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Author : Barbara Kwiatkowska
Publisher : IBRU
ISBN 13 : 1897643497
Total Pages : 50 pages
Book Rating : 4.8/5 (976 download)
Download or read book The Qatar V. Bahrain Maritime Delimitation and Territorial Questions Case written by Barbara Kwiatkowska and published by IBRU. This book was released on 2003 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Kolb
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041119766
Total Pages : 1208 pages
Book Rating : 4.1/5 (197 download)
Download or read book Case Law on Equitable Maritime Delimitation written by Robert Kolb and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a complete overview of the jurisprudence on maritime delimitation. Each case is presented under a series of identical headings, so as simultaneously to provide the reader with a complete analysis of the individual case and a uniform measure of comparison with other cases. The headings are as follows: geographical context; submissions and arguments of the parties; specific features of the case; the judgement, broken down into its various elements; individual and dissenting opinions; and academic comment (together with a bibliography). The longest section on each case is that devoted to the judgement. The analysis of each relevant element (the role of third States, equity, equidistance, the displacement of a provisional line, islands, proportionality etc.) is presented in three ways: (1) a brief introductory part introducing, and offering a critique of, the essential features of the relevant part of the decision; (2) relevant extracts from the judgement; (3) commentaries (either brief or more developed, according to the needs of the case), that endeavour to bring out the substance of the judgement, in particular by drawing out the various consequences, making connections with previous and future cases so as to chart the development of the jurisprudence, and offering critical reflections. The book thus presents a complete panorama of the jurisprudential problems associated with maritime delimitation. The clarity and comprehensive nature of the presentation, and the quality of the commentaries, makes it an indispensable reference work for academics and for practitioners alike.
Author : Géraldine Giraudeau
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900422923X
Total Pages : 557 pages
Book Rating : 4.0/5 (42 download)
Download or read book Les différends territoriaux devant le juge international written by Géraldine Giraudeau and published by Martinus Nijhoff Publishers. This book was released on 2012-12-03 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitral and judicial decisions dealing with territorial land and maritime disputes bear the mark of compromising. They draw boundaries situated between the respective pretentions of the parties and ensure an equitable share of spaces and resources. This phenomenon of compromising symptomatically appears in the jurisprudence dealing with territorial disputes, because of their specific nature, and the geostrategic, economic and emotional factors at stake. It is also due to the remarkable flexibility of applicable norms and principles, which provides a vast power of appreciation to the judge. This study enhances how the content of the decisions is used in order to reach a balanced solution and demonstrates that the international judge focuses on peacekeeping considerations. Les décisions arbitrales et judiciaires relatives aux différends territoriaux terrestres et maritimes sont marquées par une tendance transactionnelle. Elles consacrent des tracés frontaliers situés entre les revendications respectives des parties et assurent plus globalement un équitable partage des espaces et des ressources. Ce phénomène de compromis s’exprime symptomatiquement dans la jurisprudence relative aux différends territoriaux en raison de la nature de ces litiges et de leurs enjeux géostratégique, économique et émotionnel. Il est aussi dû à la particulière flexibilité des règles et des principes applicables. Cette étude témoigne de l’instrumentalisation qui est faite du contenu des décisions juridictionnelles au profit de solutions équilibrées et démontre que le juge international est avant tout tourné vers la mission pacificatrice de son office.
Author : Massimo Lando
Publisher : Cambridge University Press
ISBN 13 : 110849739X
Total Pages : 435 pages
Book Rating : 4.1/5 (84 download)
Download or read book Maritime Delimitation as a Judicial Process written by Massimo Lando and published by Cambridge University Press. This book was released on 2019-06-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Author : Yoshifumi Tanaka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912096
Total Pages : 615 pages
Book Rating : 4.5/5 (99 download)
Download or read book Predictability and Flexibility in the Law of Maritime Delimitation written by Yoshifumi Tanaka and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.
Author : Angela Del Vecchio
Publisher : Springer
ISBN 13 : 3030107736
Total Pages : 437 pages
Book Rating : 4.0/5 (31 download)
Download or read book Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals written by Angela Del Vecchio and published by Springer. This book was released on 2019-04-25 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.
