000			02426nam a2200229Ia 4500
003			RRU
005			20231003121838.0
008			210901s2019 ||||||||| ||||||| 0|eng|d
020			_a9781138343320 _cRs. 4675.00
040			_aRRU _beng
041			_aEng.
082			_a341.448091641 _bFAU
100			_91759 _aFaundez, Julio
245		4	_aThe International Court of Justice and Maritime Disputes: The Case of Chile and Peru _cJulio Faundez
260			_bRoutledge _c2019 _aNew York
300			_a xiv, 109 p. _b; 23 cm.
520			_aThe origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.
650		0	_aInternational Court of Justice _91760
650		0	_aMaritime boundaries _91761
650		0	_aTreaties--Interpretation and construction _91762
942			_2ddc _cBK
999			_c5045 _d5045