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Preparing For A Delimitation Case: The Practitioners View

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Chapter Summary

This chapter sets out some of the more important areas where the practitioner, working with colleagues, needs to devote his or her attention in establishing the factual matrix of the dispute and organizing the case. The purpose is not to give an exhaustive account of how the law has treated relevant circumstances in every instance, but rather to give a practical overview of the kinds of issues that a State is likely to confront, and thus needs to be prepared for, in embarking on a delimitation case. Even if the starting point for determining an equitable maritime boundary now lies in constructing a provisional equidistance or median line, the identification and proper weighting of the relevant circumstances characterizing the area in dispute remains a critical part of the delimitation process. Delimitation cases are less complex and involve a more modest amount of documentary evidence than cases of disputed sovereignty.

Keywords: delimitation case; disputed sovereignty; maritime boundary; practitioner

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