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Bangladeş – Myanmar deniz alanlarının sınırlandırılması davası ışığında Uluslararası Deniz Hukuku Mahkemesi’nin kuruluşuna ilişkin bir değerlendirme
2015
Journal:  
Ankara Üniversitesi Hukuk Fakültesi Dergisi
Author:  
Abstract:

International Tribunal for the Law of the Sea, established by 1982 United Nations Convention on the Law of the Sea, appeares before us as a new international judicial institution which specialises on the law of the sea. Considering the fact that almost one quarter of the cases of International Court Justice are on the law of the sea, establishment of a new judicial institution specialises on the law of the sea has importance on workload of the Court. However, establishment of the Tribunal, in the face of specialisation need caused by workload, has brought along negative criticism on the Tribunal, too. Aforementioned negative criticisms are generally focused on fragmentation of international law, differentiation of jurisprudence and conflict on jurisdiction of different international judicial institutions. Hence, since the establishment of the Tribunal, handling with orders on the prompt release of vessels and crews and provisional measures are caused the Tribunal to be called insufficient. As for BangladeshMyanmar Maritime Delimitation Judgment rendered by the Tribunal in 2012, being different from former activities of it, is the first judgment of the Tribunal on the maritime delimitation. The aim of the study is to examine discussions on the Tribunal via considering the aforementioned judgment, delimitation methodology of the judgment and reasoning on the delimitation of the Tribunal in detail

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Ankara Üniversitesi Hukuk Fakültesi Dergisi

Field :   Hukuk

Journal Type :   Ulusal

Metrics
Article : 860
Cite : 5.654
2023 Impact : 0.137
Ankara Üniversitesi Hukuk Fakültesi Dergisi