Maritime Boundary

408 Pages·1985·38.577 MB·English

by  S. P. Jagota

MARITIME BOUNDARY
S.P. Jagota - 978-90-04-47822-0
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Publications on Ocean Development
Volume 9
A series of studies on the international, legal, institutional and
policy aspects of ocean development
General editor: Shigeru Oda
1. Anand, R.P.: Legal regime of the seabed and the developing countries. ISBN 90-286-0616-5
2. Papadakis, N.: The international legal regime of artificial islands. ISBN 90-286-0127-9
3. Oda, S.: The law of the sea in our time I - New developments, 1966-1975. ISBN 90-286-0277-1
4. Oda, S.: The law of the sea in our time II - The United Nations Seabed Committee, 1968-1973.
ISBN 90-286-0287-9
5. Okidi, C.O.: Regional control of ocean pollution: legal and institutional problems and prospects.
ISBN 90-286-0367-0
6. Rembe, N.S.: Africa and the international law of the sea: a study of the contribution of the African
states to the Third United Nations Conference on the Law of the Sea. ISBN 90-286-0639-4
7. Anand, R.P.: Origin and development of the law of the sea: history of international law revisited.
ISBN 90-247-2617-4
8. Post, A.M.: Deepsea mining and the law of the sea. ISBN 90-247-3049-x
9. Jagota, S.P.: Maritime boundary. ISBN 90-247-3133-X
S.P. Jagota - 978-90-04-47822-0
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Maritime Boundary
S.P. JAGOTA
1985 MARTIN US NIJHOFF PUBLISHERS ,"
a member of the KLUWER ACADEMIC PUBLISHERS GROUP •
DORDRECHT / BOSTON / LANCASTER ~
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Distributors
for the United States and Canada: Kluwer Academic Publishers, 190 Old Derby
Street, Hingham, MA 02043, USA
for the UK and Ireland: Kluwer Academic Publishers, MTP Press Limited,
Falcon House, Queen Square, Lancaster LAI lRN, UK
for all other countries: Kluwer Academic Publishers Group, Distribution Center,
P.O. Box 322, 3300 AH Dordrecht, The Netherlands
Library of Congress Cataloging in Publication Data
Jagota, S. P.
Maritime boundary.
(Bublications on ocean development ; v. 9)
Bibliography: p.
1. Economic zones (Maritime law) 2. Territorial
waters. I. Title. II. Series.
JX4131.J34 1985 341.4'48 85-3040
ISBN 90-247-3133-X
ISBN 90-247-3133-X (this volume)
ISBN 90-247-2616-6 (series)
Copyright
© 1985 by Martinus Nijhoff Publishers, Dordrecht.
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted in any form or by any means, mechanical,
photocopying, recording, or otherwise, without the prior written permission of
the publishers,
Martinus Nijhoff Publishers, P.O. Box 163, 3300 AD Dordrecht,
The Netherlands.
PRINTED IN THE NETHERLANDS
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To my parents
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Preface and acknowledgements
This study on maritime boundary is an updated and more comprehensive ver
sion of the lectures delivered by the author at The Hague Academy of Interna
tional Law, The Hague, in August 1981. It deals with the outer limits of mari
time zones, as well as with the delimitation of maritime zones between States
with opposite or adjacent coasts. The latter aspect has been covered more com
prehensively, with emphasis on three areas, namely (a) State practice reflected
in treaties and agreements concluded between States, (b) judicial, arbitral and
other decisions, and (c) developments at the Third United Nations Conference
on the Law of the Sea (1973 -1982), leading to the adoption of the United Na
tions Convention on the Law of the Sea, 1982.
The period of time covered in this study is between 1945 and 1983. Only the
concluded agreements and the decided cases have been covered. Thus the agree
ments still under negotiation, or the cases pending in the International Court
of Justice or in other forums have not been covered.
The developments in the three segments covered in this study have been diver
gent, and yet coordination may emerge in current and forthcoming State prac
tice and in judicial and other decisions, as shown in Part Five of this study, Con
clusions.
The author is grateful to The Hague Academy of International Law for permis
sion to publish this study, as well as to the Government of India, Ministry of
External Affairs, with whom he had the honour to work from 1963 to 1983,
and from where he retired as Additional Secretary and Legal Adviser in Sep
tember 1983. The basic research work for this study was completed in India.
The concluding work was done at Dalhousie University, Halifax, N.S., Cana
da, with the library and research facilities made available by the Dalhousie Law
School Library and the Dalhousie Ocean Studies Programme, to whom the
author is grateful. The author has also benefited from the numerous studies
which have been made of different aspects of the subject-matter covered in this
study by many scholars, as well as from the basic documents collected and anal-
VII
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ysed by their authors. He acknowledges his debt to these scholars and their
studies, as well as to these facilities. The responsibility for the views expressed
in this study remains that of the author alone.
It is hoped that the study will be found useful by those who may need to look
into these developments in the law on delimitation of maritime boundaries as
a whole, particularly by government officials and scholars and students of in
ternationallaw.
S.P. JAGOTA
April 7, 1984
VIII
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Contents
Preface and acknowledgements VII
List of charts XVII
Abbreviations XIX
PART ONE: SCOPE, LIMITS OF MARITIME ZONES,
TECHNICAL ASPECTS
1. Introduction 3
Scope 3
Background 4
2. Outer limits of maritime zones 11
A. Pre-1949 position 11
B. International Law Commission: 1949 -1956 12
C. The 1958 Conference and the Geneva Conventions 20
- The 1958 Geneva Conventions 23
- The Second United Nations Conference on the Law of the
Sea, 1960 25
D. The Third United Nations Conference on the Law of the Sea
(UNCLOS): 1973 - 1982 27
E. The 1982 Convention and the outer limits of maritime zones 29
(1) Territorial sea 29
(2) Baselines 30
- Normal baselines and related provisions 31
- Bays 31
- Straight baselines 32
- Archipelagic baselines 33
- Importance of baselines 34
IX
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(3) Contiguous zone 35
(4) Exclusive economic zone 35
(5) Continental shelf 36
(6) Islands 42
Summing up 42
3.. Delimitation between States with opposite or adjacent coasts 49
A. Pre-International Law Commission 49
B. International Law Commission: 1949-1956 50
C. The 1958 Conference and the Geneva Conventions 55
D. UNCLOS and the 1982 Convention 57
4. Technical aspects 59
- Scale of charts 61
- Chart projection 62
- Nature of lines 62
- Geodetic datum and spheroid 63
- Literature 66
PART TWO. TREATIES AND AGREEMENTS 67
5. Introduction 69
6. Asian Agreements 75
A. The Gulf 75
B. India and the neighbouring States 79
C. Southeast Asia 83
- The Gulf of Thailand 84
- Agreement between Burma and Thailand 86
D. Other Agreements 87
- Japan and the Republic of Korea 87
E. Inter-regional Agreements 88
- Agreement between Sudan and Saudi Arabia 88
- Agreements between Indonesia, Papua New Guinea and
Australia 89
- Agreements in the South Pacific 93
7. African Agreements 97
x
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