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This is the first part of a two-part article surveying state practice regarding Disputed and Unresolved Maritime Boundary Delimitations or Other Land or Maritime Disputes under the Commission on the Limits of the Continental Shelf (CLCS) Rules. It reviews basic principles and the interpretation of the 1982 UN Law of the Sea Convention and the CLCS Rules. As the 2006 Annex VII Barbados/Trinidad and Tobago Award and the 2012 ITLOS Bangladesh v. Myanmar Judgment reaffirmed, the CLCS Recommendations must in no way prejudice existing and prospective boundary delimitations, nor must they prejudice other land or maritime disputes. All practical means of giving effect to such "without prejudice" principles are carefully analysed. The present Part covers Latin America and the Wider Caribbean, Northeast and Southeast Asia, and the South Pacific. Part Two will cover South Asia and the Middle East, East Africa--Indian Ocean, South Africa, West Africa and North Africa. [ABSTRACT FROM AUTHOR]

This article provides a comprehensive analysis of the unanimous 2006 Award of the Five-Member Tribunal established under Annex VII of the 1982 Law of the Sea Convention (LOSC) by Barbados and Trinidad and Tobago regarding the delimitation of their fish and oil-rich Exclusive Economic Zones (EEZ) and Continental Shelves (CS). It surveys the procedural significance of several unprecedented pronouncements made by the Arbitral Tribunal with respect to Articles 281–283 LOSC and their relationship to LOSC Articles 74 and 83, which allowed the Tribunal to uphold its compulsory jurisdiction over the delimitation of the EEZ/CS up to 200 nautical miles and of the outer CS beyond this limit. The article commences with the Tribunal's appraisal of the modern law and process of equitable maritime boundary delimitation, followed by its application of that law consistently with the vast jurisprudence of the International Court of Justice and previous arbitral tribunals. In a two-stage process, the Tribunal drew a provisional, single equidistant boundary line and then considered whether that line needed to be adjusted in view of special circumstances and the proportionality test for an equitable result. This process is traced against the background of the factual and legal contentions disputed by the parties in the Western and Eastern sectors. The Tribunal also provided an important incentive for resolution of the associated fisheries dispute by calling upon the parties to conclude, pursuant to LOSC Article 63, a new agreement on Barbados's access to flying fish stocks in Trinidad's EEZ. [ABSTRACT FROM AUTHOR]

Focuses on the Southern Bluefin Tuna case, which arose out of a dispute under the trilateral Convention for the Conservation of Southern Bluefin Tuna between Australia and New Zealand, on one hand, and Japan, on the other. Arbitration of the case; Jurisdictional effect of different settlement provisions in related treaties; Relationship with the United Nations Convention on the Law of the Sea.

Presents decision of the International Tribunal for the Law of the Sea on the cases of New Zealand versus Japan and Australia versus Japan. Disagreement between countries regarding limit of southern bluefin tuna; Details and proceedings of the cases; Violation of agreements in Convention for the Conservation of Southern Bluefin Tuna.

Considers the contribution of the International Court of Justice (ICJ) to the development of the law of the sea and environmental law. Role and jurisprudence of the ICJ; Participation of the International Tribunal for the Law of the Sea (ITLOS); Proliferation of judicial bodies; Relationship between the ICJ and the ITLOS.

Discusses the award of the Arbital Tribunal in the first stage of the Eritrea/Yemen proceedings. Details of the award, the Eritrea/Yemen Territorial Sovereignty and Scope of the Dispute; Hostilities between the countries; Membership of the Tribunal; Reasoning of the Tribunal for the award; Importance of this award.

Highlights the contributions of the International Court of Justice on the law of the sea and the law of the United Nations. Application of doctrine of equitable principles on maritime delimitation; Regard for equity infra legem; Provisional boundary line between Denmark and Norway.