Author: N. Papadakis
Publisher: Brill Archive
ISBN: 9789028601277
Category : Law
Languages : en
Pages : 306

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Book Description

Author: Clive Schofield
Publisher: BRILL
ISBN: 9004449477
Category : Law
Languages : en
Pages : 132

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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.

Author: Sean D. Murphy
Publisher: BRILL
ISBN: 9004361545
Category : Law
Languages : en
Pages : 383

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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.

Author: Hossein Esmaeili
Publisher: Routledge
ISBN: 1351886908
Category : Law
Languages : en
Pages : 301

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Book Description
This book reviews and examines the relevant portions of all international treaties, cases and the national law and practice of states, in relation to international aspects of offshore oil rigs. By doing so, it offers an understanding of the legal regime surrounding oil rigs and formulates an international law framework. It investigates the issues under consideration by analyzing provisions of international law pertaining to all aspects of oil rigs, as well as international treaties and their travaux preparatoires. It also examines the national legislation of major offshore oil and gas producers and defines a framework of customary international entities such as the OSPAR and the petroleum industries of certain major offshore oil producers. Based upon the book's findings, it is clear that in spite of their increasing importance, offshore oil installations are subject to fragmentary and vague legal rules under international law.

Author: E D Brown
Publisher: Martinus Nijhoff Publishers
ISBN: 9004636455
Category : Law
Languages : en
Pages : 538

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Book Description
This first book in a three-volume work on Sea-Bed Energy and Minerals: The International Legal Regime is concerned with the law governing the exploitation of energy and mineral resources in two quite different sub-marine areas. Volume 1 deals with the areas within the limits of national jurisdiction, that is, all of the submarine areas extending from the coast to the seaward limit of the continental shelf. As its subtitle indicates, this volume is predominantly concerned with The Continental Shelf. Although the United Nations Convention on the Law of the Sea has still not entered into force, and, indeed, may not do so for many years for some of the major maritime powers, its adoption in 1982 did, nonetheless, usher in a period of relative stability in the rules governing the areas within national jurisdiction, including, in particular, the continental shelf. However, being the creatures of compromise, some of its rules are undeniably vague and it has been left to State practice and international courts and tribunals to develop these rules further, especially those relating to the delimitation of the continental shelf between neighbouring States. Volume 1 provides an analysis of the rules of conventional and custromary law in the light of this practice. Volume 2, on Sea-Bed Mining, deals with the area beyond the limits of national jurisdiction, that is, the submarine area lying seaward of the outer limit of the continental shelf. Volume 3, which will be published at the same time as Volume 2, will provide Documents, Tables and Bibliography relating to the subject matter of the first two volumes.

Author: Edward Duncan Brown
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115409
Category : Law
Languages : en
Pages : 540

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Book Description
This three-volume work is concerned with the rules of international law governing the exploitation of the energy and mineral resources to be found on and under the sea-bed. Volume 3 complements the previous two volumes by making available a selection of the principal documents referred to in volume 1 "The" "Continental Shelf" and volume 2 "Sea-Bed Mining." The documents are arranged in three Parts. Part 1 includes document on the continental shelf and the exclusive economic zone; Part 2 covers the United Nations regime for the Area beyond the limits of national jurisdiction, including the landmark Mining Code adopted in July 2000; and Part 3 has a selection of national legislation on sea-bed mining and related co-ordinating treaties. Also included is a table showing the status, as at 1 October 2000, of the UN Convention on the Law of the Sea, 1982 and the 1994 Agreement relating to the Implementation of the UN Convention. This volume will be a useful practical tool for academics, practitioners, and policy-makers concerned with the legal regime governing sea-bed energy and minerals and presents a carefully selected set of documents indispensable for a full understanding of the regimes analysed in the earlier volumes.

Author: Donald R Rothwell
Publisher: Bloomsbury Publishing
ISBN: 1509955437
Category : Law
Languages : en
Pages : 329

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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.

Author: Donald R Rothwell
Publisher: Bloomsbury Publishing
ISBN: 1509958398
Category : Law
Languages : en
Pages : 864

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Book Description
Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.

Author: Jenny Grote Stoutenburg
Publisher: BRILL
ISBN: 9004303014
Category : Law
Languages : en
Pages : 504

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Book Description
Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.

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.