Africa and the International Law of the Sea

A Study of the Contribution of the African States to the Third United Nations Conference on the Law of the Sea

Author: Nasila S. Rembe

Publisher: BRILL

ISBN: 9789028606395

Category: Law

Page: 251

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Antarctica & the Southern Ocean cover one-tenth of the earth's surface. In a legal & environmental sense, Antarctica represents the geography of hope. It is the freshest & most pristine of regions, governed by a legal regime that offers Antarctica & its circumpolar water the unique possibility of becoming the world's first global wilderness preserve. But in today's age of resource scarcity, Antarctica still provokes much political, economic & legal debate. Over the past decade, international attention has increasingly focused on the legal status of the continent, the potential for hydrocarbon exploitation offshore, & opportunities for harvesting circumpolar living marine resources. In this fascinating treatment, Christopher C. Joyner undertakes the first serious examination of the intimate relationship between Antarctica & the law of the sea. Using Antarctica as a case study, Joyner probes large conceptual issues of ocean law & politics. He uses the intricate details of oceanography & law to unravel the dynamics of the Antarctic Treaty System. In doing so, he examines how the changing importance of Antarctic issues has affected the development of the law of the sea for the region, the ways in which states define their national interests, & the accommodation through various negotations that have contributed to the development of law for governing the Southern Ocean. While the study of law for the Antarctic is provocative in itself, this work goes much farther. The study critically analyzes the region's biogeography, the condition of sovereignty on the continent, the lawfulness of asserting jurisdictional zones offshore, & various legal implications for Antarctica's continental shelf, local island groups, circumpolar deep seabed, & the Southern Ocean's high seas. Moreover, the special legal efforts by the international community to protect the Antarctic seas from marine pollution & to conserve its living marine resources are comprehensively appraised. Thorough, authoritative, & objectively reasoned, Antarctica & the Law of the Sea provides an insightful assessment of how law can progressively develop for a resource-rich region of the world's ocean. As such, it should appeal to a broad range of international lawyers & social scientists who are interested in international relations, political economy, environmental politics, & the law of the sea.

The International Law of the Sea

Author: Yoshifumi Tanaka

Publisher: Cambridge University Press

ISBN: 1107009995

Category: Law

Page: 435

View: 7754

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This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.

The International Tribunal for the Law of the Sea

Law and Practice

Author: P. Chandrasekhara Rao,Rahmatullah Khan

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116017

Category: Law

Page: 238

View: 9590

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This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.

The International Law of the Sea

Author: Donald R. Rothwell,Tim Stephens

Publisher: Bloomsbury Publishing

ISBN: 1782256857

Category: Law

Page: 528

View: 6164

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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 contemporary explanation 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 the many bilateral, regional and global agreements that supplement the Convention. The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. 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, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are 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, and the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification.

The Changing International Law of High Seas Fisheries

Author: Francisco Orrego Vicuña

Publisher: Cambridge University Press

ISBN: 9780521641937

Category: Law

Page: 338

View: 3831

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This book examines the international law of high seas fisheries in the light of the negotiations of the Third United Nations Conference on the Law of the Sea, the State and international practice that followed and its influence on the 1995 Straddling Stocks Agreement. This Agreement and related developments are discussed in detail, particularly in terms of the interactions with the Exclusive Economic Zone and the introduction of environmental perspectives that have led to major conceptual changes in the legal approach to fisheries and practical solutions in the field.

The International Law of the Sea

India and UN Convention of 1982

Author: O. P. Sharma

Publisher: Oxford University Press, USA

ISBN: 9780198060000

Category: Law

Page: 357

View: 5405

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The law of the sea has undergone more change in the last sixty years than in the previous four hundred. The United Nations Convention on the Law of the Sea, 1982 has introduced revolutionary changes and its provisions govern almost all the diverse uses of the oceans. Today all naval operations, in times of peace as well as war, are to be carried out within the framework of the Convention. It also has far reaching significance for maritime trade, both domestic and international. This lucid and comprehensive book examines all key aspects of the international law of the sea, bearing in mind India s concerns in particular. The author contends that the Convention s regime on navigation through the territorial sea, international straits, the exclusive economic zone, abatement and control of marine pollution, marine scientific research, and the international seabed area are fully in accord with the country s national interests. He explains the jurisdictional boundaries or functional divisions of the oceans into various maritime zones along with their military implications. He analyses concepts like ocean governance, the limitations on the freedom of the seas and the signal importance of maritime cooperation in various spheres of the law of the sea. He argues that the strategic challenge for the international community is to evolve a paradigm shift from competitive to cooperative security so that emerging threats like trans-national crimes and terrorism may be dealt with. This book also provides an overview of controversies and points of disagreement between various states. It discusses briefly some disputes that came before the International Court of Justice, the Law of the Sea Tribunal, and national courts, as well as their judgments. It clarifies what the legitimate use of ocean space in today s world is and what is not.

Digest of International Cases on the Law of the Sea

Author: United Nations. Division for Ocean Affairs and the Law of the Sea

Publisher: United Nations Publications

ISBN: 9789211337594

Category: Law

Page: 272

View: 4551

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This publication contains summaries of 33 cases dating from the late nineteenth century to the present which have been selected because they give an insight into the evolution of the law of the sea and the range of issues involved in this important aspect of international law. The cases selected include judgements given by the Permanent Court of International Justice, the Central American Court of Justice, the International Court of Justice and the International Tribunal for the Law of the Sea, as well as awards rendered by arbitral tribunals and a special commission.

