The Other Australia/Japan Living Marine Resources Dispute PDF Download
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Author: Andrew Serdy
Publisher: BRILL
ISBN: 9004339450
Category : Law
Languages : en
Pages : 97
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Book Description
In 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.
Author: Andrew Serdy
Publisher: BRILL
ISBN: 9004339450
Category : Law
Languages : en
Pages : 97
Get Book Here
Book Description
In 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.
Author: Natalie Klein
Publisher: Oxford University Press
ISBN: 0192594885
Category : Law
Languages : en
Pages : 465
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Book Description
The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 110842421X
Category : Law
Languages : en
Pages : 641
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Book Description
Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.
Author: Wu Shicun
Publisher: Routledge
ISBN: 131781763X
Category : Law
Languages : en
Pages : 285
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Book Description
The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.
Author: Megan M. Draheim
Publisher: Oxford University Press, USA
ISBN: 0199687153
Category : Nature
Languages : en
Pages : 219
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Book Description
This is the first human-wildlife conflict (HWC) book to focus on the marine system, exploring the complexity of HWC in marine-based conservation through the 'Level of Conflict' model, a theoretical yet highly practical tool developed in the peace-building field.
Author: Lan Ngoc Nguyen
Publisher: Cambridge University Press
ISBN: 1108845630
Category : Law
Languages : en
Pages : 353
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Book Description
A critical assessment of how UNCLOS dispute settlement bodies develop the law the sea and factors that explain such development.
Author: Natalie Klein
Publisher: BRILL
ISBN: 9004689907
Category : Law
Languages : en
Pages : 175
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Book Description
What happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.
Author: Harry N. Scheiber
Publisher: BRILL
ISBN: 900448258X
Category : Law
Languages : en
Pages : 332
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Book Description
The last quarter century has witnessed vast changes in the governance of ocean space and resources. The keystone instrument in the new legal order is the 1982 UN Law of the Sea Convention, an agreement comprehensive in its scope that has provided the framework for further innovations in marine policy and ocean law. Accelerated change in the 1990s included the revision and the going-into-force of the 1982 Convention; and the conclusion of new international agreements on biodiversity, on the management of fishery stocks in international waters, and on marine navigation and safety. There has also been renewed impetus for regionalization of marine management and conservation efforts. These and other leading issues facing the global community today are the subjects of essays in this volume. The authors, acknowledged authorities in the field, offer fresh and searching reappraisals of how the 'common heritage' concepts in ocean law have been challenged by the contemporary crises in marine uses and ocean environment and resources. How national governments and international organizations have responded to urgent questions of ocean management is a major focus of these studies, and the book also provides important historical perspective on the doctrinal legacy of earlier ocean law. Emerging legal norms and the principles of law, new procedural mandates, the problems of implementation, and recent institutional developments in the international arena all receive attention in this timely and provocative work.
Author:
Publisher: DIANE Publishing
ISBN: 1457825198
Category :
Languages : en
Pages : 216
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Book Description
Author:
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 528
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Book Description
Includes articles on international business opportunities.
