The Legal Regime of Straits

The Legal Regime of Straits PDF 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.

The Legal Regime of Straits

The Legal Regime of Straits PDF Author: Hugo Caminos
Publisher: Cambridge University Press
ISBN: 1316060608
Category : Law
Languages : en
Pages : 531

Get Book Here

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.

The Future of the Law of the Sea

The Future of the Law of the Sea PDF Author: Gemma Andreone
Publisher: Springer
ISBN: 3319512749
Category : Law
Languages : en
Pages : 278

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Book Description
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

Excessive Maritime Claims

Excessive Maritime Claims PDF Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217738
Category : Law
Languages : en
Pages : 998

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Book Description
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

The Åland Strait

The Åland Strait PDF Author: Pirjo Kleemola-Juntunen
Publisher: BRILL
ISBN: 9004364188
Category : Law
Languages : en
Pages : 183

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Book Description
Based on author's thesis (doctoral - University of Lapland, 2014) issued under title: Passage rights in international law: a case study of the territorial waters of the êAland Islands.

Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea

Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea PDF Author: Haijiang Yang
Publisher: Springer Science & Business Media
ISBN: 3540331921
Category : Law
Languages : en
Pages : 294

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Book Description
The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.

Regulation on Navigation of Foreign Vessels

Regulation on Navigation of Foreign Vessels PDF Author: Ted L. McDorman
Publisher: Brill Nijhoff
ISBN: 9789004396265
Category : Law of the sea
Languages : en
Pages : 0

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Book Description
This edited book, Regulation on Navigation of Foreign Vessels: Asia-Pacific State Practice, is a collection of country papers focused on one of the more contentious and diverse subject areas of the international law of the sea - foreign vessel rights of navigation in national waters.

International Straits

International Straits PDF Author: Ana G. López Martín
Publisher: Springer Science & Business Media
ISBN: 3642129064
Category : Law
Languages : en
Pages : 239

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Book Description
The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.

The Law of Nations

The Law of Nations PDF Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668

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Book Description


The Free Sea

The Free Sea PDF Author: James Kraska
Publisher: Naval Institute Press
ISBN: 1682471179
Category : History
Languages : en
Pages : 218

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Book Description
The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.

The Freedom of the Seas; Or, The Right which Belongs to the Dutch to Take Part in the East Indian Trade

The Freedom of the Seas; Or, The Right which Belongs to the Dutch to Take Part in the East Indian Trade PDF Author: Hugo Grotius
Publisher: New York: Oxford University Press
ISBN:
Category : Freedom of the seas
Languages : la
Pages : 190

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Book Description