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.

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

Get Book

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.

Law of the Sea

Law of the Sea PDF Author: Jill Barrett
Publisher: British Institute for International & Comparative Law
ISBN: 9781905221523
Category : Law of the sea
Languages : en
Pages : 0

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Book Description
"The British Institute of International and Comparative Law (BIICL) organized the 'UNCLOS at 30' conference on 22-23 November 2012 in Belfast, which inspired the launching of this book project. All of the contributing authors spoke at the conference...and most of their chapters have evolved from their presentations"--Page vii.

The Law of the Sea and Climate Change

The Law of the Sea and Climate Change PDF Author: Elise Johansen
Publisher: Cambridge University Press
ISBN: 1108842267
Category : Business & Economics
Languages : en
Pages : 463

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Book Description
Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.

The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea PDF Author: Donald Rothwell
Publisher: Oxford Handbooks in Law
ISBN: 019871548X
Category : Law
Languages : en
Pages : 1073

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Book Description
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. ThisOxford 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. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Law of the Sea in South East Asia

Law of the Sea in South East Asia PDF Author: Donald R Rothwell
Publisher: Routledge
ISBN: 0429664966
Category : Law
Languages : en
Pages : 323

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Book Description
The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

The Development of the Law of the Sea Convention

The Development of the Law of the Sea Convention PDF Author: Øystein Jensen
Publisher: Edward Elgar Publishing
ISBN: 1839104260
Category : Law
Languages : en
Pages : 296

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Book Description
The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.

The Future of the Law of the Sea

The Future of the Law of the Sea PDF Author: Leo J. Bouchez
Publisher: Springer
ISBN: 9401194858
Category : Law
Languages : en
Pages : 174

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Book Description
It is no surprise that the subject "The Future of the Law of the Sea" meets with special interest in the Netherlands. "The sea is our element, the roaring sea our glory," as the old folksong says. For a nation whose and prosperity are so closely connected with the sea, it is of the fate utmost importance to which regime the nations that border upon, sail and exploit the sea are subjected. Until recently nobody worried about the legal regime of the sea. The principle of the freedom of the sea, since Hugo Grotius one of the strongest, hardly assailable, principles of inter national law, was it not of paramount importance for the Netherlands? Since the Second World War this security does not exist any more. International Law is shaken in its foundations. This law, once anchored in the sense of justice of the then leading nations, which certainly did not think similarly, but to a certain extent along the same lines, has been shaken by the development of groups which no longer accept these rules as the guiding principle of their actions. The alarmingly scant willingness among the younger nations to accept the compulsory jurisdiction of the International Court, and the scarce assignments conferred to that Court, bear witness to this crisis. More and more International Law is traversed by economical, sociological, political and power factors which are pushing aside the conceptions of law once considered stable.

Mexico and the Law of the Sea

Mexico and the Law of the Sea PDF Author: Jorge A. Vargas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206205
Category : Law
Languages : en
Pages : 571

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Book Description
Mexico and the Law of the Sea: Contributions and Compromises examines Mexico’s legal work at the Third UN Conference on the Law of the Sea; its involvement at the regional Latin American meetings of Montevideo, Lima and Santo Domingo; and its current domestic legislation, in particular the Federal Oceans Act of 1986.

Stability and Change in the Law of the Sea: The Role of the LOS Convention

Stability and Change in the Law of the Sea: The Role of the LOS Convention PDF Author: Alex G. Oude Elferink
Publisher: BRILL
ISBN: 9047416163
Category : Law
Languages : en
Pages : 268

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Book Description
This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.

The International Law of the Sea

The International Law of the Sea PDF Author: Donald R Rothwell
Publisher: Bloomsbury Publishing
ISBN: 1509958398
Category : Law
Languages : en
Pages : 864

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Book Description
Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description 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 comprehensive assessment 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 many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. 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, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues 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, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.