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Flexibility And Innovation In The Law Of The Sea
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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.
Book Synopsis Stability and Change in the Law of the Sea: The Role of the LOS Convention by : Alex G. Oude Elferink
Download or read book Stability and Change in the Law of the Sea: The Role of the LOS Convention written by Alex G. Oude Elferink and published by BRILL. This book was released on 2005-12-01 with total page 268 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.
Book Synopsis Making the Law of the Sea by : James Harrison
Download or read book Making the Law of the Sea written by James Harrison and published by Cambridge University Press. This book was released on 2011-04-14 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
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 Maritime Security and the Law of the Sea by : Natalie Klein
Download or read book Maritime Security and the Law of the Sea written by Natalie Klein and published by OUP Oxford. This book was released on 2012-10-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.
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 828 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.
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.
Book Synopsis Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities under UNCLOS by : Chuxiao Yu
Download or read book Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities under UNCLOS written by Chuxiao Yu and published by BRILL. This book was released on 2022-10-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the strength and limit of UNCLOS in regulating "modern" ocean data collection activities, and proposes possible regulatory arrangements that fill the gaps for regulation of the said activities, if any, in the Convention.
Book Synopsis Research Handbook on International Environmental Law by : Malgosia Fitzmaurice
Download or read book Research Handbook on International Environmental Law written by Malgosia Fitzmaurice and published by Edward Elgar Publishing. This book was released on 2010 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.
Book Synopsis Frontiers in International Environmental Law: Oceans and Climate Challenges by : Richard Barnes
Download or read book Frontiers in International Environmental Law: Oceans and Climate Challenges written by Richard Barnes and published by BRILL. This book was released on 2021-03-15 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frontiers in International Environmental Law is a collection of essays that showcases how law and legal scholarship can responded to challenges to our oceans and climate governance regimes.
Book Synopsis The Law of the Sea and Climate Change by : Elise Johansen
Download or read book The Law of the Sea and Climate Change written by Elise Johansen and published by Cambridge University Press. This book was released on 2020-12-17 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.
Book Synopsis Saving the Oceans Through Law by : James Harrison
Download or read book Saving the Oceans Through Law written by James Harrison and published by Oxford University Press. This book was released on 2017-10-27 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.
Book Synopsis Extraterritorial Immigration Control by : Bernhard Ryan
Download or read book Extraterritorial Immigration Control written by Bernhard Ryan and published by BRILL. This book was released on 2010 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Book Synopsis Indigenous Peoples, Marine Space and Resources, and International Law by : Endalew Lijalem Enyew
Download or read book Indigenous Peoples, Marine Space and Resources, and International Law written by Endalew Lijalem Enyew and published by Taylor & Francis. This book was released on 2024-02-26 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
Book Synopsis Conceptual and Contextual Perspectives on the Modern Law of Treaties by : Michael J. Bowman
Download or read book Conceptual and Contextual Perspectives on the Modern Law of Treaties written by Michael J. Bowman and published by Cambridge University Press. This book was released on 2018-10-25 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.
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.
Book Synopsis The World Bank and Sustainable Development by : David Freestone
Download or read book The World Bank and Sustainable Development written by David Freestone and published by Martinus Nijhoff Publishers. This book was released on 2012-10-19 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Bank and Sustainable Development: Legal Essays collects works from the past ten years by David Freestone, former Deputy General Counsel and Senior Adviser at the World Bank. The essays offer a unique perspective founded on the author’s years of experience at the World Bank and cover a wide-range of topics. Updated by current Bank Staff members, together these seven legal essays represent a seminal body of work from a uniquely qualified voice in international environmental law.
