The role of private rights in maritime boundary delimitation: a proposal for procedural reform

Cathro, Scott Robert (2023) The role of private rights in maritime boundary delimitation: a proposal for procedural reform. LL.M(R) thesis, University of Glasgow.

Abstract

The objective of this thesis is to ultimately conclude that private rights and commercial activity should be afforded an elevated role in maritime delimitation judgments, and then propose a procedural reformation to address this.

In Chapter I, I endeavoured to establish the modern-day delimitation procedure, with an expansive discussion on the pertinent case law and applicable concepts. I will conclude that while the current formulation has the capacity to consider and implement private rights into boundary judgments, in practice this is rarely achieved.

In Chapter II, I will focus upon the treatment of private rights in maritime boundary delimitation, with an analysis of relevant jurisprudence. This will conclude that while disputes often revolve around the operation of maritime commerce, the current procedure does not reflect this in practice. International courts and tribunals strongly favour the consideration of geographic elements in altering provisionally charted boundaries, while commercial factors are often left unaddressed.

In Chapter III, justification will be provided to support an increased role for private rights in procedural delimitation. This will be achieved by examining the consequences that states, their citizens, and the wider international community can be exposed to owing to the nonconsideration of commercial operations at sea. This argument will be supported by an analysis of judicial opinion and academic rationale, to ultimately conclude that procedural development is required to address this issue.

In Chapter IV, I will propose a reformation of procedural maritime delimitation to elevate the role of private rights and commercial activity in judicial proceedings. I will conclude that the most viable solution is affording the consideration of non-geographic factors a distinct structural mechanism, and provide commentary justifying this choice.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Devaney, Dr. James
• Date of Award: 2023
• Depositing User: Theses Team
• Unique ID: glathesis:2023-83783
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 28 Aug 2023 10:18
• Last Modified: 28 Aug 2023 10:21
• Thesis DOI: 10.5525/gla.thesis.83783
• URI: https://theses.gla.ac.uk/id/eprint/83783