1st Edition
Law of the Sea and Maritime Delimitation State Practice and Case Law in Latin America and the Caribbean
The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation.
Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea. It discusses the law of maritime delimitation and, through jurisprudence, the development of the three-stage methodology to describe and explain maritime delimitation agreements in Latin America and the Caribbean according to the method or methods of delimitation employed. It reviews maritime boundaries in Latin America and the Caribbean that were submitted to third-party adjudication as well as provisional arrangements, considering the role of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation.
With a renewed focus on maritime delimitation, and increasing litigation focused on Latin America and the Caribbean, the book will be of interest to students, academics and practitioners in the fields of international law, law of the sea, and State practice.
Foreword
Acknowledgements
List of Abbreviations
Glossary
Introduction
PART I
Maritime Jurisdiction in Latin America and the Caribbean Throughout the Years
1 Geographical Scope
2 Maritime Jurisdiction Prior to Independence
3 Evolution of Maritime Delimitation
4 Latin America and the Caribbean and the Law of the Sea
5 Law of Maritime Delimitation Through Case Law
6 Trends in Maritime Boundary Delimitation
PART II
Impact of State Practice and Case Law
7 Maritime Boundaries in Latin America and the Caribbean
8 Case Law in Latin America and the Caribbean
9 Unresolved Maritime Boundaries
10 Impact of State Practice on the Law of Maritime Delimitation
General Conclusion
Sources
Index
Biography
Angel V. Horna is a lawyer and career diplomat. He is currently Counsellor at the Permanent Mission of Peru to the International Organizations in Geneva. Prior to that, he was an Adviser to the Cabinet of Peru’s Foreign Minister. He was also the Legal Adviser of the Permanent Mission of Peru to the United Nations in New York (2014–2019), including during Peru’s last term on the UN Security Council (2018–2019). He was also the Vice-Chair of the Sixth Committee of the General Assembly in the 72nd session. He worked at the Peruvian Advisory Office for the Law of the Sea, during which time he took part in the preparation of Peru’s participation in the oral proceedings of the Maritime Dispute (Peru v. Chile) before the International Court of Justice. He was also part of the first training programme on dispute settlement established by the International Tribunal for the Law of the Sea.
He attained a PhD in international law at the Graduate Institute of International and Development Studies (IHEID) in Switzerland, trained for a senior civil service career at École nationale d’administration (ENA) in France, and earned a summa cum laude law degree from the University of Lima (UL) in Peru. He has held teaching positions at the University of Lima, the Peruvian University of Applied Sciences, and the University of San Ignacio de Loyola.
