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The principal aim of this book is the quest for a well-balanced legal system
that reconciles predictability and flexibility in the law of maritime
delimitation. As with all types of law, the law of maritime delimitation
should possess a degree of predictability. On the other hand, as maritime
delimitation cases differ, flexible considerations of geographical and
non-geographical factors is also required in order to achieve equitable
results. How, then, is it possible to ensure predictability while taking into
account a diversity of factors in order to achieve an equitable result? This,
according to the author, is the question at the heart of the law of maritime
delimitation. The book addresses this issue in depth by looking at three
aspects of the question: first by looking at the two opposing and contrasting
approaches evident in the evolution of the law of maritime
delimitation; second, by undertaking a comparative study of the case law
and State practice; and third, by examining the theoretical problems
underlying the law of maritime delimitation.
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© Yoshifumi Tanaka 2006
Yoshifumi Tanaka has asserted his right under the Copyright, Designs and Patents
Act 1988, to be identified as the author of this work.
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British Library Cataloguing in Publication Data
Data Available
ISBN 10: 1-84113-581-X (hardback)
ISBN 13: 978-1-84113-581-6 (hardback)
Typeset by Forewords, Oxford
Printed and bound in Great Britain by
TJ International, Padstow, Cornwall
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Acknowledgements v
Preface vii
Table of Cases xxi
Table of Treaties and National Legislation xxiii
List of Abbreviations xxxvii
List of Illustrations xxxviii
Chapter I: Preliminary Considerations 1
Section I Nature of the Problem 1
A. State Practice and Opinions of Writers 19
B. Emergence of Two Prototypes 22
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A. Legal Basis of Equitable Principles 57
B. Substance of Equitable Principles 58
Section II The Anglo–French Continental Shelf Case
(France/United Kingdom, 1977) 61
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