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Dispute Settlement And The Establishment Of The Continental Shelf Beyond 200 Nautical Miles
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Book Synopsis The Continental Shelf Beyond 200 Nautical Miles by : Bjarni Már Magnússon
Download or read book The Continental Shelf Beyond 200 Nautical Miles written by Bjarni Már Magnússon and published by Hotei Publishing. This book was released on 2015-05-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Continental Shelf Beyond 200 Nautical Miles, Bjarni Már Magnússon explores various aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles and maritime boundary delimitations. Special emphasis is laid on the interplay between these processes and the role of coastal States, the Commission on the Limits of the Continental Shelf and international courts and tribunals in this regard. Magnússon convincingly argues that despite the possibility for tension to arise the relationship between the relevant institutions and processes is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
Book Synopsis Dispute Settlement and the Establishment of the Continental Shelf Beyond 200 Nautical Miles by : Bjarni Mar Magnússon
Download or read book Dispute Settlement and the Establishment of the Continental Shelf Beyond 200 Nautical Miles written by Bjarni Mar Magnússon and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the central purposes of the international law of the sea is to define various maritime zones, their extent and limits. One of these zones is the continental shelf. The continental shelf in modern international law has two aspects: The continental shelf within 200 nautical miles from the shore of coastal States and the continental shelf beyond that limit. The United Nations Convention on the Law of the Sea provides that information on the limits of the continental shelf beyond 200 nautical miles shall be submitted by the coastal State to a scientific and technical commission, namely the Commission on the Limits of the Continental Shelf. The Commission is responsible for making recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelves beyond 200 nautical miles. If the limits of the shelf established by a coastal State are on the basis of the recommendations, they are final and binding. The establishment of the continental shelf beyond 200 nautical miles has two main features: The establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States. Many questions concerning the relationship between these procedures have been left unanswered as well as the relationship between the Commission and international courts and tribunals. This thesis analyses the role of coastal States, the Commission and international courts and tribunals in the establishment of the continental shelf beyond 200 nautical miles and the interplay between them. It explores how the various sources of international law have contributed to the establishment of the current legal framework. The thesis explores the differences between the delineation and delimitation of the continental shelf beyond 200 nautical miles. It demonstrates that the role of the Commission is to curtail extravagant claims to the continental shelf beyond 200 nautical miles and protect the territorial scope of the international seabed area. It also shows that the role of international courts and tribunals in this field is essentially the same as their role in other types of disputes. It explains that the establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States is a separate process. Furthermore, it clarifies that the three-stage boundary delimitation method is applicable beyond 200 nautical miles. It also displays that no special rule of customary international law has evolved that is solely applicable to delimitations regarding the continental shelf beyond 200 nautical miles. The thesis addresses the interaction of the various mechanisms within the United Nations Convention on the Law of the Sea concerning the continental shelf beyond 200 nautical miles. Its main conclusion is that despite the possibility for tension to arise the relationship between the institutions is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
Book Synopsis The Continental Shelf Beyond 200 Nautical Miles by : Alex G. Oude Elferink
Download or read book The Continental Shelf Beyond 200 Nautical Miles written by Alex G. Oude Elferink and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State by : Signe Veierud Busch
Download or read book Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State written by Signe Veierud Busch and published by BRILL. This book was released on 2016-10-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?, Signe Veierud Busch undertakes a study of all coastal State submissions to the Commission on the Limits of the Continental Shelf and asks under which circumstances and to what extent States other than the coastal State may intervene in the process of establishing final and binding continental shelf limits. After analysing relevant provisions in the UN Convention on the Law of the Sea and the Commission’s Rules of Procedure compared with the practice of States and the Commission, Busch raises the overall question if the possibility for other States to block the work of the Commission may in fact be undermining the mandate and functions of the Commission.
Book Synopsis The Commission on the Limits of the Continental Shelf by : Øystein Jensen
Download or read book The Commission on the Limits of the Continental Shelf written by Øystein Jensen and published by Martinus Nijhoff Publishers. This book was released on 2014-07-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.
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.
Book Synopsis The Continental Shelf Beyond 200 Nautical Miles by : Joanna Mossop
Download or read book The Continental Shelf Beyond 200 Nautical Miles written by Joanna Mossop and published by Oxford University Press. This book was released on 2016-12-15 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.
Book Synopsis Maritime Boundary Delimitation: The Case Law by : Alex G. Oude Elferink
Download or read book Maritime Boundary Delimitation: The Case Law written by Alex G. Oude Elferink and published by Cambridge University Press. This book was released on 2018-03-15 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
Book Synopsis The Outer Limits of the Continental Shelf by : Suzette V. Suarez
Download or read book The Outer Limits of the Continental Shelf written by Suzette V. Suarez and published by Springer Science & Business Media. This book was released on 2008-06-26 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.
