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Clicks: 3
ID: 318675
2026
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Abstract
Abstract This first chapter provides a comprehensive analysis of the development of the modern international law of maritime boundary delimitation. It traces the evolution of maritime claims from classical theorists such as Grotius and Selden to contemporary jurisprudence, exploring how overlapping maritime entitlements between States are resolved. The chapter examines the roles of treaties, custom, and judicial decisions in shaping the law, particularly under UNCLOS Articles 15, 74, and 83. Emphasis is placed on the principle that ‘the land dominates the sea’, the sovereign equality of States, and the significance of geographical configuration in delimitation. It also addresses the impact of climate change on baselines and boundaries, and the status of islands, rocks, and low-tide elevations in generating maritime zones. Ultimately, it highlights the dominant role of courts and tribunals in transforming a skeletal legal framework into a robust acquis judiciaire governing maritime boundaries.
Reference Key
openalex_W7165839398 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Stephen Fietta, Robin Cleverly
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780192883414.003.0001
URL
https://doi.org/10.1093/law/9780192883414.003.0001
Keywords Keywords not found

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