Atoll Island States and International Law

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642381863
Total Pages : 318 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Atoll Island States and International Law by : Lilian Yamamoto

Download or read book Atoll Island States and International Law written by Lilian Yamamoto and published by Springer Science & Business Media. This book was released on 2013-10-25 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.

Disappearing Island States in International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004303014
Total Pages : 504 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Disappearing Island States in International Law by : Jenny Grote Stoutenburg

Download or read book Disappearing Island States in International Law written by Jenny Grote Stoutenburg and published by BRILL. This book was released on 2015-07-28 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.

Small Island States & International Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000812057
Total Pages : 289 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Small Island States & International Law by : Carolin König

Download or read book Small Island States & International Law written by Carolin König and published by Taylor & Francis. This book was released on 2022-12-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.

Threatened Island Nations

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Publisher : Cambridge University Press
ISBN 13 : 1107025761
Total Pages : 661 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Threatened Island Nations by : Michael B. Gerrard

Download or read book Threatened Island Nations written by Michael B. Gerrard and published by Cambridge University Press. This book was released on 2013-01-21 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.

International Law and Sea Level Rise

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Author :
Publisher : BRILL
ISBN 13 : 9004398198
Total Pages : 92 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Law and Sea Level Rise by : Davor Vidas

Download or read book International Law and Sea Level Rise written by Davor Vidas and published by BRILL. This book was released on 2019-03-27 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.

International Status in the Shadow of Empire

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Publisher : Cambridge University Press
ISBN 13 : 1108498507
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Status in the Shadow of Empire by : Cait Storr

Download or read book International Status in the Shadow of Empire written by Cait Storr and published by Cambridge University Press. This book was released on 2020-09-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.

Handbook on Climate Change and Disasters

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371616
Total Pages : 711 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Handbook on Climate Change and Disasters by : Shaw, Rajib

Download or read book Handbook on Climate Change and Disasters written by Shaw, Rajib and published by Edward Elgar Publishing. This book was released on 2022-10-13 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook assesses the escalation of global natural disasters as a result of climate change. Examining the complex interplay of human and natural activities, it highlights the growing vulnerability of people and communities in developing countries to floods, landslides, cyclones, heat waves and wildfires.

Litigating Transnational Human Rights Obligations

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Author :
Publisher : Routledge
ISBN 13 : 1135121125
Total Pages : 388 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Litigating Transnational Human Rights Obligations by : Mark Gibney

Download or read book Litigating Transnational Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2013-10-30 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

Digest of United States Practice in International Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 1832 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Digest of United States Practice in International Law by :

Download or read book Digest of United States Practice in International Law written by and published by . This book was released on with total page 1832 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Chagos Islanders and International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254757
Total Pages : 545 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Chagos Islanders and International Law by : Stephen Allen

Download or read book The Chagos Islanders and International Law written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1965, the UK excised the Chagos Islands from the colony of Mauritius to create the British Indian Ocean Territory (BIOT) in connection with the founding of a US military facility on the island of Diego Garcia. Consequently, the inhabitants of the Chagos Islands were secretly exiled to Mauritius, where they became chronically impoverished. This book considers the resonance of international law for the Chagos Islanders. It advances the argument that BIOT constitutes a 'Non-Self-Governing Territory' pursuant to the provisions of Chapter XI of the UN Charter and for the wider purposes of international law. In addition, the book explores the extent to which the right of self-determination, indigenous land rights and a range of obligations contained in applicable human rights treaties could support the Chagossian right to return to BIOT. However, the rights of the Chagos Islanders are premised on the assumption that the UK possesses a valid sovereignty claim over BIOT. The evidence suggests that this claim is questionable and it is disputed by Mauritius. Consequently, the Mauritian claim threatens to compromise the entitlements of the Chagos Islanders in respect of BIOT as a matter of international law. This book illustrates the ongoing problems arising from international law's endorsement of the territorial integrity of colonial units for the purpose of decolonisation at the expense of the countervailing claims of colonial self-determination by non-European peoples that inhabited the same colonial unit. The book uses the competing claims to the Chagos Islands to demonstrate the need for a more nuanced approach to the resolution of sovereignty disputes resulting from the legacy of European colonialism.

Research Handbook on Climate Change, Oceans and Coasts

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112237
Total Pages : 533 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Climate Change, Oceans and Coasts by : Jan McDonald

Download or read book Research Handbook on Climate Change, Oceans and Coasts written by Jan McDonald and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical Research Handbook examines the legal intersections of climate change, oceans and coasts across multiple scales and sectors, covering different geographies and regions. With expert contributions from Europe, Australasia, the Pacific, North America and Asia, it includes insightful chapters on issues ranging across the impacts of climate change on marine and coastal environments. It assesses institutional responses to climate change in ocean and marine governance regimes, adaptation to climate impacts on ocean and coastal systems and communities, and climate change mitigation in marine and coastal environments. Through a plurality of voices, disciplinary and geographical perspectives, this Research Handbook explores cross-cutting themes of institutional complexity, fragmentation, scale and design trade-offs.

Baselines under the International Law of the Sea

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Publisher : BRILL
ISBN 13 : 9004398147
Total Pages : 185 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Baselines under the International Law of the Sea by : Coalter G. Lathrop

Download or read book Baselines under the International Law of the Sea written by Coalter G. Lathrop and published by BRILL. This book was released on 2019-03-27 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.

The Regime of Islands Reframed

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Publisher : BRILL
ISBN 13 : 9004449477
Total Pages : 132 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Regime of Islands Reframed by : Clive Schofield

Download or read book The Regime of Islands Reframed written by Clive Schofield and published by BRILL. This book was released on 2021-02-08 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.

Islands and International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509955445
Total Pages : 328 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Islands and International Law by : Donald R Rothwell

Download or read book Islands and International Law written by Donald R Rothwell and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world's leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.

Humans on the Move

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Publisher : BRILL
ISBN 13 : 9004298886
Total Pages : 253 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Humans on the Move by : Grant Dawson

Download or read book Humans on the Move written by Grant Dawson and published by BRILL. This book was released on 2021-12-06 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Human Mobility and Climate Change, Grant Dawson and Rachel Laut examine the sufficiency of legal frameworks to address human movement relating to climate change impacts and the progressive transition to a more adaptive approach.

Peaceful Maritime Engagement in East Asia and the Pacific Region

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Author :
Publisher : BRILL
ISBN 13 : 9004518622
Total Pages : 472 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Peaceful Maritime Engagement in East Asia and the Pacific Region by :

Download or read book Peaceful Maritime Engagement in East Asia and the Pacific Region written by and published by BRILL. This book was released on 2022-12-28 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peaceful Maritime Engagement in East Asia and the Pacific Region includes contributions from the most influential figures in the law of the sea to provide context and direction for developing maritime governance in East Asia and the Pacific Ocean. Peaceful management of disputes includes cooperation over deep seabed mining, negotiations for a legally binding instrument on biodiversity beyond national jurisdiction, contending approaches to baselines and East Asia maritime boundary disputes, freedom of navigation and maritime law enforcement. Chapters also explore new interpretations for preservation of the marine environment and the special problems posed by marine plastics and nexus between the ocean and climate change.

The Concept of Climate Migration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431734
Total Pages : 391 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Concept of Climate Migration by : Benoît Mayer

Download or read book The Concept of Climate Migration written by Benoît Mayer and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration. It identifies the essential angles on climate migration – the humanitarian narrative, the migration narrative and the climate change narrative – and assesses their prospects. The author contends that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. He discusses how the weaknesses of the concept of “climate migration” are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.