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Author: Christopher C. Joyner
Publisher: Martinus Nijhoff Publishers
ISBN: 0792318234
Category : Law
Languages : en
Pages : 318
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Book Description
This survey of maritime law as it applies to the Antarctic continent and surrounding seas, includes biogeography, sovereignty, offshore jurisdiction, the continental shelf, environmental protection and conservation, and the legal status of ice shelves, sea ice, icebergs and ice islands.
Author: Christopher C. Joyner
Publisher: Martinus Nijhoff Publishers
ISBN: 0792318234
Category : Law
Languages : en
Pages : 318
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Book Description
This survey of maritime law as it applies to the Antarctic continent and surrounding seas, includes biogeography, sovereignty, offshore jurisdiction, the continental shelf, environmental protection and conservation, and the legal status of ice shelves, sea ice, icebergs and ice islands.
Author: Erik J. Molenaar
Publisher: Martinus Nijhoff Publishers
ISBN: 9004255214
Category : Law
Languages : en
Pages : 466
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Book Description
The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes of the contemporary law of the sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes. The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume critically examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.
Author: Alex G. Oude Elferink
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116482
Category : Law
Languages : en
Pages : 424
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Book Description
The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the Law of the Sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the Law of the Sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones betweenm neighboring states) and jursidiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention of the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.
Author: David Joseph Attard
Publisher: Oxford University Press, USA
ISBN: 0199683921
Category : Law
Languages : en
Pages : 796
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Book Description
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
Author: Keyuan Zou
Publisher: BRILL
ISBN: 9004373330
Category : Law
Languages : en
Pages : 373
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Book Description
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Author: Kristina Schönfeldt
Publisher: Bloomsbury Publishing
ISBN: 1509915796
Category : Law
Languages : en
Pages : 1675
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Book Description
The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.
Author: Gillian D. Triggs
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 276
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Book Description
The Antarctic Treaty regime is a uniquely successful legal system which preserves Antarctica for peaceful purposes and guarantees freedom of scientific research. This volume based on an international conference, examines the legal, political and environmental issues that it raises. After setting the scene of the Antarctic environment, the early chapters discuss the legal issues involved in the Treaty. Later chapters consider protection of the marine environment and the regulation of mineral exploitation. The book concludes with a discussion of Antarctica and its development.
Author: Alan D. Hemmings
Publisher: Routledge
ISBN: 1136324755
Category : Law
Languages : en
Pages : 370
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Book Description
The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. The book assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region. The contributions to this volume engage with a security discourse which has expanded beyond the traditional military domain to include notions of security from the perspective of economics, the environment and bio-security. This book provides a contemporary and innovative approach to Antarctic issues which will be of interest to scholars of international law, international relations, security studies and political science as well as policy makers, lawyers and government officials with an interest in the region.
Author: Donald Rothwell
Publisher: Cambridge University Press
ISBN: 9780521561822
Category : Law
Languages : en
Pages : 538
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Book Description
A review of international law in the polar regions and its importance to the environment and to international relations.
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.
