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Maritime Delimitation As A Judicial Process
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Book Synopsis Maritime Delimitation as a Judicial Process by : Massimo Lando
Download or read book Maritime Delimitation as a Judicial Process written by Massimo Lando and published by Cambridge University Press. This book was released on 2019-06-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
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 456 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 Maritime Delimitation by : Rainer Lagoni
Download or read book Maritime Delimitation written by Rainer Lagoni and published by BRILL. This book was released on 2006 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
Book Synopsis A Practitioner's Guide to Maritime Boundary Delimitation by : Stephen Fietta
Download or read book A Practitioner's Guide to Maritime Boundary Delimitation written by Stephen Fietta and published by Oxford University Press. This book was released on 2016-03-24 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Book Synopsis EU Anti-Discrimination Law Beyond Gender by : Uladzislau Belavusau
Download or read book EU Anti-Discrimination Law Beyond Gender written by Uladzislau Belavusau and published by Bloomsbury Publishing. This book was released on 2018-11-15 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.
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 . This book was released on 2018-03-15 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive and systematical review of the case law on maritime delimitation, identifying various inconsistencies.
Book Synopsis Equitable Principles of Maritime Boundary Delimitation by : Thomas Cottier
Download or read book Equitable Principles of Maritime Boundary Delimitation written by Thomas Cottier and published by Cambridge University Press. This book was released on 2015-04-30 with total page 835 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.
Book Synopsis Towards the Conceptualisation of Maritime Delimitation by : Nuno Marques Antunes
Download or read book Towards the Conceptualisation of Maritime Delimitation written by Nuno Marques Antunes and published by BRILL. This book was released on 2022-05-16 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new monograph on maritime delimitation by Dr. Nuno Antunes is based on a thesis submitted for the degree of Doctor of Philosophy at the University of Durham. The work is one of legal, political and technical analysis of an aspect of the law of the sea that is of current interest in all regions of the world.
Book Synopsis Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea by : Seoung Yong Hong
Download or read book Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea written by Seoung Yong Hong and published by BRILL. This book was released on 2009 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Book Synopsis Relevant Circumstances and Maritime Delimitation by : Malcolm David Evans
Download or read book Relevant Circumstances and Maritime Delimitation written by Malcolm David Evans and published by Oxford University Press, USA. This book was released on 1989 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.
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.
Book Synopsis Stress Testing the Law of the Sea by : Stephen Minas
Download or read book Stress Testing the Law of the Sea written by Stephen Minas and published by BRILL. This book was released on 2018-09-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
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 Towards the Conceptualisation of Maritime Delimitation by : Nuno Sergio Marques Antunes
Download or read book Towards the Conceptualisation of Maritime Delimitation written by Nuno Sergio Marques Antunes and published by Publications on Ocean Developm. This book was released on 2003 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new monograph on maritime delimitation by Dr. Nuno Antunes is based on a thesis submitted for the degree of Doctor of Philosophy at the University of Durham. The work is one of legal, political and technical analysis of an aspect of the law of the sea that is of current interest in all regions of the world.
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 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 616 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.
Author : Publisher :United Nations, Division for Ocean Affairs and the Law of the Sea, Office of the Legal Affairs ISBN 13 :9789211336306 Total Pages :0 pages Book Rating :4.3/5 (363 download)
Book Synopsis Handbook on the Delimitation of Maritime Boundaries by :
Download or read book Handbook on the Delimitation of Maritime Boundaries written by and published by United Nations, Division for Ocean Affairs and the Law of the Sea, Office of the Legal Affairs. This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook covers legal, technical and practical information deemed essential in negotiating maritime boundary delimitation between coastal states.It also contains information about the peaceful settlement of disputes where negotiations are unsuccessful and the states wish to avail themselves of the dispute settlement mechanism set out in the 1982 Convention on the Law of the Sea
