South Africa and the Law of the Sea

South Africa and the Law of the Sea PDF Author: P. H. G. Vrancken
Publisher: Martinus Nijhoff Publishers
ISBN: 9004210059
Category : Law
Languages : en
Pages : 569

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Book Description
South Africa and the Law of the Sea brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework.

South Africa and the Law of the Sea

South Africa and the Law of the Sea PDF Author: P. H. G. Vrancken
Publisher: Martinus Nijhoff Publishers
ISBN: 9004210059
Category : Law
Languages : en
Pages : 569

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Book Description
South Africa and the Law of the Sea brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework.

Negotiating the Law of the Sea

Negotiating the Law of the Sea PDF Author: James K. Sebenius
Publisher: Harvard University Press
ISBN: 9780674606869
Category : Business & Economics
Languages : en
Pages : 276

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Book Description
The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

Islamic Law of the Sea

Islamic Law of the Sea PDF 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.

The Blue Economy Handbook of the Indian Ocean Region

The Blue Economy Handbook of the Indian Ocean Region PDF Author: Attri, V.N.
Publisher: Africa Institute of South Africa
ISBN: 0798305185
Category : Social Science
Languages : en
Pages : 496

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Book Description
As humanity enters the Anthropocene epoch the oceans are more at risk than ever before as a result of the increased exploitation of its resources. The Indian Ocean is the third largest ocean in the world comprising 20% of the water on the Earth's surface. The sea lanes in the Indian Ocean are among the busiest in the world with more than 80 percent of global seaborne trade in oil transiting through the Indian Ocean and its vital chokepoints and an estimated 40% of the world's offshore oil production comes from the Indian Ocean. The importance of this region cannot be underestimated and there is no doubt that there are many opportunities for economic growth and job creation presented by the waters washing the shores of the Indian Ocean Rim. In order to ensure a desirable future for humanity it is necessary to make use of the ocean’s resources in a sustainable and responsible manner. Climate change is affecting the Indian Ocean negatively, placing a strain on the ability to ensure food security and damaging the economies of small island states that depend on fisheries and aquaculture for their livelihoods. Increasing ocean temperatures and ocean acidification are taking a toll on ecosystems. This book is the first of its kind, providing fresh insights into the various aspects and impacts of the Blue Economy in the Indian Ocean Region: from shifting paradigms, to an accounting framework, gender dynamics, the law of the sea and renewable energy, this handbook aims at increasing awareness of the Blue Economy in the Indian Ocean Region and to provide evidence to policy-makers in the region to make informed decisions. The contributions are from a mixture of disciplines by scholars and experts from seven countries.

Africa and the International Law of the Sea

Africa and the International Law of the Sea PDF Author: Nasila S. Rembe
Publisher: BRILL
ISBN: 9789028606395
Category : Law
Languages : en
Pages : 280

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Book Description
Antarctica & the Southern Ocean cover one-tenth of the earth's surface. In a legal & environmental sense, Antarctica represents the geography of hope. It is the freshest & most pristine of regions, governed by a legal regime that offers Antarctica & its circumpolar water the unique possibility of becoming the world's first global wilderness preserve. But in today's age of resource scarcity, Antarctica still provokes much political, economic & legal debate. Over the past decade, international attention has increasingly focused on the legal status of the continent, the potential for hydrocarbon exploitation offshore, & opportunities for harvesting circumpolar living marine resources. In this fascinating treatment, Christopher C. Joyner undertakes the first serious examination of the intimate relationship between Antarctica & the law of the sea. Using Antarctica as a case study, Joyner probes large conceptual issues of ocean law & politics. He uses the intricate details of oceanography & law to unravel the dynamics of the Antarctic Treaty System. In doing so, he examines how the changing importance of Antarctic issues has affected the development of the law of the sea for the region, the ways in which states define their national interests, & the accommodation through various negotations that have contributed to the development of law for governing the Southern Ocean. While the study of law for the Antarctic is provocative in itself, this work goes much farther. The study critically analyzes the region's biogeography, the condition of sovereignty on the continent, the lawfulness of asserting jurisdictional zones offshore, & various legal implications for Antarctica's continental shelf, local island groups, circumpolar deep seabed, & the Southern Ocean's high seas. Moreover, the special legal efforts by the international community to protect the Antarctic seas from marine pollution & to conserve its living marine resources are comprehensively appraised. Thorough, authoritative, & objectively reasoned, Antarctica & the Law of the Sea provides an insightful assessment of how law can progressively develop for a resource-rich region of the world's ocean. As such, it should appeal to a broad range of international lawyers & social scientists who are interested in international relations, political economy, environmental politics, & the law of the sea.

Africa and the Development of International Law

Africa and the Development of International Law PDF Author: Richard Akinjide
Publisher: BRILL
ISBN: 9004642188
Category : Law
Languages : en
Pages : 315

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Book Description


International Law and Sea Level Rise

International Law and Sea Level Rise PDF Author: Davor Vidas
Publisher: BRILL
ISBN: 9004398198
Category : Law
Languages : en
Pages : 92

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Book Description
This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.

Navigational Rights and Freedoms and the New Law of the Sea

Navigational Rights and Freedoms and the New Law of the Sea PDF 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.

Saving the Oceans Through Law

Saving the Oceans Through Law PDF Author: James Harrison
Publisher: Oxford University Press
ISBN: 0198707320
Category : Law
Languages : en
Pages : 353

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Book Description
The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

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.