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Author: Patrick Henri Ghislain Vrancken
Publisher: Taylor & Francis
ISBN: 1000901300
Category : Law
Languages : en
Pages : 246
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Book Description
Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.
Author: Patrick Henri Ghislain Vrancken
Publisher: Taylor & Francis
ISBN: 1000901300
Category : Law
Languages : en
Pages : 246
Get Book Here
Book Description
Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.
Author: Camille Goodman
Publisher: Oxford University Press
ISBN: 019265067X
Category : Law
Languages : en
Pages : 433
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Book Description
Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.
Author: Clive H. Schofield
Publisher: Martinus Nijhoff Publishers
ISBN: 9004262598
Category : Law
Languages : en
Pages : 812
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Book Description
The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.
Author: Vito De Lucia
Publisher: BRILL
ISBN: 9004506365
Category : Law
Languages : en
Pages : 469
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Book Description
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Author: P. H. G. Vrancken
Publisher:
ISBN: 9781032469379
Category : Law of the sea
Languages : en
Pages : 0
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Book Description
"Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction"--
Author: Maria Gavouneli
Publisher: BRILL
ISBN: 9047423186
Category : Law
Languages : en
Pages : 304
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Book Description
The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
Author: The Hon Justice Winston Anderson
Publisher: Publications on Ocean Developm
ISBN: 9789004503175
Category : Law
Languages : en
Pages : 472
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Book Description
"This book is about the Law of the Sea in the Caribbean and the contribution of that law to economic development in the region. The most important legal instrument for that discussion is undoubtedly the United Nations Convention on the Law of the Sea which entered into force on 16 November 1994, some twelve years after it was adopted in December 1982, and following more than nine years of negotiations, which began in 1973"--
Author: P. H. G. Vrancken
Publisher:
ISBN: 9781003383871
Category : LAW
Languages : en
Pages : 0
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Book Description
Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.
Author: Simon Jungblut
Publisher: Springer Nature
ISBN: 3030203891
Category : Animal culture
Languages : en
Pages : 378
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Book Description
This open access book summarizes peer-reviewed articles and the abstracts of oral and poster presentations given during the YOUMARES 9 conference which took place in Oldenburg, Germany, in September 2018. The aims of this book are to summarize state-of-the-art knowledge in marine sciences and to inspire scientists of all career stages in the development of further research. These conferences are organized by and for young marine researchers. Qualified early-career researchers, who moderated topical sessions during the conference, contributed literature reviews on specific topics within their research field. .
Author: U.s. Commission on Ocean Policy
Publisher: CreateSpace
ISBN: 9781494941710
Category : Science
Languages : en
Pages : 672
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Book Description
America is a nation intrinsically connected to and immensely reliant on the ocean. All citizens—whether they reside in the country's farmlands or mountains, in its cities or along the coast—affect and are affected by the sea. Our grocery stores and restaurants are stocked with seafood and our docks are bustling with seaborne cargo. Millions of visitors annually flock to the nation's shores, creating jobs and contributing substantially to the U.S. economy through one of the country's largest and most rapidly growing economic sectors: tourism and recreation. The offshore ocean area under U.S. jurisdiction is larger than its total land mass, providing a vast expanse for commerce, trade, energy and mineral resources, and a buffer for security. Born of the sea are clouds that bring life-sustaining water to our fields and aquifers, and drifting microscopic plants that generate much of the oxygen we breathe. Energy from beneath the seabed helps fuel our economy and sustain our high quality of life. The oceans host great biological diversity with vast medical potential and are a frontier for exciting exploration and effective education. The importance of our oceans, coasts, and Great Lakes cannot be overstated; they are critical to the very existence and wellbeing of the nation and its people. Yet, as the 21st century dawns, it is clear that these invaluable and life-sustaining assets are vulnerable to the activities of humans. Human ingenuity and ever-improving technologies have enabled us to exploit—and significantly alter—the ocean's bounty to meet society's escalating needs. Pollution runs off the land, degrading coastal waters and harming marine life. Many fish populations are declining and some of our ocean's most majestic creatures have nearly disappeared. Along our coasts, habitats that are essential to fish and wildlife and provide valuable services to humanity continue to suffer significant losses. Non-native species are being introduced, both intentionally and accidentally, into distant areas, often resulting in significant economic costs, risks to human health, and ecological consequences that we are only beginning to comprehend. Yet all is not lost. This is a moment of unprecedented opportunity. Today, as never before, we recognize the links among the land, air, oceans, and human activities. We have access to advanced technology and timely information on a wide variety of scales. We recognize the detrimental impacts wrought by human influences. The time has come for us to alter our course and set sail for a new vision for America, one in which the oceans, coasts, and Great Lakes are healthy and productive, and our use of their resources is both profitable and sustainable. It has been thirty-five years since this nation's management of the oceans, coasts, and Great Lakes was comprehensively reviewed. In that time, significant changes have occurred in how we use marine assets and in our understanding of the consequences of our actions. This report from the U.S. Commission on Ocean Policy provides a blueprint for change in the 21st century, with recommendations for creation of an effective national ocean policy that ensures sustainable use and protection of our oceans, coasts, and Great Lakes for today and far into the future.
