Book contents
- Non-State Actors’ Rights in Maritime Delimitation
- Non-State Actors’ Rights in Maritime Delimitation
- Copyright page
- Dedication
- Contents
- Preface and Acknowledgements
- Table of Cases
- Table of Treaties and Conventions
- Other International Instruments
- Abbreviations
- 1 Prolegomena
- 2 Private Rights in Areas of Uncertain Jurisdiction
- 3 The Divergent Role of Private Rights in Land and Maritime Delimitation
- 4 The Uneven Preservation of Reallocated Private Rights on Land and at Sea
- 5 Reassessing the Asymmetry
- 6 Reaching an Equilibrium
- 7 Epilogue
- Bibliography
- Index
5 - Reassessing the Asymmetry
Published online by Cambridge University Press: 15 June 2021
Book contents
- Non-State Actors’ Rights in Maritime Delimitation
- Non-State Actors’ Rights in Maritime Delimitation
- Copyright page
- Dedication
- Contents
- Preface and Acknowledgements
- Table of Cases
- Table of Treaties and Conventions
- Other International Instruments
- Abbreviations
- 1 Prolegomena
- 2 Private Rights in Areas of Uncertain Jurisdiction
- 3 The Divergent Role of Private Rights in Land and Maritime Delimitation
- 4 The Uneven Preservation of Reallocated Private Rights on Land and at Sea
- 5 Reassessing the Asymmetry
- 6 Reaching an Equilibrium
- 7 Epilogue
- Bibliography
- Index
Summary
This chapter examines whether the unbalanced treatment of private rights on land and at sea is justified by reasons of a legal or practical nature: are the interests of non-state actors entirely irrelevant to the international law of the sea? Are land and maritime delimitation too different to be reconciled? Are offshore private rights less significant than land rights? The chapter concludes that none of those reasons can satisfactorily justify the ineffective protection which private rights receive in the context of maritime delimitation. This underlines the need for an equilibrium in the treatment of private interests on land and at sea.
Keywords
onshore private rightsoffshore private rightslegal asymmetryconventions of the seastate-centrismArticle 15 UNCLOSArticle 74(1) UNCLOSArticle 83(1) UNCLOSdelimitation groundsdelimitation rulesduration of private rightsproperty rightsprivate lawforce majeure clausecontract frustrationstabilization clauseinsurance
- Type
- Chapter
- Information
- Non-State Actors' Rights in Maritime DelimitationLessons from Land, pp. 136 - 162Publisher: Cambridge University PressPrint publication year: 2021