Search or add a thesis

Advanced Search (Beta)
Home > The Straight Baselines in International Maritime Law: Impact on Continental Shelf and Exclusive Economic Zone

The Straight Baselines in International Maritime Law: Impact on Continental Shelf and Exclusive Economic Zone

Thesis Info

Access Option

External Link

Author

Gardezi, Mahmood Akhter Hussain

Program

PhD

Institute

National Defence University

City

Islamabad

Province

Islamabad

Country

Pakistan

Thesis Completing Year

2016

Thesis Completion Status

Completed

Subject

Education

Language

English

Link

http://prr.hec.gov.pk/jspui/bitstream/123456789/2865/1/PhD%20Thesis_Captain%20Gardezi.pdf

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676725139280

Similar


The baselines being linchpin of various maritime zones (internal waters, territorial sea, contiguous zone, Exclusive Economic Zone (EEZ) and continental shelf) are crucial in shaping maritime claims. Different types of baselines, depending on coastal configurations of states, are starting point for measuring maritime zones as well as controversies between the states. Straight baseline system legitimized during 1951 Anglo-Norwegian Fisheries case between Norway and UK was only meant for irregular coastal configurations. The 1958 Convention on the Territorial Sea and Contiguous Zone (hereafter TSC) embodied the judgment into a codified article. TSC provision on straight baselines transformed almost verbatim into United Nations Convention on Law of the Sea, 1982 (hereafter UNCLOS). Vague parameters of straight baselines, devoid of precision, leave much room for liberal interpretations and flexible application. Vagueness of straight baseline terms is the main cause for excessive lines having enormous impacts on various sea regimes, brewing conflicts on international maritime arena. The means of interpretation for treaty terms like ordinary meaning; object and purpose, preparatory works and state practice are unhelpful due to compromising nature of UNCLOS and scarcity of its official record. Excessive baseline claims kindle varying degree of conflicts on regimes of sea. study addresses; whether vagueness leads to excessive straight baseline claims. The Do excessive straight baselines affect the regimes of various maritime zones? How can vagueness and inadequacies prevailing in straight baselines provision be addressed in interpretation and application? The great impact of unfounded straight baselines on EEZ and Continental shelf because of interfacing of these zones with international community rights has been investigated. Different factors behind employing excessive straight baselines by the coastal states leading to controversies and instability in the oceans have been discussed. Vagueness undoubtedly exists in terms and conditions on straight baselines with divergent state practice. The study concludes that terms and phrases in Article 7 of UNCLOS are vague, unclear, non- objective and imprecise. To avoid isolated individual or regional state practices, an international pragmatic approach is needed for uniformity of straight baseline principles. A structured oceanic legal order on the pattern of Commission on the Limits of Continental Shelf (CLCS) with a watchdog capacity is need of day to monitor the coastal state claims based on straight baselines. UN Division of the Ocean Affairs and Law of the Sea are considered most apposite forum to patron such initiative.
Loading...
Loading...

Similar Books

Loading...

Similar Chapters

Loading...

Similar News

Loading...

Similar Articles

Loading...

Similar Article Headings

Loading...

۲۳۔ گلِ امید

گلِ امید

 الفاظ کے نشتر میری سماعتوں کو چیرتے ہوئے

میرے دل میں پیوست ہو رہے تھے

یوں لگ رہا تھا جیسے

میرے احساسات کسی راہِ پُر خار سے گزر رہے ہوں 

میری تھر تھراتی ہوئی زبان کچھ بھی کہنے سے قاصر تھی

نجانے کتنے ہی جملے زباں کی نوک تک آتے آتے دم توڑ گئے

میں حواس باختہ یوں بیٹھا تھا

جیسے کوئی بہرا…صدائوں سے بہت دور

 خیالات نے ہر چیز کو ’’لا‘‘ کے پیمانے پر رکھ دیا تھا

ماحولیاتی و موسمیاتی تغیرات سے متعلق عوامی ذمہ داریاں اور آگہی ( سیرت النبیﷺ کی روشنی میں) Public Responsibilities and Awareness Regarding the Environmental and Climate Changes (In the light of the Prophet's life)

