Maritime Disputes and International Law: Disputed Waters and Seabed Resources in Asia and Europe

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

Table of Contents:
Table of contents Table of contents List of figures List of cases List of abbreviations Preface Acknowledgements Chapter 1: Introduction Background to this book International cooperation over seabed activities? Why now? Goals of this book Structure of this book Chapter 2: The International Law of Maritime Boundary Delimitation Introduction The role of seabed activities in the development of the law of the sea Assessing the efforts to codify the law of maritime delimitation The 1958 United Nations Conference on the Law of the Sea The Third United Nations Conference on the Law of the Sea (1973–1982) Maritime boundary delimitation before international courts and tribunals Introduction The equitable principles/relevant circumstances method Moving towards a more certain delimitation methodology? The increasing importance of equidistance Drawing a single EEZ and continental shelf boundary The prominence of geography Relevant circumstances when drawing a single EEZ/continental shelf boundary Conclusion Chapter 3: The Aegean Sea Maritime Delimitation Dispute Introduction Geographical characteristics Maritime claims and applicable law Territorial sea claims Continental shelf claims EEZ claims Method of delimitation advanced by Greece Method of delimitation advanced by Turkey Questions of maritime delimitation in the Aegean Sea Zone-generating capacity of islands ‘Rocks’ ‘Cannot sustain human habitation or economic life of their own’ The role and effect of islands in maritime boundary delimitation Introduction Discernible principles or approaches Discounting islands as base points Granting islands reduced effect Island enclaves Combination of approaches Implications for the Aegean Sea Seabed resources in the Aegean Sea Conclusion Chapter 4: The East China Sea Maritime Delimitation Dispute Introduction Geographical and geomorphological characteristics Maritime claims and applicable law China Taiwan Japan South Korea Delimitation questions in the East China Sea China’s outer continental shelf submission to the CLCS The role of geology and geomorphology in maritime boundary delimitation Jurisprudence State practice Timor Sea Japan’s practice towards South Korea Senkaku/Diaoyu islands and Article 121(3) of UNCLOS Introduction Application of Article 121(3) of UNCLOS to Senkaku/Diaoyu islands Effect of Senkaku/Diaoyu islands on maritime boundary delimitation Oil and gas development in the East China Sea Conclusion Chapter 5: Unilateral Seabed Activities in Disputed Waters Introduction Maritime spaces under overlapping ‘sovereign rights’ Rights and obligations of States pending resolution of overlapping claims Obligation to make every effort to conclude provisional arrangements Obligation to make every effort not to aggravate the dispute Lessons to be learned Objective criteria are useful but much depends on the context More scope for unilateralism? Meaningful responses against unilateral petroleum activities Impact on energy investments Conclusion Chapter 6: Joint Development of Seabed Resources in Disputed Maritime Areas Introduction The basic concept of joint development Joint development and cross-border unitisation The functional character of joint development The legal foundations of joint development EEZ and continental shelf rights Joint development in the law of the sea Joint development and customary international law Joint development in State practice Single state authority Joint authority Compulsory joint venture Conclusion Chapter 7: Beyond Delimitation Questions in the East China Sea and the Aegean Introduction Negotiating joint development in the East China Sea and the Aegean Recognition of the prima facie validity of competing claims Political will Determining the zone of cooperation A joint development zone in the Aegean? Choice of legal framework applicable to the joint development zone: options Single state model Joint authority model Preferable approach: ‘divide and manage’ Institutional set-up Key objectives of the joint commission Orderly and timely exploration and exploitation of petroleum Prevent or mitigate conflicts between petroleum activities and other marine uses Protection and preservation of the marine environment Chapter 8: Conclusion Index