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The delimitation of maritime borders is of crucial importance for states having access to the sea and international law stays largely silent on the methods that have to be employed during this process. Therefore, case law, and especially that of the International Court of Justice, has progressively elaborated rules on maritime delimitation at present articulated around the equidistance method. The ICJ seizes the opportunity of the February 3, 2009 judgment in the Maritime Delimitation in the Black Sea (Romania v. Ukraine) case to consecrate once and for all the compulsory recourse to this method, regardless of the maritime area concerned and of the coastal configuration, in the absence of compelling reasons to use another method. Despite of the solidly anchored role of equidistance, which introduces a necessary element of predictability for jurisdictional maritime delimitations, the latter remains a field where the subjectivity of the judge or arbitrator still plays a determining role, mainly through the concept of proportionality. The double incorporation of this concept in the delimitation process in the 2009 judgment is largely regrettable.
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159.More information
The second refrain of the Tamil song “Tuyil Kolla” is addressed to the sea: “The living beings within you will attain fullness.” Based on this poem, the artist Sivaselvi Sarkar created a piece in the Bharata-nāṭyam style: how is the sea represented? How does the poem, as developed by the performing artist, “embody” the sea and its “living beings” (“uyirkal” in Tamil)? How did Sivaselvi Sarkar transmit this corporeality to me? This study shows how the text, its musical score, and its creation in the Bharata-nāṭyam style express a form of engagement grounded in a genuine “eco-poïetic.”
Keywords: mer, écopoétique, processus de création, Bharata-nāṭyam, tamoul