Enduring Challenges and Controversies

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ID: 318704
2026
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Abstract
Abstract This chapter reassesses the ‘enduring challenges’ identified in the 2016 edition against a decade of subsequent maritime delimitation jurisprudence, concluding that key controversies have intensified rather than settled and that the quest for predictable, objectively determined criteria remains elusive. Expanding beyond the original four themes, it identifies six interlocking problem areas: (i) methodology, including whether territorial sea delimitation should converge with EEZ/continental shelf practice and the emergence of a de facto ‘four-stage’ approach driven by subjective base-point selection; (ii) the uncertain treatment of islands, rocks, and low-tide elevations—whether as base points or as special/relevant circumstances—illustrated by divergent outcomes in cases such as Somalia/Kenya and Mauritius/Maldives; (iii) coastal concavity, cut-off, and encroachment, and the unresolved tension between bilateral and ‘regional’ perspectives; (iv) outer continental shelf delimitation, including grey areas, the ‘significant uncertainty’ test, and CLCS deadlock; (v) contested approaches to relevant coasts and relevant areas; and (vi) emerging fragmentation between fora, particularly the ICJ and ITLOS, in both procedure and substantive technique. The chapter closes with cautiously optimistic reflections on re-anchoring the law in transparency and consistency. methodology and three-stage approach; four-stage de facto process; base-point selection and subjectivity; islands, rocks, and low-tide elevations; concavity and cut-off; regional vs bilateral perspective; outer continental shelf and grey areas; CLCS deadlock and significant uncertainty; relevant coasts and relevant areas; ICJ–ITLOS fragmentation
Reference Key
openalex_W7165916285 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/9780192883414.003.0033
URL
https://doi.org/10.1093/law/9780192883414.003.0033
Keywords Keywords not found

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