The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas PDF Author: Mitja Grbec
Publisher: Routledge
ISBN: 1135115087
Category : Law
Languages : en
Pages : 318

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Book Description
The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas PDF Author: Mitja Grbec
Publisher: Routledge
ISBN: 1135115087
Category : Law
Languages : en
Pages : 318

Get Book Here

Book Description
The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas PDF Author: Mitja Grbec
Publisher: Routledge
ISBN: 1135115079
Category : Law
Languages : en
Pages : 347

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Book Description
The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.

Global Commons and the Law of the Sea

Global Commons and the Law of the Sea PDF 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.

Maritime Delimitation as a Judicial Process

Maritime Delimitation as a Judicial Process PDF Author: Massimo Lando
Publisher: Cambridge University Press
ISBN: 110849739X
Category : Law
Languages : en
Pages : 435

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Book Description
The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.

Encyclopedia of Hydrology and Water Resources

Encyclopedia of Hydrology and Water Resources PDF Author: Reginald W. Herschy
Publisher: Springer Science & Business Media
ISBN: 0412740605
Category : Science
Languages : en
Pages : 793

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Book Description
The fresh water supplies of the Earth are finite and as the world's population continues to grow humanity's thirst for this water seems unquenchable. Intense pressure is being exerted upon freshwater resources and a lack of adequate clean water is seen as one of the most serious global problems for the 21st century. Indeed it has been said that the next war will be fought over water, not oil. Human health and the health of supporting ecosystems increasingly depends upon our ability to find, control, manage and understand water. In a single volume, The Encyclopedia of Hydrology and Water Resources provides the reader with a comprehensive overview and understanding of the diverse field of hydrology. The intimate inclusion of material on water resources emphasizes the practical applications of this field, applications which are indispensable in any modern approach to the subject. This volume is a vital reference for all hydrologists, hydrogeologists and water engineers worldwide, whether they are concerned with the exploitation of new sources of water, the protection and management of existing reserves, or the science of surface water and groundwater flow. 114 eminent scientists from 17 countries worldwide have contributed to this authoritative volume. Superbly illustrated throughout, it includes almost 300 entries on a range of key topics, including arid and semi-arid zones, climates and climate change, floods and droughts, desertification, entropy, flow measurement, groundwater, hydrological cycle, hydrological models, infiltration, karst hydrology, paleohydrology, precipitation, remote sensing, river pollution prevention, rivers, lakes and seas, satellite hydrology, soil erosion, water treatment, water use, weather radar, and world water balance.

Baselines under the International Law of the Sea

Baselines under the International Law of the Sea PDF Author: Coalter G. Lathrop
Publisher: BRILL
ISBN: 9004398147
Category : Law
Languages : en
Pages : 185

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Book Description
Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.

The Legal Regime of Straits

The Legal Regime of Straits PDF Author: Hugo Caminos
Publisher: Cambridge University Press
ISBN: 1316060608
Category : Law
Languages : en
Pages : 531

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Book Description
The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.

Maritime Cooperation in Semi-Enclosed Seas

Maritime Cooperation in Semi-Enclosed Seas PDF Author: Keyuan Zou
Publisher: BRILL
ISBN: 9004396632
Category : Law
Languages : en
Pages : 272

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Book Description
Maritime Cooperation in Semi-Enclosed Seas, edited by Keyuan Zou, brings together distinguished scholars to discuss how and to what extent Article 123 of the LOSC has been implemented in state practice in East Asia and Europe, and what kind of existing experiences can be observed and lessons drawn so as to promote maritime cooperation in semi-enclosed seas. An interdisciplinary approach has been taken to broaden the scope of discussion on how to strengthen the implementation of the LOSC. The book is divided into four parts: “International Legal Framework for Semi-Enclosed Seas Cooperation,” “Cooperative Management of Marine Resources,” “Handling Non-Traditional Security Issues,” and “New Challenges to Semi-Enclosed Seas Cooperation.” In addition to general discussions on semi-enclosed seas, the volume offers special geographic coverage of the East China Sea and South China Sea in East Asia and the North Sea and Mediterranean Sea in Europe.

UNCLOS 1982 Commentary

UNCLOS 1982 Commentary PDF Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
ISBN: 9004215638
Category : Law
Languages : en
Pages : 937

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Book Description
This Supplement to the seven-volume series United Nations Convention on the Law of the Sea 1982, A Commentary, prepared at the University of Virginia’s Center for Oceans Law and Policy, contains additional primary documents and materials directly related to the Convention.

The Regime of Islands Reframed

The Regime of Islands Reframed PDF Author: Clive Schofield
Publisher: BRILL
ISBN: 9004449477
Category : Law
Languages : en
Pages : 132

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Book Description
In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.