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Author: International Court of Justice
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 528
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Book Description
Author: International Court of Justice
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 528
Get Book Here
Book Description
Author: José Antonio de Yturriaga
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103659
Category : Law
Languages : en
Pages : 352
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Book Description
Until recently, the international community failed to adopt either an agreed limit for the breadth of the territorial sea or a satisfactory regime of fisheries in the waters adjacent to the territorial sea. This provoked an eruption of unilateral acts by which coastal states extended their jurisdiction towards the high seas. The Third U.N. Conference on the Law of the Sea accepted the establishment of a 12-mile territorial sea and a 200-mile exclusive economic zone. While taking into account the non-existent rights and interests of the so-called geographically disadvantaged states and of states with broad continental shelves, the 1982 Convention on the Law of the Sea practically ignored existing rights and interests of habitual fishing states. It maintained the well-established principle of freedom of fishing on the high seas but with specific conditions. Dissatisfied with the Convention's regulation of fishing on the high seas, a few states elected to hold a U.N. Conference on Straddling and Highly Migratory Fish Stocks which adopted the 1995 Agreement for the implementation of the provisions of the Convention relating to the conservation and management of such stocks. Similarly, some of these states, like Chile, Argentina, and Canada, adopted legislation extending their jurisdiction beyond their respective 200-mile fishing or exclusive economic zones. This book explores these events in the historical development of the international regulations of fisheries and concludes with a look into recent developments in the area.
Author: Krystyna Marek
Publisher: BRILL
ISBN: 9789024718023
Category : Law
Languages : en
Pages : 724
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Book Description
A digest of the decisions of the Intern. Court. - v.2.
Author: Marek
Publisher: Martinus Nijhoff Publishers
ISBN: 900463990X
Category : Business & Economics
Languages : en
Pages : 739
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Book Description
Author: Bimal N. Patel
Publisher: BRILL
ISBN: 9004481230
Category : Business & Economics
Languages : en
Pages : 950
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Book Description
A single-volume comprehensive overview of procedural aspects of the jurisprudence of the World Court, this work offers: - Statements of initial claims, counter-claims of the contentious cases and questions submitted for the advisory opinions; - Summarised details of all orders, the duration of the oral and written proceedings and coverage of requests for extension of time-limits; - Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, composition of the Court and declarations and opinions of its Members; - Systematic reference on legal instruments such as the Covenant of the League of Nations, the UN Charter, the PCIJ and ICJ Statutes, the Rules of Court, the Arbitral Awards, PCIJ and ICJ case-law, Treaties and inter(national) legal sources; - Coverage of information on litigation teams (agents, counsels, advocates, experts, advisers, etc.); - Indexes containing all versions of the PCIJ and the ICJ Rules of Court, League Covenant, UN Charter, Arbitral Awards, PCIJ and ICJ case-law and Treaties. - The Guide will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. "I often find it important to be able to see at a glance what a case was about, what the Court decided, and who were the personalities involved in every phase of a case, as judges and as agents and counsel. This book aims to meet that requirement. There is also a practical side to this, in light of the Court's wish, in Practice Directions VII and VIII, to introduce different `cooling off periods' for different personalities connected with the Court's judicial work. [...] For the practitioner and for the student the most important parts of this book are the indexes to the Statute and the Rules of Court and the lists of treaties and other legal instruments cited." - From the Introduction by Shabtai Rosenne
Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041100351
Category : Law
Languages : en
Pages : 742
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Book Description
Volume III is the fourth substantive volume to be published in this series, covering articles 86 to 132 of the 1982 Convention. These articles address the issue of States' rights and jurisdiction in maritime areas beyond the limits of national jurisdiction (with the exception of the international seabed area), as well as the regime to be applied to islands, in enclosed and semi-enclosed seas, and with the access of landlocked States to and from the sea. Volume III is a direct continuation of Volume II, which deals with maritime areas under the sovereignty of jurisdiction of a State, and completes the commentary on the provisions of the Convention negotiated under the auspices of the Second Committee at UNCLOS III. The work of the Second Committee was an integrated whole, and the unity of the theme has been spread over two volumes solely as a matter of convenience. A number of documentary annexes have been included in this volume.
Author: Hanqin Xue
Publisher: BRILL
ISBN: 9004342761
Category : Law
Languages : en
Pages : 262
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Book Description
The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
Author: Taslim Olawale Elias
Publisher: BRILL
ISBN: 9789028600393
Category : Law
Languages : en
Pages : 292
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Book Description
Author: Andreas Zimmermann
Publisher: Oxford University Press
ISBN: 0192546481
Category : Law
Languages : en
Pages : 2017
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Book Description
This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.
Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9004639187
Category : Law
Languages : en
Pages : 881
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Book Description
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.
