Zhang and Chen, The 2022 ICJ Judgment in Nicaragua v. Colombia: Towards a Theory of Exclusivity in Allocating Rights and Jurisdiction between the Coastal and Other States?, https://www.bigghgg.cn/p/zhangandchen.html


The 2022 ICJ Judgment in Nicaragua v. Colombia: Towards a Theory of Exclusivity in Allocating Rights and Jurisdiction between the Coastal and Other States?


Xinjun Zhang, Xidi Chen

Chinese Journal of International Law, Volume 23, Issue 2, June 2024, Pages 223–262, https://doi.org/10.1093/chinesejil/jmae019


Abstract

In Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), the International Court of Justice delves into the matter of exclusivity when assessing alleged violations committed by foreign States within an Exclusive Economic Zone. Additionally, the Court examines the legality of legislative acts concerning the contiguous zone and outlines criteria for the drawing of straight baselines. The Court’s aim seems to be establishing a comprehensive theory of exclusivity, seeking to allocate and balance the rights and jurisdiction of coastal States and other States involved. In this context, it becomes apparent that the abstract notion of freedom of navigation imposes limitations on coastal States, preventing them from enacting legislation that expands the scope of their jurisdiction or adopts a liberal interpretation of permissible conditions within relevant regulatory frameworks. The implications of this theory for the evolution of the legal order pertaining to maritime spaces warrant significant attention.


full text: https://doi.org/10.1093/chinesejil/jmae019

Chinese Society of International Law, in association with Chinese Institute of International Law at China Foreign Affairs University, and National Center for Foreign-related Rule of Law Research at China Foreign Affairs University
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