Mô tả
Prof. Robert G. Volterra, Partner of Volterra Fietta (Law Firm), UK
UNCLOS envisages that the delimitation of maritime boundaries will be the result of, first and foremost, agreement and, if not, then by third party dispute resolution. In the interim period before States have reached agreement on the delimitation of their maritime boundaries (or where their determination by a tribunal is pending), States are under an obligation to exercise self-restraint and to try to cooperate in relation to the disputed maritime area. To this end, Articles 74(3) and 83(3) represent a compromise between promoting hydrocarbon exploitation activities in a disputed maritime area and preventing unilateral activities there pending its delimitation. They set out legal rules of conduct that are compulsory and directive. Self-restraint and cooperation are critical components of an inter-State normative framework for stability and security. This presentation considers the meaning and scope of those obligations.
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