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Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts.
Sovereign rights in Exclusive economic zones and Continental shelves are functionally limited to the economic exploitation of these zones. Moreover, in the case of disputed maritime zones these sovereign rights are neither exclusive nor necessarily constant. Nevertheless, states are still expected t...
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| Format: | Thesis |
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AUC Knowledge Fountain
2019
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| _version_ | 1867613420239454208 |
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| access_status_str | Open Access |
| author | Kassem, Hazem |
| author_browse | Kassem, Hazem |
| author_facet | Kassem, Hazem |
| author_sort | Kassem, Hazem |
| collection | Thesis |
| dc_rights_str_mv | The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known. |
| description | Sovereign rights in Exclusive economic zones and Continental shelves are functionally limited to the economic exploitation of these zones. Moreover, in the case of disputed maritime zones these sovereign rights are neither exclusive nor necessarily constant. Nevertheless, states are still expected to provide the investments established in these zones the same treatment they should provide in their territories where they exercise full and constant sovereignty. If a host state agrees to the establishment of an investment in a maritime zone that become later contested, do the occurrence of the contestation and the hazards arising from such contestation relief the host state from its contractual and treaty obligations toward the investment by virtue of the force majeure concept. This thesis argues that a traditional interpretation of the force majeure concept in respect of investment agreements and contracts, hampers states ability to de-escalate their maritime disputes, diminishes its capacity to conclude delimitation agreements and reduces the promotion of the UNCLOS III as well as its mechanisms for disputes settlement. It proposes a contextualist interpretation of the force majeure concept that is adapted to the exploitation of disputed maritime zones and states obligations under the international law of the sea. First, it examines the concept of force majeure as a doctrinal hypothesis and its applications in international contracts and international investment agreements. Second, it analyzes the legal act of maritime contestation as a force majeure event according to the possible interpretations of the concept of “force majeureâ€. Finally, it examines the most recurrent legal hazards susceptible of arising out of a contestation; provisional orders and unfavorable delimitation. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-2735 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:51.500Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-2735 Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts. Kassem, Hazem Sovereign rights in Exclusive economic zones and Continental shelves are functionally limited to the economic exploitation of these zones. Moreover, in the case of disputed maritime zones these sovereign rights are neither exclusive nor necessarily constant. Nevertheless, states are still expected to provide the investments established in these zones the same treatment they should provide in their territories where they exercise full and constant sovereignty. If a host state agrees to the establishment of an investment in a maritime zone that become later contested, do the occurrence of the contestation and the hazards arising from such contestation relief the host state from its contractual and treaty obligations toward the investment by virtue of the force majeure concept. This thesis argues that a traditional interpretation of the force majeure concept in respect of investment agreements and contracts, hampers states ability to de-escalate their maritime disputes, diminishes its capacity to conclude delimitation agreements and reduces the promotion of the UNCLOS III as well as its mechanisms for disputes settlement. It proposes a contextualist interpretation of the force majeure concept that is adapted to the exploitation of disputed maritime zones and states obligations under the international law of the sea. First, it examines the concept of force majeure as a doctrinal hypothesis and its applications in international contracts and international investment agreements. Second, it analyzes the legal act of maritime contestation as a force majeure event according to the possible interpretations of the concept of “force majeureâ€. Finally, it examines the most recurrent legal hazards susceptible of arising out of a contestation; provisional orders and unfavorable delimitation. 2019-05-20T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/1695 https://fount.aucegypt.edu/context/etds/article/2735/viewcontent/Foreign_20investments_20in_20disputed_20maritime_20zones_20__20hazem_20kassem_20.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known. Theses and Dissertations AUC Knowledge Fountain International Law International investment law |
| spellingShingle | International Law International investment law Kassem, Hazem Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts. |
| title | Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts. |
| title_full | Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts. |
| title_fullStr | Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts. |
| title_full_unstemmed | Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts. |
| title_short | Foreign investments in disputed maritime zones : Maritime zonal disputes as events of force majeure between international law and international contracts. |
| title_sort | foreign investments in disputed maritime zones maritime zonal disputes as events of force majeure between international law and international contracts |
| topic | International Law International investment law |
| url | https://fount.aucegypt.edu/etds/1695 https://fount.aucegypt.edu/context/etds/article/2735/viewcontent/Foreign_20investments_20in_20disputed_20maritime_20zones_20__20hazem_20kassem_20.pdf |
| work_keys_str_mv | AT kassemhazem foreigninvestmentsindisputedmaritimezonesmaritimezonaldisputesaseventsofforcemajeurebetweeninternationallawandinternationalcontracts |