The International Law of the Sea

Author: Donald R. Rothwell,Tim Stephens

Publisher: Bloomsbury Publishing

ISBN: 1782256857

Category: Law

Page: 528

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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 International Law of the Sea

Author: Yoshifumi Tanaka

Publisher: Cambridge University Press

ISBN: 1107009995

Category: Law

Page: 435

View: 5016

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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.

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

View: 4838

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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

India and UN Convention of 1982

Author: O. P. Sharma

Publisher: Oxford University Press, USA

ISBN: 9780198060000

Category: Law

Page: 357

View: 4610

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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.

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: 9610

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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.

Making the Law of the Sea

A Study in the Development of International Law

Author: James Harrison

Publisher: Cambridge University Press

ISBN: 1139496190

Category: Law

Page: N.A

View: 6099

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The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.

The Oxford Handbook of the Law of the Sea

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

Publisher: Oxford University Press, USA

ISBN: 019871548X

Category: Law

Page: 997

View: 2183

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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 Law of the Sea

Author: Robin Rolf Churchill,Alan Vaughan Lowe

Publisher: Manchester University Press

ISBN: 9780719029226

Category: Law

Page: 370

View: 8225

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Definitions for the Law of the Sea

Terms Not Defined by the 1982 Convention

Author: George K. Walker

Publisher: Martinus Nijhoff Publishers

ISBN: 9004211608

Category: Law

Page: 337

View: 862

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Definitions for the Law of the Sea elucidates undefined terms and phrases used in The United Nations Convention on the Law of the Sea (UNCLOS) itself, as well as terms used in its analysis. Based on nearly a decade of work by the American Branch of the International Law Association’s Law of the Sea Committee, the volume provides clear definitions based on usage in the Convention, rather than geographical or geological concepts.

International Law of the Sea

Current Trends and Controversial Issues

Author: Angela Del Vecchio

Publisher: Eleven International Pub

ISBN: 9789462360815

Category: Law

Page: 442

View: 6015

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In the last few decades, the law of the sea has been affected not only by the processes of globalisation that have changed the key interests of the international community but also by natural phenomena like climate change. In addition, technological advances that have opened up new opportunities to exploit marine resources and to produce energy and which make the sea in itself a resource, have contributed to a further development of the law of the sea. This book analyzes those areas of the law of the sea in which these transformations taking place seem to be more significant: migration by sea, the security of navigation and the fight against piracy, safety of navigation, protection of maritime labour, the legal framework governing the polar regions and some special issues relating to the harnessing of marine resources. This book offers a contribution to the study of the evolution of the law of the sea and will not fail to be of interest to academics in the field.

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

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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.

Maritime Security and the Law of the Sea

Author: Natalie Klein

Publisher: OUP Oxford

ISBN: 0191652857

Category: Law

Page: 384

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Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

Extraterritorial Immigration Control

Legal Challenges

Author: Bernhard Ryan,Valsamis Mitsilegas

Publisher: BRILL

ISBN: 9004172335

Category: Law

Page: 449

View: 2005

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This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.

Maritime Power and the Law of the Sea:

Expeditionary Operations in World Politics

Author: James Kraska

Publisher: Oxford University Press

ISBN: 019987767X

Category: Law

Page: 484

View: 2411

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In Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed. Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.

The South China Sea Disputes and Law of the Sea

Author: S. Jayakumar,Tommy Koh,Robert Beckman

Publisher: Edward Elgar Publishing

ISBN: 178347727X

Category: Law

Page: 296

View: 5963

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South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual

Jurisdiction over Ships

Post-UNCLOS Developments in the Law of the Sea

Author: Henrik Ringbom

Publisher: BRILL

ISBN: 9004303502

Category: Law

Page: 466

View: 4258

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Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. It assess the convention’s continued authority in view of the most recent developments in state practice.