Allah has made the man as his caliph on earth and created the natural resources of the universe for the sake of human beings. Due to advancement of industrialization the natural resources and environment have been threatened while the environmental pollution has become an international challenge in modern times. Some of the guiding principles mentioned in the Sirat-un-Nabiﷺ are helpful in basic guidance of humanity, such as the prohibition of extravagance and oppression, the gratitude for divine blessings, the observance of the rights of worship, and so on. However, there are certain rules and decrees that provide specific guidelines for the protection and proper use of certain natural resources, such as water, trees, agriculture, forests, wind, etc. That some of them have been ordered to perform their duties, Such as the commands to plant trees, to keep water clean, to cultivate, to raise animals and to be gentle with them, etc. Such as prohibitions of cutting down trees unnecessarily, of polluting water, of spoiling fields, and the prohibition of cruelty to animals, etc. In this study, these demands have been explained in some detail in the light of Quran and Hadiths. Key Words: Environment, Pollution, Responsibilities, Sirat -un-Nabiﷺ

Pakistan Counterinsurgency Doctrine and Practice in Swat 2007-2015

The insurgency in Swat (2007 onwards) tested the ideological will of Pakistan and took a heavy toll of human life, both of civilian population and law enforcement personnel alike. The ranging course of hard way to peace in Swat is seen as natural consequence of the state’s failure in the form of bad governance, worsening social justice and deteriorating rule of law. The inability of government to devise a suitable legislation according to the needs of people led to the legal vacuum that was effectively exploited by reactionary forces. After the USSR’s eviction from Afghanistan, the Jihadists under Sufi Mohammad turned their attention towards Shariatization of Pakistan’s Swat region. In order to address the grievances of the people, the Nizam-e-Adl Regulations was imposed in 1994 and then, with some amendments, in 1999 but it failed being cosmetic in nature. The study attempts to explore the rise of insurgency in Swat in post 9/11 and Pakistan Counterinsurgency campaign which included both the kinetic operations (military approach) and non-kinetic operations (peace agreements, psychological and de-radicalization operations). The outcomes of this thesis reveal that Sharia’s cause may not have been a main driver of conflict in Swat, but the underdeveloped and outlandish judicial system and ineffective governance certainly led to the rise of Sufi Mohammad and Fazlullah as political force in the region. Taking advantage of the situation, the lower class such as peasants and tenants being socially and economically deprived joined the insurgency. Moreover, the peace agreements of 2007 and 2008 brought forth detrimental consequences, nonetheless, the 2009 peace deal in the form of Nizam-e-Adl Regulations was meaningful in nature, since it exposed the true face of militants before the people that their demand for Sharia enforcement was just an excuse to gain power. As far Pakistan Army was concerned, it was more inclined to remain a conventional Army capable of meeting any threat from India rather than to be seen as a counterinsurgency force. Military operations such as Rah-e-Haq I, II and III which were conducted from 2007 until 2009 failed due to various factors such as President Musharraf’s double standards, weak internal security policies, feeble political will, General Kayani’s indecisive military approach and lack of military training for Counterinsurgency operations. From tactical perspective, the major shortcoming of Rah-e-Haq I, II, III was military’s inability to launch successful ground operation inside Peochar valley. The findings of this thesis suggest that post April 2009 era, Pakistan military transformed its strategic culture from conventional into Counterinsurgency warfare as evident from various indicators: Massive training for guerilla operations, small mobile units operating within the population centers; settlement of the millions of displaced population, mobilization of community security through village defense committees, Lashkar and Aman committees. Over and above, Pakistan Military conducted the most challenging non-kinetic aspects of counterinsurgency; the de-radicalization. In Swat, Sabaoon is first de-radicalization center in the world for the children who had been plagued with extremists’ ideology, including those who were trained to become suicide bombers. In a nutshell, the research deconstructs Pakistan’s approach of countering the insurgency by probing both its military response as well as civilian response in the broader framework of integrated counterinsurgency approach.