Abstrak

Kembali

This article reviews the law applicable to boundary determinations and observes that this legal framework does not provide sufficient guidance for parties involved in development of subsoil or subsea resources that may straddle an undefined or contested boundary. Examples of how states and private parties have attempted to cope with this uncertainty are discussed. The authors propose that a duty of good faith applies to prevent the existence of legal uncertainty in such situations from being exploited to prohibit resource exploration. They finally discuss briefly how some parties seek to address these risks contractually