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Author: Keyuan Zou
Publisher: BRILL
ISBN: 9004373330
Category : Law
Languages : en
Pages : 373
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Book Description
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Author: Keyuan Zou
Publisher: BRILL
ISBN: 9004373330
Category : Law
Languages : en
Pages : 373
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Book Description
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Author: Kemal Baslar
Publisher: BRILL
ISBN: 900463522X
Category : Law
Languages : en
Pages : 460
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Book Description
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Author: Umut Özsu
Publisher: Cambridge University Press
ISBN: 1108427693
Category : Law
Languages : en
Pages : 353
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Book Description
Examines the history of the rise and fall of the twentieth century's last major attempt to decolonize international law.
Author: Al-Nauimi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640592
Category : Law
Languages : en
Pages : 1370
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Book Description
The State of Qatar, the Asian-African Legal Consultative Committee (AALCC), in cooperation with the Secretariat of the United Nations and Frère Cholmeley (Paris) organised the Conference on International Legal Issues Arising under the United Nations Decade of International Law in Doha, Qatar on 22--25 March 1994. Around 60 speakers and 200 participants from more than 40 nations freely expressed their views on the progressive development of international law and its codification with a view to States' actions in the future adhering to the principles of international law as enshrined in the Charter of the United Nations. The subjects dealt with by the Conference had one thing in common: they were all topical issues or, in French, `des questions d'actualité', and will remain thus throughout the United Nations Decade of International Law. The various themes were Environmental Law, the Law of the Sea, the Settlement of Disputes, Humanitarian Law, and the Rio Conference, Post-Rio and the New International Economic Order. This book which contains the Conference proceedings will be of great interest to lawyers specializing in international law. The book is not only a photograph of some very important issues as they existed and were perceived in 1994, it will also serve as a reference book and a unique tool which will be indispensable to understanding some of the most crucial legal problems with which the world community is faced today.
Author: Thomas Cottier
Publisher: Cambridge University Press
ISBN: 1108840086
Category : Business & Economics
Languages : en
Pages : 491
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Book Description
Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.
Author: Surabhi Ranganathan
Publisher: Cambridge University Press
ISBN: 1316194736
Category : Law
Languages : en
Pages : 483
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Book Description
Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.
Author: Annabel Brett
Publisher: Cambridge University Press
ISBN: 1108905188
Category : Law
Languages : en
Pages : 423
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Book Description
Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.
Author: Britta van Beers
Publisher: Cambridge University Press
ISBN: 1107048184
Category : Law
Languages : en
Pages : 329
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Book Description
An examination of how the concept of humanity is mobilized to make legal arguments in different areas of law.
Author: Angela Del Vecchio
Publisher: Springer
ISBN: 3030107736
Category : Law
Languages : en
Pages : 437
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Book Description
This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.
Author: Ivan L. Head
Publisher: University of Toronto Press
ISBN: 9780802087362
Category : Political Science
Languages : en
Pages : 238
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Book Description
Hunger, disease, poverty, environmental insecurity, illegitimate governance, civil war, and international conflict are only a few of the causes of today's global turmoil and gross human suffering. Written in honour of Ivan Head, foreign affairs advisor to former Prime Minister Pierre Trudeau, past president of Canada's International Development Research Centre, and professor emeritus of International law at the University of British Columbia, this collection of distinguished essays addresses the imperative to enhance human dignity and protect human life by humanizing our global order and improving international relations - goals Professor Head strove for throughout his career. The authors argue that the search for possible solutions to these challenges, which has so far tended to proceed without due recognition of the needs, demands, and solutions that emanate from the geo-political South, must in future be conducted with alternate visions that take these factors into account. Each essay seeks to re-assess and re-imagine a specific topic that relates in some significant way to our current global circumstance in ways that advance the book's thematic. With essays grappling with such issues as Multilateral Environmental Agreements, the Use of Force, the Prevention of Civil War through Minority Protection, Common Heritage of Humankind, and the Civil Dimensions of Strategy, the volume deals with a range of diverse topics that are as crucial as they are topical.
