Author: Sean D. Murphy
Publisher: BRILL
ISBN: 9004361545
Category : Law
Languages : en
Pages : 383
Book Description
This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
International Law Relating to Islands
Author: Sean D. Murphy
Publisher: BRILL
ISBN: 9004361545
Category : Law
Languages : en
Pages : 383
Book Description
This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
Publisher: BRILL
ISBN: 9004361545
Category : Law
Languages : en
Pages : 383
Book Description
This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
The Regime of Islands in International Law
Author: Hiran W. Jayewardene
Publisher: BRILL
ISBN: 9004479244
Category : Law
Languages : en
Pages : 600
Book Description
Publisher: BRILL
ISBN: 9004479244
Category : Law
Languages : en
Pages : 600
Book Description
The Legal Regime of Islands in International Law
Author: D Bowett
Publisher: Martinus Nijhoff Publishers
ISBN: 9004634371
Category : Law
Languages : en
Pages : 349
Book Description
Publisher: Martinus Nijhoff Publishers
ISBN: 9004634371
Category : Law
Languages : en
Pages : 349
Book Description
Islands and International Law
Author: Donald R Rothwell
Publisher: Hart Publishing
ISBN: 1509955429
Category : Law
Languages : en
Pages : 0
Book Description
Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world's leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.
Publisher: Hart Publishing
ISBN: 1509955429
Category : Law
Languages : en
Pages : 0
Book Description
Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world's leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.
Atoll Island States and International Law
Author: Lilian Yamamoto
Publisher: Springer Science & Business Media
ISBN: 3642381863
Category : Law
Languages : en
Pages : 318
Book Description
Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.
Publisher: Springer Science & Business Media
ISBN: 3642381863
Category : Law
Languages : en
Pages : 318
Book Description
Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.
Contested Territories and International Law
Author: Kamal Makili-Aliyev
Publisher: Routledge
ISBN: 1000749959
Category : Law
Languages : en
Pages : 142
Book Description
This book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. The armed conflict between Armenia and Azerbaijan over the territory of the Nagorno-Karabakh has been on the peace and security agenda since the dissolution of the Soviet Union. This volume draws parallels with a similar situation between Sweden and Finland over sovereignty of the Aland Islands in the early 20th century. Resolved in 1921, it is argued that this represents a model autonomy solution for territorial conflicts that include questions of territorial integrity, self-determination and minority rights. The book compares both conflict situations from the international law perspective, finding both commonalities and dissimilarities. It advances the application of the solution found in the Aland Islands precedent as a model for the resolution of the Nagorno-Karabakh Conflict, and provides appropriate recommendations for its implementation. The book will be of interest to academics, researchers and policymakers in the areas of international law and security, conflict resolution and international relations.
Publisher: Routledge
ISBN: 1000749959
Category : Law
Languages : en
Pages : 142
Book Description
This book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. The armed conflict between Armenia and Azerbaijan over the territory of the Nagorno-Karabakh has been on the peace and security agenda since the dissolution of the Soviet Union. This volume draws parallels with a similar situation between Sweden and Finland over sovereignty of the Aland Islands in the early 20th century. Resolved in 1921, it is argued that this represents a model autonomy solution for territorial conflicts that include questions of territorial integrity, self-determination and minority rights. The book compares both conflict situations from the international law perspective, finding both commonalities and dissimilarities. It advances the application of the solution found in the Aland Islands precedent as a model for the resolution of the Nagorno-Karabakh Conflict, and provides appropriate recommendations for its implementation. The book will be of interest to academics, researchers and policymakers in the areas of international law and security, conflict resolution and international relations.
Demilitarisation and International Law in Context
Author: Athanasia Spiliopoulou Åkermark
Publisher: Routledge
ISBN: 9781138093300
Category : Demilitarization (International law)
Languages : en
Pages : 128
Book Description
Introduction : the goal and structure of the book -- The legal regulation of the demilitarisation and neutralisation of the Åland islands -- The law of the sea and the demilitarisation of Åland -- Regional security co-operation and the Åland islands -- Outlook and conclusions
Publisher: Routledge
ISBN: 9781138093300
Category : Demilitarization (International law)
Languages : en
Pages : 128
Book Description
Introduction : the goal and structure of the book -- The legal regulation of the demilitarisation and neutralisation of the Åland islands -- The law of the sea and the demilitarisation of Åland -- Regional security co-operation and the Åland islands -- Outlook and conclusions
The Regime of Islands Reframed
Author: Clive Schofield
Publisher: BRILL
ISBN: 9004449477
Category : Law
Languages : en
Pages : 132
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. Particular reference is made to the arbitration case between China and the Philippines concerning the South China Sea which, as the first detailed international judicial examination and interpretation of the Regime of Islands, has reframing understanding of the definition of islands. Reactions to the Award in the South China Sea case are appraised, confirmations and clarifications provided by the Award are highlighted as well as remaining uncertainties and scope for conflicting interpretation. The high standard for fully entitled island status set by the Tribunal in the South China Sea case is underlined as is scope for flexible application of the approach to island definition adopted by the Tribunal. The potential implications of the Award both within and beyond the South China Sea are explored.
Publisher: BRILL
ISBN: 9004449477
Category : Law
Languages : en
Pages : 132
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. Particular reference is made to the arbitration case between China and the Philippines concerning the South China Sea which, as the first detailed international judicial examination and interpretation of the Regime of Islands, has reframing understanding of the definition of islands. Reactions to the Award in the South China Sea case are appraised, confirmations and clarifications provided by the Award are highlighted as well as remaining uncertainties and scope for conflicting interpretation. The high standard for fully entitled island status set by the Tribunal in the South China Sea case is underlined as is scope for flexible application of the approach to island definition adopted by the Tribunal. The potential implications of the Award both within and beyond the South China Sea are explored.
Is International Law International?
Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696419
Category : Law
Languages : en
Pages : 433
Book Description
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Publisher: Oxford University Press
ISBN: 0190696419
Category : Law
Languages : en
Pages : 433
Book Description
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
The Iran-UAE Gulf Islands Dispute
Author: Charles L.O. Buderi
Publisher: BRILL
ISBN: 9004236198
Category : Law
Languages : en
Pages : 941
Book Description
In The Iran-UAE Gulf Islands Dispute, Charles Buderi and Luciana Ricart take the reader on a journey through centuries of Gulf history and evolving principles of international law on territorial disputes to reach conclusions over the rightful sovereign of three Gulf islands – Abu Musa and the Tunbs – claimed by both Iran and the United Arab Emirates. Drawing on a wide range of scholarly works and archival documents from sources as diverse as the Dutch East India Company, the Ottoman Empire and the British Government, Buderi and Ricart analyze historical events from antiquity up to modern times. Ultimately, the authors reach conclusions on the ownership of the islands under international law which challenge the positions of both parties.
Publisher: BRILL
ISBN: 9004236198
Category : Law
Languages : en
Pages : 941
Book Description
In The Iran-UAE Gulf Islands Dispute, Charles Buderi and Luciana Ricart take the reader on a journey through centuries of Gulf history and evolving principles of international law on territorial disputes to reach conclusions over the rightful sovereign of three Gulf islands – Abu Musa and the Tunbs – claimed by both Iran and the United Arab Emirates. Drawing on a wide range of scholarly works and archival documents from sources as diverse as the Dutch East India Company, the Ottoman Empire and the British Government, Buderi and Ricart analyze historical events from antiquity up to modern times. Ultimately, the authors reach conclusions on the ownership of the islands under international law which challenge the positions of both parties.