Book Synopsis Legal Order in the World's Oceans by : Myron H. Nordquist
Download or read book Legal Order in the World's Oceans written by Myron H. Nordquist and published by BRILL. This book was released on 2017-10-16 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea.
Book Synopsis The Continental Shelf Beyond 200 Nautical Miles by : Joanna Mossop
Download or read book The Continental Shelf Beyond 200 Nautical Miles written by Joanna Mossop and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses states' rights, and obligations oncerning the extended continental shelf in international law; including protecting the marine environment; and regulating activities such as fishing, marine bioprospecting, and exploitation of non-living resources.
Book Synopsis The Continental Shelf Delimitation Beyond 200 Nautical Miles by : Xuexia Liao
Download or read book The Continental Shelf Delimitation Beyond 200 Nautical Miles written by Xuexia Liao and published by Cambridge University Press. This book was released on 2021-10-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Continental Shelf Delimitation Beyond 200 Nautical Miles provides an up-to-date and informed analysis of the now fast developing, yet confusing, field of the law of maritime delimitation. It examines the procedural matters in relation to the competence of international courts and tribunals in the light of the institutional framework of the United Nations Convention on the Law of the Sea and discusses the methodological questions arising out of the delimitation process. The book engages with the key concepts of maritime entitlement, delineation and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles. Essentially, it argues that the delimitation of the continental shelf will be unified with existing maritime delimitation, and a common approach to maritime boundary-making within and beyond 200 nautical miles is likely to emerge.
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.
Book Synopsis The Law of the Sea Conference--status of the Issues, 1978 by : United States. General Accounting Office
Download or read book The Law of the Sea Conference--status of the Issues, 1978 written by United States. General Accounting Office and published by . This book was released on 1979 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both developed and developing nations attended the Law of the Sea Conference and, in general, subscribe to the principle that the oceans beyond national jurisdiction are the common heritage of mankind. However, the interpretation each group has of this principle differs. The objective of the United States delegation is to achieve a comprehensive treaty that protects essential United States' interests. The following principle issues were discussed at the 1977 and 1978 conference sessions. The assurance of access to mineral resources of the deep seabed for private contractors or states parties under reasonable terms is central to the success of the treaty. An International Seabed Authority should be established under the treaty to administer the common heritage concept in the best interest of mankind. The International Seabed Authority would have numerous sources of funds, such as various types of payments made by contractors or others exploring the seabed mineral resources, voluntary contributions, excess revenues generated by operations of the Enterprise and loans from commercial sources. The obligations of private and/or state contractors to the Authority can be characterized as monetary payments, technology transfers, and production restraint. The treaty text currently proposes four methods of dispute settlement: the International Court of Justice, the Law of the Sea Tribunal and its Seabed Disputes Chamber, arbitration procedures, and a special arbitral tribunal made up of experts. Opinions differ as to what the boundaries of the outer limit of the continental shelf beyond 200 miles should be. The marine scientific research text provides for coastal state consent for marine scientific research in the economic zone. The major marine environmental concern is accommodation of navigational and environmental interests.
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 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.
Author :University of Virginia. Center for Oceans Law and Policy. Conference Publisher :Martinus Nijhoff Publishing ISBN 13 :9789004314245 Total Pages :0 pages Book Rating :4.3/5 (142 download)
Book Synopsis Challenges of the Changing Arctic by : University of Virginia. Center for Oceans Law and Policy. Conference
Download or read book Challenges of the Changing Arctic written by University of Virginia. Center for Oceans Law and Policy. Conference and published by Martinus Nijhoff Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries is part of a series of publications on oceans law and policy associated with the Center for Oceans Law and Policy, University of Virginia.
Book Synopsis International Marine Economy by : Myron H. Nordquist
Download or read book International Marine Economy written by Myron H. Nordquist and published by BRILL. This book was released on 2017-04-11 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters. From the South China Arbitration Award to the Bay of Bengal Case, this text includes important writings on Artic Shipping and Fisheries, the deep seabed, resources and maritime boundary regimes and studies the possibility of a new international agreement regulating the conservation of biological diversity in areas beyond national jurisdiction. Finally, it concludes by considering the challenges and opportunities of whaling in the Antarctic Case, ocean governance issues in Southeast Asia, and the exercise of control over foreign merchant vessels and state liability for wrong assessments. This volume offers much needed contemporary commentary from renowned scholars on rapidly evolving maritime topics.
