Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)

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Book Synopsis Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction by : Irina Buga

Download or read book Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction written by Irina Buga and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Modification of Treaties by Subsequent Practice

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Publisher : Oxford University Press
ISBN 13 : 0191091901
Total Pages : 481 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Modification of Treaties by Subsequent Practice by : Irina Buga

Download or read book Modification of Treaties by Subsequent Practice written by Irina Buga and published by Oxford University Press. This book was released on 2018-04-04 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.

Modification of Treaties by Subsequent Practice

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Publisher : Oxford University Press
ISBN 13 : 019109191X
Total Pages : 514 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Modification of Treaties by Subsequent Practice by : Irina Buga

Download or read book Modification of Treaties by Subsequent Practice written by Irina Buga and published by Oxford University Press. This book was released on 2018-04-04 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.

Stability And Change in the Law of the Sea

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900414613X
Total Pages : 269 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Stability And Change in the Law of the Sea by : Alex G. Oude Elferink

Download or read book Stability And Change in the Law of the Sea written by Alex G. Oude Elferink and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Change in the Law of the Sea

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Publisher : BRILL
ISBN 13 : 9004508554
Total Pages : 371 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Change in the Law of the Sea by : Rozemarijn J. Roland Holst

Download or read book Change in the Law of the Sea written by Rozemarijn J. Roland Holst and published by BRILL. This book was released on 2022-02-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.

New Knowledge and Changing Circumstances in the Law of the Sea

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Publisher : BRILL
ISBN 13 : 9004437754
Total Pages : 498 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis New Knowledge and Changing Circumstances in the Law of the Sea by : Tomas Heidar

Download or read book New Knowledge and Changing Circumstances in the Law of the Sea written by Tomas Heidar and published by BRILL. This book was released on 2020-09-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

Regime Interaction in Ocean Governance

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Publisher : BRILL
ISBN 13 : 9004422102
Total Pages : 252 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Regime Interaction in Ocean Governance by : Seline Trevisanut

Download or read book Regime Interaction in Ocean Governance written by Seline Trevisanut and published by BRILL. This book was released on 2020-06-08 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies problems raised by regime interaction in ocean governance, discusses relevant theoretical approaches and explores possible solutions. It ultimately highlights how regime interaction can also contribute to better ocean governance.

The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies

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Publisher : Cambridge University Press
ISBN 13 : 1108845630
Total Pages : 353 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies by : Lan Ngoc Nguyen

Download or read book The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies written by Lan Ngoc Nguyen and published by Cambridge University Press. This book was released on 2023-01-31 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment of how UNCLOS dispute settlement bodies develop the law the sea and factors that explain such development.

The International Law of the Sea

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Publisher : Cambridge University Press
ISBN 13 : 1316516881
Total Pages : 683 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The International Law of the Sea by : Yoshifumi Tanaka

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.

The law of the sea

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Publisher : Manchester University Press
ISBN 13 : 1526116294
Total Pages : 827 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The law of the sea by : Robin Churchill

Download or read book The law of the sea written by Robin Churchill and published by Manchester University Press. This book was released on 2022-05-10 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea. This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.

China’s Law of the Sea

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Publisher : Yale University Press
ISBN 13 : 0300271549
Total Pages : 480 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis China’s Law of the Sea by : Isaac B. Kardon

Download or read book China’s Law of the Sea written by Isaac B. Kardon and published by Yale University Press. This book was released on 2023-03-28 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth examination of the law and geopolitics of China’s maritime disputes and their implications for the rules of the international law of the sea China’s Law of the Sea is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order—specifically, the international law of the sea. Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China’s leaders have begun to implement “China’s law of the sea”: building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China’s preferred maritime rules on the water and in the diplomatic arena. Isaac B. Kardon examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order.

Unconventional Lawmaking in the Law of the Sea

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Publisher : Oxford University Press
ISBN 13 : 0192897829
Total Pages : 465 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Unconventional Lawmaking in the Law of the Sea by : Natalie Klein

Download or read book Unconventional Lawmaking in the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea

The South China Sea Dispute as International Law and Politics

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Publisher : BRILL
ISBN 13 : 9004696350
Total Pages : 285 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The South China Sea Dispute as International Law and Politics by : Youngmin Seo

Download or read book The South China Sea Dispute as International Law and Politics written by Youngmin Seo and published by BRILL. This book was released on 2024-04-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digging deep into the fields of international law (IL) and international relations (IR) theory, this book offers a groundbreaking interdisciplinary exploration of legal solutions to the South China Sea dispute. Youngmin Seo navigates the complex terrain of the role of international law in times of power redistribution, presenting unique insights that redefine perspectives. Seamlessly blending IR and IL perspectives and providing a nuanced understanding of this global issue in the Indo-Pacific, this work is a beacon in turbulent waters.

The Oxford Handbook of the Law of the Sea

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Publisher : OUP Oxford
ISBN 13 : 0191024643
Total Pages : 850 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Law of the Sea by : Donald R. Rothwell

Download or read book The Oxford Handbook of the Law of the Sea written by Donald R. Rothwell and published by OUP Oxford. This book was released on 2015-03-26 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 'legal Pluriverse' Surrounding Multinational Military Operations

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Publisher : Oxford University Press, USA
ISBN 13 : 0198842961
Total Pages : 513 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The 'legal Pluriverse' Surrounding Multinational Military Operations by : Robin Geiß

Download or read book The 'legal Pluriverse' Surrounding Multinational Military Operations written by Robin Geiß and published by Oxford University Press, USA. This book was released on 2020 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.

Maritime Security and the Law of the Sea

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788971418
Total Pages : 240 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Maritime Security and the Law of the Sea by : Sir Malcolm D. Evans

Download or read book Maritime Security and the Law of the Sea written by Sir Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security.

Routledge Handbook of Marine Governance and Global Environmental Change

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Publisher : Taylor & Francis
ISBN 13 : 1351369598
Total Pages : 423 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Routledge Handbook of Marine Governance and Global Environmental Change by : Paul G. Harris

Download or read book Routledge Handbook of Marine Governance and Global Environmental Change written by Paul G. Harris and published by Taylor & Francis. This book was released on 2022-06-15 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive handbook provides a detailed and unique overview of current thinking about marine governance in the context of global environmental change. Many of the most profound impacts of global environmental change, and climate change in particular, will occur in the oceans​. It is vital that we consider the​ role of marine​ governance in adapting to and mitigating these impacts. This comprehensive handbook provides a thorough review of current thinking about marine environmental governance, including law and policy, in the context of global environmental change. Initial chapters describe international law, regimes, and leadership in marine environmental governance, in the process considering how existing regimes for climate change and the oceans should and can be coordinated. This is followed by an exploration of the role of non-state actors, including scientists, nongovernmental organisations, and corporations. The next section includes a collection of chapters highlighting governance schemes in a variety of marine environments and regions, including coastlines, islands, coral reefs, the open ocean, and regional seas. Subsequent chapters examine emerging issues in marine governance, including plastic pollution, maritime transport, sustainable development, environmental justice, and human rights. Providing a definitive overview, the Routledge Handbook of Marine Governance and Global Environmental Change is suitable for advanced students in marine and environmental governance, ​environmental law and policy, and climate change, as well as practitioners, activists, stakeholders​, and others concerned about the world’s oceans and seas.