3 - The Divergent Role of Private Rights in Land and Maritime Delimitation

Summary

This chapter examines the role of private rights in the process of land and maritime delimitation. To determine this, the study performs a comparative analysis in pairs. Firstly, it compares the effect of private rights in land and maritime delimitation treaties. Then it compares the effect of private rights in land and maritime delimitation rulings. A synthesis of the findings reached shows that the effect of private rights is extensive and significant in land delimitation, but restricted or even absent in maritime delimitation. Hence, the risk of reallocation is greater for offshore private rights in the first place. This asymmetry has important implications for private actors operating in contested waters and for international law in general.