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Author: Ana G. López Martín
Publisher: Springer Science & Business Media
ISBN: 3642129064
Category : Law
Languages : en
Pages : 239
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Book Description
The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.
Author: Ana G. López Martín
Publisher: Springer Science & Business Media
ISBN: 3642129064
Category : Law
Languages : en
Pages : 239
Get Book Here
Book Description
The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.
Author: David D. Caron
Publisher: Martinus Nijhoff Publishers
ISBN: 9004266372
Category : Law
Languages : en
Pages : 378
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Book Description
The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.
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: 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.
Author: Alexander Lott
Publisher: BRILL
ISBN: 9004365044
Category : Law
Languages : en
Pages : 322
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Book Description
In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).
Author: Donat Pharand
Publisher: Martinus Nijhoff Publishers
ISBN: 9004635378
Category : Law
Languages : en
Pages : 221
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Book Description
Author: Ronald P. Bobroff
Publisher: Bloomsbury Publishing
ISBN: 1350175404
Category : History
Languages : en
Pages : 265
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Book Description
Until now, it has been accepted that the Turkish Straits - the Russian fleet's gateway to the Mediterranean - were a key factor in shaping Russian policy in the years leading to World War I. Control of the Straits had always been accepted as the major priority of Imperial Russia's foreign policy. In this powerfully argued revisionist history, Ronald Bobroff exposes the true Russian concern before the outbreak of war: the containment of German aggression. Based on extensive new research, Bobroff provides fascinating new insights into Russia's state development before the revolution, examining the policies and personal correspondence of its policy makers. And through his detailed examination of the rivalries and alliances of the Triple Entente, he sheds new light on European diplomacy at the beginning of the twentieth century.
Author: Hugo Caminos
Publisher: Cambridge University Press
ISBN: 1107003768
Category : Law
Languages : en
Pages : 531
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Book Description
An account of the legal regime of straits and the allocation of rights and duties relating to transit passage.
Author: R. Douglas Brubaker
Publisher: BRILL
ISBN: 9047406729
Category : Law
Languages : en
Pages : 291
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Book Description
The issues surrounding the regimes of ice-covered areas, international straits, and passage rights of State vessels are analysed for the purpose of assessing the status of law and State practice in Russian Arctic waters.
Author: Stuart B. Kaye
Publisher: BRILL
ISBN: 9004635424
Category : Law
Languages : en
Pages : 215
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Book Description
This is the twelfth book in the series International Straits of the World which describes the geography of a narrow waterway linking two seas and its relevance to shipping, economic development, and social welfare in the region, especially examining the legal status of the strait and its international relations. As a central focus, this study addresses the legal status of the Strait in the light of the 1982 U.N. Law of the Sea Convention. The Convention not only prescribes limits to the territorial sea, an exclusive economic zone and a continental shelf for coastal states, but also addresses rules for the transit of straits for international navigation. The book details the unusual demarcation of Australian territorial seas in certain islands and the unique fisheries - deep seabed lines of jurisdiction. Finally, this study turns sympathetically to the welfare of the Islanders, a small distinct ethnic group which has suffered losses in land, culture, and independence through the rush of western civilization. The author illuminates the importance of the Protected Zone established by the Torres Strait Treaty to Islander economic and environmental concerns. He also examines and takes a position on the feasibility of an independent state for the Islanders.
