Browsing by Subject "Maritime delimitation"

Now showing 1 - 3 of 3

Open Access
The challenges facing Eastern Mediterranean gas and how international law can help overcome them
(Taylor and Francis, 2021) Stanič, A.; Karbuz, Sohbet
Enormous natural gas reserves in the Eastern Mediterranean have attracted the attention of the international energy majors. The region, however, remains one of the most under-explored and -exploited regions in the world. Numerous technical, commercial, legal and political challenges need to be overcome for these resources to be exploited and exported. This article examines the key commercial and legal challenges the region faces, and proposes possible ways to overcome these challenges by discussing the international law on the delimitation of maritime boundaries and the customary international law obligations of states in the region to resolve delimitation disputes peacefully, to make every effort to enter into provisional arrangements of a practical nature pending agreement on final delimitation and to refrain from unilaterally exploiting natural resources in disputed maritime zones
Open Access
Key challenges facing the Eastern Mediterranean: the future of regional energy development
(Siyaset Ekonomi ve Toplum Arastirmalari Vakfi, 2021) Karbuz, Sohbet
This article provides a critical overview of the key commercial, technical, legal, and political challenges the Eastern Mediterranean region faces in regard to the development of its natural gas resources and proposes possible ways to overcome them. To that aim, it first gives an up-to-date overview of the upstream developments in the region. It then discusses the challenges facing the monetization of the gas discoveries by looking at both the commercial challenges hampering exploration and field development and the technical challenges involved in exporting the gas to the immediate and distant markets. While examining the legal and political challenges related to maritime delimitation and political alignments, it highlights the role of gas. Finally, it offers some possible ways to overcome those challenges.
Open Access
The principle of proportionality in modern ius gentium
(Ubiquity Press Ltd., 2021-02-23) Uçaryılmaz, Talya
The principle of proportionality refers to the criteria for fair and optimal balancing of interests. It is widely applied to international disputes and has gained institutional and scholarly acceptance in the field of international law. This paper aims to explore the longue durée of the principle, drawing on an interdisciplinary perspective on international law. It affirms the traditional role of proportionality in international legal sphere and values its familiar role in introducing flexibility in law, remaining close to its conventional interpretation. However, the paper also questions its contemporary ethos, as it is based historically on its relation to equity. To this end, it examines the historical roots of the principle as part of the early modern law of nations, as well as how such a general principle should be seen as applicable to private relationships. The aim is therefore to re-think the principle of proportionality in modern ius gentium as based on how public and private law principles need to be interpreted relative to each other and continue to be shaped continuously as an extension of their shared history. It is in this sense that we can examine the need for equity in the international sphere, which will be demonstrated concretely for three distinct areas where proportionality predominates: the law of war, the law of maritime delimitation and international human rights law.