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Author: Clive R. Symmons
Publisher: BRILL
ISBN: 9004204210
Category : Law
Languages : en
Pages : 378
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Book Description
Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas
Author: Clive R. Symmons
Publisher: BRILL
ISBN: 9004204210
Category : Law
Languages : en
Pages : 378
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Book Description
Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas
Author: Aleksandr Antonovich Kovalev
Publisher: Eleven International Publishing
ISBN: 9077596038
Category : Antarctic
Languages : en
Pages : 348
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Book Description
Originally published in Russian, this book is the first major Russian treatise on the international law of the sea in the post-Soviet era. The book covers the legal status and legal regime of the sea expanses and follows their classification in the 1982 United Nations Convention. In addition, a separate section is devoted to the legal status of the Caspian Sea. The author analyzes in-depth the international legal norms regulating the preservation of the marine environment and concludes that a system of international cooperation is essential both in the sphere of navigation and economic exploitation of oceanic resources. Extensive attention is given to Russian practice. As Russia plays a central and influential role in world maritime policy, a book that specifically deals with Russian approaches in this field cannot fail to be of importance to anyone interested in the law of the sea.
Author: Marta Chantal Ribeiro
Publisher: Springer
ISBN: 9783030426705
Category : Law
Languages : en
Pages : 467
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Book Description
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
Author: Lucrecia García Iommi
Publisher: University of Michigan Press
ISBN: 0472220276
Category : Political Science
Languages : en
Pages : 365
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Book Description
The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.
Author: Angela Del Vecchio
Publisher:
ISBN: 9789462360815
Category : Law of the sea
Languages : en
Pages : 0
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Book Description
In the last few decades, the law of the sea has been affected, not only by the processes of globalization that have changed the key interests of the international community, but also by natural phenomena like climate change. In addition, technological advances, having opened up new opportunities to exploit marine resources and to produce energy and which make the sea in itself a resource, have contributed to a further development of the law of the sea. This book contributes to the study of the evolution of the law of the sea and will not fail to be of interest to academics in the field. It analyzes those areas of the law of the sea in which the transformations taking place seem to be more significant, such as: migration by sea * the security of navigation and the fight against piracy * safety of navigation * protection of maritime labor * the legal framework governing the polar regions * special issues relating to the harnessing of marine resources. [Subject: Public International Law, Maritime Law, Environmental Law]
Author:
Publisher:
ISBN:
Category : Law of the sea
Languages : en
Pages : 204
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Book Description
Author: Donald R Rothwell
Publisher: Bloomsbury Publishing
ISBN: 1509958398
Category : Law
Languages : en
Pages : 864
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Book Description
Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
Author: Efthymios Papastavridis
Publisher: Bloomsbury Publishing
ISBN: 1782250859
Category : Law
Languages : en
Pages : 267
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Book Description
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
Author: Clive R. Symmons
Publisher: BRILL
ISBN: 9004377026
Category : Law
Languages : en
Pages : 471
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Book Description
This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.
Author: Nong Hong
Publisher: Routledge
ISBN: 0415505275
Category : Law
Languages : en
Pages : 282
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Book Description
This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.
