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Third States In Maritime Delimitation Cases: Too Big A Role, Too Small A Role, Or Both?

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Chapter Summary

The delimitation of maritime boundaries between neighbouring States is primarily a bilateral process. This chapter revisits the views expounded in Douglas Millar Johnston's The Theory and History of Ocean Boundary-Making on the regional context of adjudicated bilateral delimitations in the light of the developments that have taken place in the 20 years since its publication. It looks at the way in which courts and tribunals have dealt with claims of third States at the level of legal principle and the establishment of the endpoints of the maritime boundary between the parties to the proceedings. The chapter then discusses the presence of third States as a relevant circumstance and the possible implications of the reasoning of decisions for future delimitations in the same region.

Keywords: delimitation of maritime boundaries; Douglas Millar Johnston; legal principle



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