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4 - The Uneven Preservation of Reallocated Private Rights on Land and at Sea

Published online by Cambridge University Press:  15 June 2021

Marianthi Pappa
Marianthi Pappa
Affiliation:
University of Nottingham
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Summary

This chapter investigates the way in which international law treats reallocated private rights post delimitation. In doing so, it examines the various mechanisms which are available in international law for the accommodation of such rights on land and at sea, respectively. Firstly, the study compares the conventional mechanisms which are employed by states. Next, it compares the mechanisms which are employed in delimitation case law. A synthesis of the findings reached shows that the accommodation of reallocated private rights is more systematic and effective on land than in the ocean. This demonstrates that reallocated private rights have a greater chance of surviving on land than at sea.

Keywords

preservation of private rightsdischarge of private rightscontract frustrationacquired rightsgrandfather clausefrontier traffic agreementmineral clausebest effort clausejoint development agreementunitizationstate cooperationjudicial protection of private rightscustomprecedent
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Chapter
Information
Non-State Actors' Rights in Maritime Delimitation
Lessons from Land
 , pp. 96 - 135
Publisher: Cambridge University Press
Print publication year: 2021

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