Maritime Disputes And International Law

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Maritime Disputes and International Law

Author : Constantinos Yiallourides
Publisher : Routledge
ISBN 13 : 135124051X
Total Pages : 274 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Maritime Disputes and International Law by : Constantinos Yiallourides

Download or read book Maritime Disputes and International Law written by Constantinos Yiallourides and published by Routledge. This book was released on 2019-05-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

The Aegean Maritime Disputes and International Law

Author : Yucel Acer
Publisher : Routledge
ISBN 13 : 1351895184
Total Pages : 319 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Aegean Maritime Disputes and International Law by : Yucel Acer

Download or read book The Aegean Maritime Disputes and International Law written by Yucel Acer and published by Routledge. This book was released on 2017-07-05 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Author : Seoung Yong Hong
Publisher : BRILL
ISBN 13 : 9004173439
Total Pages : 325 pages
Book Rating : 4.0/5 (41 download)

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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.

Maritime Delimitation

Author : Rainer Lagoni
Publisher : BRILL
ISBN 13 : 9004150331
Total Pages : 255 pages
Book Rating : 4.0/5 (41 download)

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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.

UNCLOS and Ocean Dispute Settlement

Author : Nong Hong
Publisher : Routledge
ISBN 13 : 0415505275
Total Pages : 282 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis UNCLOS and Ocean Dispute Settlement by : Nong Hong

Download or read book UNCLOS and Ocean Dispute Settlement written by Nong Hong and published by Routledge. This book was released on 2012 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.

Asian Approaches to International Law and the Legacy of Colonialism

Author : Jin-Hyun Paik
Publisher : Routledge
ISBN 13 : 1136223827
Total Pages : 185 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Asian Approaches to International Law and the Legacy of Colonialism by : Jin-Hyun Paik

Download or read book Asian Approaches to International Law and the Legacy of Colonialism written by Jin-Hyun Paik and published by Routledge. This book was released on 2012-09-10 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

Peaceful Management of Maritime Disputes

Author : James Kraska
Publisher : Taylor & Francis
ISBN 13 : 1000854019
Total Pages : 219 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Peaceful Management of Maritime Disputes by : James Kraska

Download or read book Peaceful Management of Maritime Disputes written by James Kraska and published by Taylor & Francis. This book was released on 2023-03-23 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.

The International Court of Justice in Maritime Disputes

Author : Julio Faundez
Publisher : Routledge
ISBN 13 : 0429799314
Total Pages : 109 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The International Court of Justice in Maritime Disputes by : Julio Faundez

Download or read book The International Court of Justice in Maritime Disputes written by Julio Faundez and published by Routledge. This book was released on 2018-09-03 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.

Maritime Disputes in the Eastern Mediterranean

Author : Roudi Baroudi
Publisher : Brookings Institution Press
ISBN 13 : 0960012796
Total Pages : 125 pages
Book Rating : 4.9/5 (6 download)

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Book Synopsis Maritime Disputes in the Eastern Mediterranean by : Roudi Baroudi

Download or read book Maritime Disputes in the Eastern Mediterranean written by Roudi Baroudi and published by Brookings Institution Press. This book was released on 2020-05-31 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ways and means described in this book constitute a road map for responsible members of the international community to work together, reduce tensions, resolve differences over maritime boundaries peacefully, and reap the rewards of a safer, stabler, and more prosperous world. This volume shows that the UN and its associated treaties, courts, and other institutions have developed a body of laws, rules, and procedures guiding the way to negotiated, peaceful outcomes. Mr. Baroudi’s book also points to rapid advances of science and technology that take much of the guesswork out of boundary delineation, making this route more reliable and user-friendly than ever before. The successful use of these mechanisms would set a useful example for the resolution of boundary disputes in other regions of the world. That, in turn would restore confidence in the international rules-based system and could pave the way for the settling of some of the world’s most troubling and dangerous disputes.

