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Equitable Principles of Maritime Boundary Delimitation
The Quest for Distributive Justice in International Law


  • Date Published: April 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107080171

£ 125.00

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About the Authors
  • Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.

    • Proposes a new view on the role of equity in international law and maritime boundary delimitation in particular
    • Offers an account of the evolution of law and jurisprudence of maritime boundary delimitation and the changing role of equity in international law
    • Includes a detailed comparative analysis of the case law from 1969 to 2014
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    Product details

    • Date Published: April 2015
    • format: Hardback
    • isbn: 9781107080171
    • length: 836 pages
    • dimensions: 229 x 152 x 44 mm
    • weight: 1.28kg
    • contains: 25 maps
    • availability: Available
  • Table of Contents

    Equity revisited: an introduction
    Part I. Context: The Enclosure of the Seas:
    1. The silent revolution
    2. The new maritime zones: evolution and legal foundations
    3. Distributive effects of the enclosure movement: an assessment of global equity
    Part II. The New Boundaries:
    4. Approaches to delimitation
    5. State practice
    6. Judicial and conciliatory settlements
    7. An assessment of customary law
    Part III. Delimitation Based on Equity:
    8. The rule of equity
    9. Conceptual issues and the context of equity
    10. Justiciable standards of equity
    11. The methodology of judicial boundary delimitation
    12. The role of equity in negotiations.

  • Author

    Thomas Cottier, Universität Bern, Switzerland
    Thomas Cottier is Full Professor of European and International Economic Law at the University of Bern, Switzerland, and the Managing Director of the World Trade Institute. Much of his professional work has been dedicated to international economic law, in particular international trade regulation, working in the field both as an academic and a negotiator and chair and member of WTO panels.

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