Délimitation de la Frontière Maritime Entre Le Canada Et la France PDF Download
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Author: Canada
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 524
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Book Description
Author: Canada
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 524
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Book Description
Author: Donat Pharand
Publisher: BRILL
ISBN: 9004479880
Category : Law
Languages : en
Pages : 424
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Book Description
This volume focuses on both the general aspects of two of the most typical institutions introduced by the new Law of the Sea and the specific aspects related to the geographic and economic circumstances of Italy and Canada. It is divided into two parts. The first part deals with the delimitation of maritime boundaries, especially with respect to the continental shelf and the exclusive economic zone. The problem is approached from both a theoretical and a practical point of view, in particular, in analyzing not only the more well-known controversies in delimitation solved by international agreements or by international courts, but also still unsettled disputes in which Italy and Canada are involved. The second part deals with the legal regime of the continental shelf and the exclusive zone and the activities - in particular exploration and exploitation - carried out in them. The same approach as in Part One is used in juxtaposing Italian and Canadian views on relative regulation. Indeed, the volume brings together the diverse legal experience of the two countries - Italy and Canada - resulting from the different geographic, political and economic conditions found in each. It is enough to think that Italy is surrounded on three sides by a closed or semiclosed sea, the Mediterranean, while Canada borders on the Atlantic, Pacific and Arctic Oceans. The volume was financed by the Italian National Research Council (CNR) and edited by Donat Pharand, Professor Emiritus of International Law at the University of Ottawa, and Umberto Leanza, Full Professor of International Law at the University of Rome, 'Tor Vergata'.
Author: Thomas Cottier
Publisher: Cambridge University Press
ISBN: 1316299805
Category : Law
Languages : en
Pages : 835
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Book Description
Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.
Author: Rainer Lagoni
Publisher: BRILL
ISBN: 9004150331
Category : Law
Languages : en
Pages : 255
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Book Description
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
Author: Canada
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 934
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Book Description
Author: Géraldine Giraudeau
Publisher: Martinus Nijhoff Publishers
ISBN: 900422923X
Category : Law
Languages : en
Pages : 557
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Book Description
Arbitral and judicial decisions dealing with territorial land and maritime disputes bear the mark of compromising. They draw boundaries situated between the respective pretentions of the parties and ensure an equitable share of spaces and resources. This phenomenon of compromising symptomatically appears in the jurisprudence dealing with territorial disputes, because of their specific nature, and the geostrategic, economic and emotional factors at stake. It is also due to the remarkable flexibility of applicable norms and principles, which provides a vast power of appreciation to the judge. This study enhances how the content of the decisions is used in order to reach a balanced solution and demonstrates that the international judge focuses on peacekeeping considerations. Les décisions arbitrales et judiciaires relatives aux différends territoriaux terrestres et maritimes sont marquées par une tendance transactionnelle. Elles consacrent des tracés frontaliers situés entre les revendications respectives des parties et assurent plus globalement un équitable partage des espaces et des ressources. Ce phénomène de compromis s’exprime symptomatiquement dans la jurisprudence relative aux différends territoriaux en raison de la nature de ces litiges et de leurs enjeux géostratégique, économique et émotionnel. Il est aussi dû à la particulière flexibilité des règles et des principes applicables. Cette étude témoigne de l’instrumentalisation qui est faite du contenu des décisions juridictionnelles au profit de solutions équilibrées et démontre que le juge international est avant tout tourné vers la mission pacificatrice de son office.
Author: Robert Kolb
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041119766
Category : Law
Languages : en
Pages : 1208
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Book Description
This book provides a complete overview of the jurisprudence on maritime delimitation. Each case is presented under a series of identical headings, so as simultaneously to provide the reader with a complete analysis of the individual case and a uniform measure of comparison with other cases. The headings are as follows: geographical context; submissions and arguments of the parties; specific features of the case; the judgement, broken down into its various elements; individual and dissenting opinions; and academic comment (together with a bibliography). The longest section on each case is that devoted to the judgement. The analysis of each relevant element (the role of third States, equity, equidistance, the displacement of a provisional line, islands, proportionality etc.) is presented in three ways: (1) a brief introductory part introducing, and offering a critique of, the essential features of the relevant part of the decision; (2) relevant extracts from the judgement; (3) commentaries (either brief or more developed, according to the needs of the case), that endeavour to bring out the substance of the judgement, in particular by drawing out the various consequences, making connections with previous and future cases so as to chart the development of the jurisprudence, and offering critical reflections. The book thus presents a complete panorama of the jurisprudential problems associated with maritime delimitation. The clarity and comprehensive nature of the presentation, and the quality of the commentaries, makes it an indispensable reference work for academics and for practitioners alike.
Author: Canada
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 202
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Book Description
Author: Angel Horna
Publisher: Taylor & Francis
ISBN: 1000800776
Category : Law
Languages : en
Pages : 231
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Book Description
The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea. It discusses the law of maritime delimitation and, through jurisprudence, the development of the three-stage methodology to describe and explain maritime delimitation agreements in Latin America and the Caribbean according to the method or methods of delimitation employed. It reviews maritime boundaries in Latin America and the Caribbean that were submitted to third-party adjudication as well as provisional arrangements, considering the role of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. With a renewed focus on maritime delimitation, and increasing litigation focused on Latin America and the Caribbean, the book will be of interest to students, academics and practitioners in the fields of international law, law of the sea, and State practice.
Author: Jon M. van Dyke
Publisher: Martinus Nijhoff Publishers
ISBN: 9004252487
Category : Law
Languages : en
Pages : 540
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Book Description
This collective work of a renowned group of scholars, Governing Ocean Resources: New Challenges and Emerging Regimes, edited by Jon M. Van Dyke, Sherry P. Broder,Seokwoo Lee and Jin-Hyun Paik, examines the current state of the Law of the Sea today, offers a variety of new approaches to the field, and serves as a tribute to the late Judge Choon-ho Park, whose profound depth of learning and indomitable spirit of optimism regarding the possibilities of reform and improvement comprised an immense contribution to the study of the Law of the Sea.
