Judging the Law of the Sea

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192594885
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Judging the Law of the Sea by : Natalie Klein

Download or read book Judging the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022-11-10 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

Judging the Law of the Sea

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198853351
Total Pages : 465 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Judging the Law of the Sea by : Natalie Klein

Download or read book Judging the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022-11-15 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

Islamic Law of the Sea

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108481450
Total Pages : 305 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Islamic Law of the Sea by : Hassan S. Khalilieh

Download or read book Islamic Law of the Sea written by Hassan S. Khalilieh and published by Cambridge University Press. This book was released on 2019-05-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

Legitimacy and International Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legitimacy and International Courts by : Nienke Grossman

Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Judging International Human Rights

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Author :
Publisher : Springer
ISBN 13 : 3319948482
Total Pages : 663 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Judging International Human Rights by : Stefan Kadelbach

Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

International Law of the Sea

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Author :
Publisher :
ISBN 13 : 9789462360815
Total Pages : 0 pages
Book Rating : 4.3/5 (68 download)

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Book Synopsis International Law of the Sea by : Angela Del Vecchio

Download or read book International Law of the Sea written by Angela Del Vecchio and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few decades, the law of the sea has been affected, not only by the processes of globalization that have changed the key interests of the international community, but also by natural phenomena like climate change. In addition, technological advances, having opened up new opportunities to exploit marine resources and to produce energy and which make the sea in itself a resource, have contributed to a further development of the law of the sea. This book contributes to the study of the evolution of the law of the sea and will not fail to be of interest to academics in the field. It analyzes those areas of the law of the sea in which the transformations taking place seem to be more significant, such as: migration by sea * the security of navigation and the fight against piracy * safety of navigation * protection of maritime labor * the legal framework governing the polar regions * special issues relating to the harnessing of marine resources. [Subject: Public International Law, Maritime Law, Environmental Law]

Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

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Publisher : BRILL
ISBN 13 : 9004340041
Total Pages : 780 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law by : Antônio Augusto Cançado Trindade

Download or read book Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2017-02-28 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations.

The Law of the Sea in the Caribbean

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Publisher : BRILL
ISBN 13 : 9004503196
Total Pages : 469 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Law of the Sea in the Caribbean by : The Hon Justice Mr Winston Anderson

Download or read book The Law of the Sea in the Caribbean written by The Hon Justice Mr Winston Anderson and published by BRILL. This book was released on 2022-01-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea in the Caribbean discusses the evolution and growth of the law of the sea in the Caribbean and its contribution to the sustainable development of Caribbean States.

Selecting Europe's Judges

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Publisher : Oxford University Press, USA
ISBN 13 : 019872778X
Total Pages : 337 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Selecting Europe's Judges by : Michal Bobek

Download or read book Selecting Europe's Judges written by Michal Bobek and published by Oxford University Press, USA. This book was released on 2015 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The past decade has witnessed changes in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The common aim has been securing greater professional quality of the judicial candidates. For this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Were these institutional reforms successful in guaranteeing greater quality of the candidates? Might they have any positive impact on the legitimacy of the European courts? Has the creation of the expert advisory panels in any way shifted the institutional balance, either horizontally among the various institutions of the respective international organization, or vertically between the organization and its member state? Above all, however, is the spree of 'judicial comitology' as currently applied a good method of selecting Europe's judges? These and a number of other questions are addressed in this volume in a comparative and interdisciplinary perspective. First, the volume describes for the first time in depth the operation of the new selection mechanisms from different vantage points, including not just academic, but also practitioners' points of view. Second, having mapped the ground, it critically engages with selected common themes in a comparative way, analyzing the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy"--Unedited summary from book jacket.

The International Judge

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Author :
Publisher : UPNE
ISBN 13 : 9781584656661
Total Pages : 350 pages
Book Rating : 4.6/5 (566 download)

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Book Synopsis The International Judge by : Daniel Terris

Download or read book The International Judge written by Daniel Terris and published by UPNE. This book was released on 2007 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary introduction to international judges and their work

Predictability and Flexibility in the Law of Maritime Delimitation

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Publisher : Bloomsbury Publishing
ISBN 13 : 150991210X
Total Pages : 606 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Predictability and Flexibility in the Law of Maritime Delimitation by : Yoshifumi Tanaka

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 606 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.

Documents Relating to Law and Custom of the Sea

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Publisher :
ISBN 13 :
Total Pages : 508 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Documents Relating to Law and Custom of the Sea by : Reginald Godfrey Marsden

Download or read book Documents Relating to Law and Custom of the Sea written by Reginald Godfrey Marsden and published by . This book was released on 1916 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Documents Relating to Law and Custom of the Sea

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 188636396X
Total Pages : 1104 pages
Book Rating : 4.8/5 (863 download)

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Book Synopsis Documents Relating to Law and Custom of the Sea by : Reginald Godfrey Marsden

Download or read book Documents Relating to Law and Custom of the Sea written by Reginald Godfrey Marsden and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating document and a landmark in the development of the common law. The only English translation of the first book of its kind, enhanced by Professor Seipp's detailed Table of Contents demonstrating the exhaustive scope of the work, followed by his new introductory essay.

Documents Relating to Law and Custom of the Sea: A.D. 1649-1767

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Publisher :
ISBN 13 :
Total Pages : 506 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Documents Relating to Law and Custom of the Sea: A.D. 1649-1767 by : Reginald Godfrey Marsden

Download or read book Documents Relating to Law and Custom of the Sea: A.D. 1649-1767 written by Reginald Godfrey Marsden and published by . This book was released on 1916 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 27 (2009)

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Publisher : BRILL
ISBN 13 : 9004425004
Total Pages : 534 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 27 (2009) by :

Download or read book Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 27 (2009) written by and published by BRILL. This book was released on 2020-02-03 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Law of the Sea

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Author :
Publisher :
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Law of the Sea by : William McFee

Download or read book The Law of the Sea written by William McFee and published by . This book was released on 1951 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: