Author: Cameron Moore
Publisher: Routledge
ISBN: 042975891X
Category : Law
Languages : en
Pages : 158
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Book Description
There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.
Author: Donald R. Rothwell
Publisher: BRILL
ISBN: 9004482660
Category : Law
Languages : en
Pages : 389
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Book Description
Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.
Author: James Kraska
Publisher: Naval Institute Press
ISBN: 1682471179
Category : History
Languages : en
Pages : 218
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Book Description
The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.
Author: Philipp Wendel
Publisher: Springer Science & Business Media
ISBN: 3540743324
Category : Law
Languages : en
Pages : 300
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Book Description
Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.
Author: Sam Bateman
Publisher: Routledge
ISBN: 0429557086
Category : Law
Languages : en
Pages : 138
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Book Description
The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.
Author: Hassan S. Khalilieh
Publisher: Cambridge University Press
ISBN: 1108481450
Category : History
Languages : en
Pages : 305
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Book Description
This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.
Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217738
Category : Law
Languages : en
Pages : 998
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Book Description
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Author: Myron H. Nordquist
Publisher: BRILL
ISBN: 904742705X
Category : Law
Languages : en
Pages : 646
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Book Description
Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary. This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.
Author: S. Jayakumar
Publisher: Edward Elgar Publishing
ISBN: 178347727X
Category : Law
Languages : en
Pages : 296
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Book Description
South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual
Author: Dr Yann-huei Song
Publisher: Ashgate Publishing, Ltd.
ISBN: 147240159X
Category : Law
Languages : en
Pages : 329
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Book Description
Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.
