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On International Arbitrations for the Settlement of Boundary Maritime Delimitation Disputes and Disputes from Joint Development Agreements for the Exploitation of Offshore Natural Resources

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image of The International Journal of Marine and Coastal Law

The availability of technology for the exploitation of resources originating from the sea bed, as well as the need to define the boundaries of national jurisdiction, has resulted in an increase in coastal states’ claims over adjacent maritime areas. The primary mechanism used for the resolution of issues concerning disputed maritime boundary delimitation areas is negotiation; nevertheless, alternative resolution mechanisms, i.e., litigation in state court and arbitration, are at times also chosen for the resolution of such disputes. This article critically discusses the procedure of international arbitration for the settlement of maritime boundary delimitation disputes and disputes arising from joint development agreements for the exploitation of offshore natural resources. It is shown that in the resolution of such disputes, arbitration offers even more advantages than litigation in state court; e.g., it offers a relatively higher degree of control over the composition and control of the arbitral tribunal, a relatively shorter and quicker duration of the proceedings and, not least, closed and private proceedings.

Affiliations: 1: Alexander von Humboldt Research Fellow, Max Planck Institute for Comparative and Private International Law, Hamburg, Germany Faculty of Law, University of Hamburg Germany

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/content/journals/10.1163/092735210x12589554057569
2010-02-01
2016-12-06

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