The UNCLOS ensures a peaceful delimitation process of the overlapping Exclusive Economic Zones (EEZ) and Continental Shelves (CS) throughout the provisions of articles 74 and 83. However, such a process presents several limits considering that marine spaces and habitats management is not per se easily settled in the State logic of delimitation. Thus, the delimitation process may fail, to some extent, to reconcile the legal fictio of marine delimitation, carried out in the coastal states’ interests, with the practical needs of human communities whose livelihood depends on the utilization of marine spaces and its resources. In this context, the rise of increasingly urgent needs for the protection of the several national, individual and collective interests implied in every delimitation process and the demand for greater participation from the human communities located in coastal areas, open questions about the effectiveness of the current delimitation regulatory framework as established by international law.
In this context, the rise of increasingly urgent needs for the protection of the several national, individual and collective interests implied in every delimitation process and the demand for greater participation from the human communities located in coastal areas, open questions about the effectiveness of the current delimitation regulatory framework as established by international law.
According to the international jurisprudence and State practice, the current delimitation regulatory framework tends toward setting up strict and neutral criteria in order to reduce conflicts and to ensure an impartial management of the matter as much as possible. However, this trend does not seem to always get the expected results, since the delimitation process remains rather discretionary and variable case by case. Therefore, this cannot completely avoid the risk of subsequent conflicts between the States concerned. The main aim of the Workshop is to analyse the current delimitation regulatory framework and to verify its compatibility and sustainability with the relevant economic, environmental and geostrategic interests.. |
Dr. Andreone, Gemma |
Senior researcher at the Institute for International Legal Studies of the Italian National Research Council (ISGI-CNR) and she has been teaching as adjunct Professor of International Law at the University of Naples “L’Orientale” since November 2001. She is member of the Scientific Board of the Institut du Droit Economique de la Mer (INDEMER). Currently she is Chair of the COST ACTION IS 1105 “MARSAFENET” – NETwork of experts on the legal aspects of MARitime SAFEty and security (www.marsafenet.org). Contact: [email protected]
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Dr. Gutiérrez Castillo, Victor Luis |
Lecturer and Coordinator of the Department of International Public Law at University of Jaen, Spain (www.ujaen.es). Director of the Observatory of Globalization at University of Jaen and Vice President at International Andalusian University, Spain (www.unia.es). He is also member of the Scientific Board of the Institut du Droit Economique de la Mer (INDEMER) and researcher of the COST ACTION IS 1105 “MARSAFENET”, – NETwork of experts on the legal aspects of MARitime SAFEty and security (www.marsafenet.org). Contact: [email protected].
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