by assessing the overlaps of “seaward extension,” “projections,” or “potential entitlement,” and this undermines the transparency of the process and the predictability of the result. There is also a debate over whether identification of the relevant area shall be based on “frontal” or “radial” projections. This article tracks this jurisprudence, questions why there is a discrepancy, and critically analyzes the consequences of these decisions in the light of the principle of equity.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"33 1","pages":"307 - 329"},"PeriodicalIF":1.3000,"publicationDate":"2020-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Relevant Coasts and Relevant Area in the Maritime Delimitation of the EEZ and Continental Shelf\",\"authors\":\"Yuri Ishii\",\"doi\":\"10.1080/00908320.2020.1805166\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This article examines the development of case law concerning the criteria determining the relevant coasts and the relevant areas in delimitation of the exclusive economic zone and continental shelf. There is a discrepancy in the jurisprudence over whether the relevant area is determined by assessing the overlaps of “seaward extension,” “projections,” or “potential entitlement,” and this undermines the transparency of the process and the predictability of the result. There is also a debate over whether identification of the relevant area shall be based on “frontal” or “radial” projections. This article tracks this jurisprudence, questions why there is a discrepancy, and critically analyzes the consequences of these decisions in the light of the principle of equity.\",\"PeriodicalId\":45771,\"journal\":{\"name\":\"Ocean Development and International Law\",\"volume\":\"33 1\",\"pages\":\"307 - 329\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2020-08-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ocean Development and International Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1080/00908320.2020.1805166\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ocean Development and International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/00908320.2020.1805166","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Relevant Coasts and Relevant Area in the Maritime Delimitation of the EEZ and Continental Shelf
Abstract This article examines the development of case law concerning the criteria determining the relevant coasts and the relevant areas in delimitation of the exclusive economic zone and continental shelf. There is a discrepancy in the jurisprudence over whether the relevant area is determined by assessing the overlaps of “seaward extension,” “projections,” or “potential entitlement,” and this undermines the transparency of the process and the predictability of the result. There is also a debate over whether identification of the relevant area shall be based on “frontal” or “radial” projections. This article tracks this jurisprudence, questions why there is a discrepancy, and critically analyzes the consequences of these decisions in the light of the principle of equity.
期刊介绍:
Ocean Development and International Law is devoted to all aspects of international and comparative law and policy concerning the management of ocean use and activities. It focuses on the international aspects of ocean regulation, ocean affairs, and all forms of ocean utilization. The journal publishes high quality works of scholarship in such related disciplines as international law of the sea, comparative domestic ocean law, political science, marine economics, geography, shipping, the marine sciences, and ocean engineering and other sea-oriented technologies. Discussions of policy alternatives and factors relevant to policy are emphasized, as are contributions of a theoretical and methodological nature.