Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
1202 9 |
Ultima descărcare din IBN: 2023-12-03 15:59 |
SM ISO690:2012 ТИМЧЕНКО, Леонид, КОНОНЕНКО, Валерий. Правовые позиции международного суда ООН
по делам о делимитации морских пространств
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2012, nr. 1, pp. 15-30. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 1 / 2012 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 15-30 | ||||||
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The article is devoted to research of practice of the ICJ concerning the cases on delimitation of sea spaces of littoral states. The Case Romania v. Ukraine (2009) is analyzed in detail. Also the authors give the recommendation regarding solution of the problem of defining international law status of the Caspian Sea.
The problems of delimitation of maritime spaces had become along with the adoption of the United Nations Convention on the Law of the Sea of 10 December 1982 a long-term international significance. The severity of disputes and disagreements on issues related in particular to the interpretation of the Convention in 1982, will not be diminished with the expansion of technical possibilities of the use of the World ocean resources.
The decisions of international judicial bodies on issues of maritime delimitation play a specific role in this area of international legal regulation in the field, which is increasingly referred to the law of maritime delimitation. The decisions of international courts and tribunals actively influence the process of norm-formation in international relations.
Thus, the analysis of judicial and arbitral decisions indicates that the principle of proportionality plays a decisive role in establishing of fair delimitation. But its use in conjunction with the principle of fairness in the interpretation of the International Court of Justice can result in not quite correct, in our opinion, results which, unfortunately, become precedents.
So they can not be ignored. Thus, the Court of Justice in its judgment on the Continental Shelf (Libyan Arab Jamahiriya v. Malta) from 3 June, 1985 has indicated that it „considers reasonable to not take into account the uninhabited island Filfola during the delimitation of median line between Malta and Libya, as otherwise this may lead to an undesirable disturbance of proportionality in the distribution of the line”. |
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