Conclusions – Taking stock and looking ahead

Publication date

2018

Authors

Oude Elferink, AlexISNI 0000000116958465
Busch, S.
Henriksen, Tore

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Supervisors

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Part of book
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Abstract

This chapter draws together the conclusions of the preceding chapters. A first section considers the general rules on delimitation contained in multilateral conventions and customary law and assesses how these rules have been provided further, specific content by the case law. It is concluded that the case law’s explanation of the central concepts of the law is not wholly satisfactory. The chapter then considers how the terms consistency and predictability should be understood, how they relate to each other, and makes an assessment of the consistency and predictability of the case law. Consistency can be said to exist at the level of defining the approach to delimitation, but in applying this approach this is less so. Predictability exists in relation to straightforward case, but assessing the outcome of complex cases remains a daunting task. Next the chapter considers the normative nature of the process of maritime boundary delimitation briefly considers how the case law on the delimitation of maritime boundaries may develop in the future. In the final analysis, it is concluded clear that research into the consistency and predictability of the case law on maritime delimitation is likely to remain relevant in the years to come.

Keywords

Taverne

Citation

Oude Elferink, A G, Busch, S & Henriksen, T 2018, Conclusions – Taking stock and looking ahead. in Maritime Boundary Delimitation: The Case Law : Is it Consistent and Predictable?., 14, Cambridge University Press, Cambridge, pp. 376-402. https://doi.org/10.1017/9781108344302.015