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Author: Mitja Grbec
Publisher: Routledge
ISBN: 1135115079
Category : Law
Languages : en
Pages : 347
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Book Description
The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.
Author: Mitja Grbec
Publisher: Routledge
ISBN: 1135115079
Category : Law
Languages : en
Pages : 347
Get Book Here
Book Description
The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.
Author: Tullio Scovazzi
Publisher: Kluwer Law International B.V.
ISBN: 9041111298
Category : Law
Languages : en
Pages : 300
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Book Description
In the last few years several States have established specially protected marine areas under their domestic legislation. At the international level the trend towards providing an increased protection to certain marine spaces has also been reflected in a number of treaties and declarations. This volume reviews the recent developments in the field of specially protected marine areas and preservation of the marine environment in general with particular emphasis on a specific region, the Mediterranean Sea. Special attention is devoted to the latter for three reasons. First, the regional framework for the protection of the environment in the Mediterranean (the so-called Barcelona system) has recently been updated and strengthened. Second, the Mediterranean is a typical example of the category of semi-enclosed seas where international cooperation between the bordering States should be particularly encouraged in various fields; this also explains why the scope of this book has been enlarged to also cover fisheries, a field which is closely connected to the sustainable development of marine areas. Last and least, the parochial inclination of the editor also influenced his choice. To complete the picture the relevant texts have been reproduced and a series of maps showing some specially protected marine areas have been drawn.
Author: Budislav Vukas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004138633
Category : Law
Languages : en
Pages : 369
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Book Description
Collection of 20 essays by the author, republished as initially written in English or French. They reflect the development of the author's views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea.
Author: Zou Keyuan
Publisher: Routledge
ISBN: 1000396150
Category : Political Science
Languages : en
Pages : 605
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Book Description
The Routledge Handbook of the South China Sea presents a comprehensive and in-depth analysis of South China Sea issues. It evaluates the dynamics of the latest developments and identifies factors that contribute to dispute settlement and a cooperative management regime of one of the most important seas in the world – one which not only contains rich marine resources and distinctive biodiversity but is also a critical sea route for global trade and communications. The Handbook is divided into six parts, each representing a focused area of enquiry: • History and geostrategic landscape • Sovereignty and maritime entitlements • South China Sea policies of major claimants • Natural resources and environment • Cooperation and institutions • Challenges and prospects Written by world-renowned experts and scholars, with specialisms from geography to international law, the volume’s 25 chapters contribute interdisciplinary perspectives, reflecting the impact of how South China Sea policies are shaped by national governments and international organizations. As such, the Handbook provides an authoritative reference to South China Sea Studies, useful for students and scholars of international relations, history, maritime and Asian studies.
Author: Dr Shicun Wu
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409499251
Category : Political Science
Languages : en
Pages : 292
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Book Description
Maritime security is of vital importance to the South China Sea, a critical sea route for maritime transport of East Asian countries including China. The adjacent countries have rendered overlapping territorial and/or maritime claims in the South China Sea which complicate the situation of maintaining maritime security and developing regional cooperation there. This book focuses on contemporary maritime security in the South China Sea as well as its connected sea area, the Straits of Malacca and Singapore. It identifies and examines selected security issues concerning the safety of navigation, crackdown on transnational crimes including sea piracy and maritime terrorism, and conflict prevention and resolution. In the context of non-traditional security, issues such as maritime environmental security and search and rescue at sea are included. The book explores ways and means of international cooperation in dealing with these maritime security issues.
Author: Nilufer Oral
Publisher: Martinus Nijhoff Publishers
ISBN: 9004250867
Category : Law
Languages : en
Pages : 321
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Book Description
In Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices. The book provides a thorough review of the complex modern challenges related to the Black Sea, with particular emphasis on biodiversity, fisheries, land-based pollution and vessel-based sources of pollution. A history of regional co-operation in the Black Sea offers an enlightening comparison to the development of regional co-operation in international law, in particular, to Part IX of the 1982 United Nations (Montego Bay) Convention on the Law of the Sea. Further comparative analyses, such as the existing regional regime of the Black Sea as established under the 1992 UNEP Regional Seas Programme, and selected regional seas programmes, including the acquis communautaire of the European Union, cohere into a firm foundation of present findings, upon which basis the author makes recommendations for the future. All those interested in the Law of the Sea, international environmental law, and fisheries management will find a critical new text in Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea.
Author: David Attard
Publisher: OUP Oxford
ISBN: 0191509949
Category : Law
Languages : en
Pages : 883
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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: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792310631
Category : Law
Languages : en
Pages : 894
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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 Conferences 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.
Author: Nien-Tsu Alfred Hu
Publisher: Routledge
ISBN: 1317967402
Category : History
Languages : en
Pages : 189
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Book Description
South China Sea (SCS) issues are complex and dynamic, ranging from historic claims to present day military occupation, from military security to regional stability, from rhetorical appeasements to national interests, from intraregional competition to extraregional involvement. The submissions made in 2009 by several Southeast Asian states to the United Nations Commission on the Limits of the Continental Shelf (CLCS) respecting outer limits of extended continental shelves beyond 200 nautical miles in the South China Sea resulted in renewed attention to the maritime disputes over the insular features and the waters of the South China Sea among several claimant States. Questions have resurfaced about the future of cooperation in the region. Furthermore, the improvement of cross-Strait relations between Taiwan and China after 2008 has added a new element to the evolution of South China Sea issues. This book describes these recent developments in depth and provides an examination of possible future developments in the South China Sea. The articles in this book were originally published as special sections in Ocean Development & International Law.
Author: Rainer Lagoni
Publisher: BRILL
ISBN: 9047418344
Category : Law
Languages : en
Pages : 254
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Book Description
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