Origin and Development Pf the Law of the Sea

History of International Law Revisited

Author: Ram Prakash Anand

Publisher: BRILL

ISBN: 9789024726172

Category: Law

Page: 249

View: 9749

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This work presents an in-depth analysis of the most complex of the many ocean boundary delimitation problems confronting neighboring states in the Pacific region. In each case the various factors influencing the parties to the dispute are examined in detail & alternative diplomatic options are compared. Special emphasis is given to the problems of Southeast Asia, East Asia, & the Northeast Pacific, but regional developments in the Southwest Pacific & the Central & Southeast Pacific are also discussed. The authors, who are prominent specialists in the field of ocean policy studies place their factor-and-option analysis of these difficult disputes within a multidisciplinary, 'functionalist' framework, & offer some original proposals for innovative ocean diplomacy that now seem realistic in light of recent improvements in the international political arena.

The Oxford Handbook of the Law of the Sea

Author: Donald R. Rothwell,Alex G. Oude Elferink,Karen N. Scott,Tim Stephens

Publisher: OUP Oxford

ISBN: 0191024643

Category: Law

Page: 850

View: 1891

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Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

The International Law of Fisheries

A Framework for Policy-Oriented Inquiries

Author: Douglas M. Johnston

Publisher: Martinus Nijhoff Publishers

ISBN: 9780898389029

Category: Law

Page: 554

View: 3341

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Antarctica is the last, most inhospitable frontier on earth, yet it presents a great number of unresolved conflicts between nations, individuals, environmentalists, scientists & business groups. The International Law of Antarctica addresses the crucial question of how international law can respond to claims that will certainly shape tomorrow's Antarctica. The author adopts a policy-oriented approach & focuses on the primary issue of determining the effective norms by which the process of value shaping & sharing develops in Antarctica, & to what extent such norms satisfy the prevailing aspirations of the world community. Where discrepancies are significant policies are proposed that may better meet such aspirations, as well as methods for their implementation. Part I of this study describes the social, power, & legal processes relating to Antarctica; reviews the geographic, technological, economic, & historical context in which these processes evolve, & how their special features affect such processes; & finally postulates the basic community policies with reference to which the process of claims & decisions in Antarctica are analyzed. Part II focuses on national claims to Antarctica by reviewing claims relating to the modes to establish exclusive appropriation of the area. Part III is a detailed examination of specific claims to Antarctica resources: claims to mineral & living resources, & claims relating to space-extension resources, namely, Antarctica sea & air space. It is concluded by an appraisal of the congruence of the existing order of Antarctica with the postulated basic policies, critically reviewing proposals for a new order, & advancing long-term & more immediate alternatives.

The Right of Hot Pursuit in International Law

Author: Nicholas M Poúlantzas

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041117861

Category: Law

Page: 451

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In three Parts the author examines the right of hot pursuit on land, in the international law of the sea, and in international air law. He critically analyzes the development of the right, its present status and position in the future. Hence, solutions are proposed to present problems of international law in connection with the right of hot pursuit, as well as to problems which may arise in the future. Thus, the doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. These extensively discussed developments include not only consideration of the right of hot pursuit in connection with guerilla warfare techniques and conflicts not amounting to war, but also all recent evolutions in the international law of the sea, including, inter alia, problems appertaining to fisheries, exploration and exploitation of the continental shelf, pirate radiostations, and pollution of the sea. In addition, the right of hot pursuit in international air law is examined in connection with all modern situations, for instance, recent interception techniques of intruding aircraft, contiguous air space limits, hi-jacking of aircraft and air piracy. This work is an extended and updated edition of the book first published in 1969.

Historic Waters in the Law of the Sea

A Modern Re-Appraisal

Author: Clive Ralph Symmons

Publisher: Martinus Nijhoff Publishers

ISBN: 9004163506

Category: Law

Page: 320

View: 9547

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This work reassesses the doctrine, and status, of historic waters in the law of the sea, particularly in the light of recent developments, such as in" Alaska v. US" (2005), which case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law on the topic, including matters such as burden of proof.

Reflections on the Contemporary Law of the Sea

Author: Helmut Tuerk

Publisher: Martinus Nijhoff Publishers

ISBN: 9004212574

Category: Law

Page: 211

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Reflections on the Contemporary Law of the Sea describes the development and the present state of the law of the sea, particularly in light of the 1982 United Nations Convention on the Law of the Sea, also drawing attention to some of the problems facing the international community.

The International Law of Maritime Boundaries and the Practice of States in the Mediterranean Sea

Author: Faraj Abdullah Ahnish

Publisher: Oxford University Press

ISBN: N.A

Category: Mathematics

Page: 415

View: 9386

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This two-part study examines the law governing maritime boundaries and their delimitation, with special attention being paid to the situation in the Mediterranean Sea. The first part of the work looks at the general principles of international law which operate in relation to maritime boundaries and attempts to elucidate a set of substantive rules of law which can be applied in all cases. The second part applies these rules to a number of important and problematic episodes involving boundary disputes in the Mediterranean Sea, in particular those which have centered upon enclosed and semi-enclosed areas. The work will be of particular value to lawyers concerned with law of the sea disputes especially those with a keen interest in the outcome of outstanding problems in the Mediterranean.

The Law of the Sea

Author: Robin Rolf Churchill,Alan Vaughan Lowe

Publisher: Manchester University Press

ISBN: 9780719029226

Category: Law

Page: 370

View: 8023

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A handbook on the new law of the sea. 1 (1991)

Author: René Jean Dupuy,Daniel Vignes

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792309246

Category: Law

Page: 1

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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 regime 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 regime governing underwater archaeological and historical objects.

United Nations Convention on the Law of the Sea, 1982

A Commentary

Author: Myron H. Nordquist,Shabtai Rosenne,Satya N. Nandan

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041100351

Category: Law

Page: 736

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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.