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7 - Geomorphological and Geological Circumstances

from Part II - Delimitation Methodology for the Continental Shelf beyond 200 Nautical Miles

Published online by Cambridge University Press:  08 October 2021

Xuexia Liao
Affiliation:
Peking University, Beijing
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Summary

Maritime delimitation excludes relevance of geomorphology or geology from the delimitation process in the continental shelf and the EEZ delimitation within 200 nautical miles. Whether geomorphological or geological factors will re-emerge in the delimitation of the continental shelf beyond 200 nm is thus a topic of continuing interest and perplexity. This chapter examines this issue from three perspectives: first, the relationship between the basis of entitlement and the delimitation method; second, "the most natural prolongation" argument in the delimitation of the continental shelf beyond 200 nm; and third, geomorphological and geological factors as a relevant circumstance. After reviewing the relevant hypotheses, jurisprudence, and State practice, it concludes that geomorphological and geological factors are unlikely to be taken into account by the judiciary to in the drawing of the maritime boundary in the delimitation of the continental shelf beyond 200 nm.

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The Continental Shelf Delimitation Beyond 200 Nautical Miles
Towards A Common Approach to Maritime Boundary-Making
, pp. 227 - 267
Publisher: Cambridge University Press
Print publication year: 2021

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