Author : International Court of Justice
Publisher :
ISBN 13 : 9789210707671
Total Pages : 7 pages
Book Rating : 4.7/5 (76 download)
Download or read book Affaire de la délimitation maritime et des questions territoriales entre Qatar et Bahreïn written by International Court of Justice and published by . This book was released on 1998 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Intl. Tribunal for the Law of the Sea
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004257179
Total Pages : 763 pages
Book Rating : 4.0/5 (42 download)
Download or read book Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnances, Volume 12 (2012) written by Intl. Tribunal for the Law of the Sea and published by Martinus Nijhoff Publishers. This book was released on 2013-10-14 with total page 763 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons). The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. This volume contains the texts of the judicial decisions rendered by the Tribunal in the year 2012 in English and French. Le Tribunal international du droit de la mer est un organe judiciaire indépendant créé par la Convention des Nations Unies sur le droit de la mer pour connaître des différends relatifs à l'interprétation et l'application de la Convention. Le Tribunal est ouvert aux Etats Parties à la Convention et, dans certains cas, à des entités autres que les Etats Parties (telles que des organisations internationales et des personnes physiques et morales). La compétence du Tribunal s'étend à tous les différends qui lui sont soumis conformément à la Convention. Elle s'étend également à toutes les matières expressément prévues dans tout autre accord conférant compétence au Tribunal. Le présent volume contient le texte en français et en anglais des décisions rendues par le Tribunal au cours de l’année 2012.
Author : Stefan Talmon
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256172
Total Pages : 237 pages
Book Rating : 4.7/5 (822 download)
Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.
Author : Abdulqawi A. Yusuf
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004138722
Total Pages : 786 pages
Book Rating : 4.0/5 (41 download)
Download or read book African Yearbook of International Law / Annuaire Africain de Droit International, Volume 10 (2002) written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. "The African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.
Author : A. A. Yusuf
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041110558
Total Pages : 458 pages
Book Rating : 4.1/5 (15 download)
Download or read book African Yearbook of International Law, 1997 written by A. A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 1998-07-30 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "African Yearbook of International Law" offers systematic analyses and scientific dissection of international law issues as they apply to Africa and Africa's contribution to the progressive development of international law. It contributes to the promotion and acceptance of and respect for the principles of international law, and encourages the teaching, study, dissemination and wider appreciations of international law in Africa. Each volume of the African Yearbook of International Law contains: - general articles; - articles that center on a special theme; - notes and commentaries; - book reviews; - basic documents; and - a comprehensive index. The "African Yearbook of International Law" addresses the tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity, and nation-building. Development, human rights, and democratization in Africa also receive thorough attention and examination. The "African Yearbook of International Law" sheds light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The Special Theme of this volume is Civil Conflicts in Africa (Part II)/ Les conflits internes en Afrique (2eme Partie).
Author : Nisuke Ando
Publisher : BRILL
ISBN 13 : 9004531165
Total Pages : 825 pages
Book Rating : 4.0/5 (45 download)
Download or read book Liber Amicorum Judge Shigeru Oda written by Nisuke Ando and published by BRILL. This book was released on 2023-03-13 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).
Author : Jorge E. Viñuales
Publisher : BRILL
ISBN 13 : 9004509429
Total Pages : 1083 pages
Book Rating : 4.0/5 (45 download)
Download or read book The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI written by Jorge E. Viñuales and published by BRILL. This book was released on 2023-11-13 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
ISBN 13 : 1316516881
Total Pages : 683 pages
Book Rating : 4.3/5 (165 download)
Download or read book The International Law of the Sea written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2023-02-28 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides clear, systematic and comprehensive coverage of fundamental and contemporary issues of the law of the sea.
Author : Serena Forlati
Publisher : Springer
ISBN 13 : 3319061798
Total Pages : 239 pages
Book Rating : 4.3/5 (19 download)
Download or read book The International Court of Justice written by Serena Forlati and published by Springer. This book was released on 2014-06-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
Author : Makarczyk
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004639713
Total Pages : 1010 pages
Book Rating : 4.0/5 (46 download)
Download or read book Theory of International Law at the Threshold of the 21st Century written by Makarczyk and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.
Author : ITLOS
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004272542
Total Pages : 577 pages
Book Rating : 4.0/5 (42 download)
Download or read book Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnances, Volume 13 (2013) written by ITLOS and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons). The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. This volume contains the texts of the judicial decisions rendered by the Tribunal in the year 2013 in English and French. Le Tribunal international du droit de la mer est un organe judiciaire indépendant créé par la Convention des Nations Unies sur le droit de la mer pour connaître des différends relatifs à l'interprétation et l'application de la Convention. Le Tribunal est ouvert aux Etats Parties à la Convention et, dans certains cas, à des entités autres que les Etats Parties (telles que des organisations internationales et des personnes physiques et morales). La compétence du Tribunal s'étend à tous les différends qui lui sont soumis conformément à la Convention. Elle s'étend également à toutes les matières expressément prévues dans tout autre accord conférant compétence au Tribunal. Le présent volume contient le texte en français et en anglais des décisions rendues par le Tribunal au cours de l’année 2013.
