Maritime Delimitation

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Taking the party line on the South China Sea Arbitration

I recently posted here on the extraordinary 500-page “Critical Study” of the Awards in the South China Sea Arbitration published by the Chinese Society of International Law (CSIL) in Oxford University Press’ Chinese Journal of International Law. The piece drew a number of interesting comments, the most interesting from Professor Bing Ling of the University of Sydney: This Critical Study is not some spontaneous work by individual academics, but clearly a government-orchestrated project produced in the name of a learned society. The Working Report of the Board of CSIL (2013-18) reports that the work of CSIL, including the Critical Study, was carried out “under the supervision and leadership of the Foreign Ministry” (https://mp.weixin.qq.com/s/Xv8Kij_bDuqMETULvUfMqg). That CSIL Working Report makes for interesting reading in Google Translate. It opens with: In the past five years, under the guidance of the socialist ideology with Chinese characteristics in the new era of Xi Jinping, the current council has united and led the…

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A new twist in the South China Sea Arbitration: The Chinese Society of International Law’s Critical Study

On Monday 14 May 2018 the Chinese Journal of International Law, an Oxford University Press journal, published an extraordinary 500 page “Critical Study” of the Awards on jurisdiction and the merits in the South China Sea Arbitration between the Philippines and China. Readers will recall the case was brought under the UN Convention on the Law of…

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Part II: Analysis of Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean

An overview of the Ghana/Côte d’Ivoire judgment is provided in the first part of this post. The purpose of this second part is to highlight issues of practical significance which flow from the judgment. In two important ways, the Ghana/Côte d’Ivoire judgment has demonstrated the functionality of dispute resolution processes under Part XV of…

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Part I: Analysis of Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean

On 23 September 2017, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) rendered an award in Ghana/Côte d’Ivoire. It is only the second case, following the Guyana/Suriname Arbitration of 2007, in which an international adjudicating body has ascertained the meaning and scope of Articles 74(3) and 83(3) of the United…

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A Commentary on the Maritime Delimitation Issues in the Croatia v. Slovenia Final Award

I. Introduction An arbitral tribunal, constituted under the auspices of the Permanent Court of Arbitration, issued its final and unanimous award in the Croatia v. Slovenia case on 29 June 2017. The arbitration concerned a territorial and maritime dispute between Croatia and Slovenia. This post will focus on the maritime delimitation issues. The…

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