International Law Relating to Islands

Author : Sean D. Murphy
Publisher : BRILL
ISBN 13 : 9004361545
Total Pages : 383 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Law Relating to Islands by : Sean D. Murphy

Download or read book International Law Relating to Islands written by Sean D. Murphy and published by BRILL. This book was released on 2019-03-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia

Author : Keyuan Zou
Publisher : World Scientific
ISBN 13 : 9811237077
Total Pages : 307 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia by : Keyuan Zou

Download or read book International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia written by Keyuan Zou and published by World Scientific. This book was released on 2021-11-24 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

The South China Sea Maritime Dispute

Author : Leszek Buszynski
Publisher : Routledge
ISBN 13 : 1317935470
Total Pages : 283 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis The South China Sea Maritime Dispute by : Leszek Buszynski

Download or read book The South China Sea Maritime Dispute written by Leszek Buszynski and published by Routledge. This book was released on 2014-09-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea is a major strategic waterway for trade and oil shipments to Japan, Korea as well as southern China. It has been the focus of a maritime dispute which has continued now for over six decades, with competing claims from China, Vietnam, the Philippines, Indonesia and Brunei. Recently China has become more assertive in pressing its claims – harassing Vietnamese fishing vessels and seizing reefs in the Philippine claim zone. China has insisted that it has "indisputable sovereignty" over the area and has threatened to enforce its claim. All of this is unsettling and draws in the United States which is concerned about freedom of navigation in the area. The US has been supporting the Philippines and has been developing security ties with Vietnam as a check upon China. This book examines the conflict potential of the current dispute, it discusses how the main claimants and the United States view the issue, and assesses the prospects for a resolution of the problem.

The South China Sea Disputes and Law of the Sea

Author : S. Jayakumar
Publisher : Edward Elgar Publishing
ISBN 13 : 178347727X
Total Pages : 296 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The South China Sea Disputes and Law of the Sea by : S. Jayakumar

Download or read book The South China Sea Disputes and Law of the Sea written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual

Unresolved Border, Land and Maritime Disputes in Southeast Asia

Author : Alfred Gerstl
Publisher : BRILL
ISBN 13 : 9004312188
Total Pages : 339 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Unresolved Border, Land and Maritime Disputes in Southeast Asia by : Alfred Gerstl

Download or read book Unresolved Border, Land and Maritime Disputes in Southeast Asia written by Alfred Gerstl and published by BRILL. This book was released on 2016-11-14 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unresolved Border, Land and Maritime Disputes in Southeast Asia the authors shed light on unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region, applying a wider regional and comparative perspective.

Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order

Author : Md Saiful Karim
Publisher : BRILL
ISBN 13 : 9004329293
Total Pages : 222 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order by : Md Saiful Karim

Download or read book Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order written by Md Saiful Karim and published by BRILL. This book was released on 2016-10-20 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism.

Assessing Maritime Disputes in East Asia

Author : Barthelemy Courmont
Publisher : Routledge
ISBN 13 : 1317177967
Total Pages : 263 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Assessing Maritime Disputes in East Asia by : Barthelemy Courmont

Download or read book Assessing Maritime Disputes in East Asia written by Barthelemy Courmont and published by Routledge. This book was released on 2017-04-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining practical and theoretical approaches, this book addresses the political, legal and economic implications of maritime disputes in East Asia. The maritime disputes in East Asia have multiplied over the past few years, in parallel with the economic growth of the countries in the region, the rise of nationalist movements, fears and sometimes fantasies regarding the emergence of the People’s Republic of China (PRC) as a global power, increasing military expenses, as well as speculations regarding the potential resources in various disputed islands. These disputes, however, are not new and some have been the subject of contention and the cause of friction for decades, if not centuries in a few cases. Offering a robust analysis, this volume explores disputes through the different lenses of political science, international law, history and geography, and introduces new approaches in particular to the four important disputes concerning Dokdo/Takeshima, Senkaku/Diaoyu, Paracels and Spratlys. Utilising a comparative approach, this book identifies transnational trends that occur in the different cases and, therefore, at the regional level, and aims to understand whether the resurgence of maritime disputes in East Asia may be studied on a case by case basis, or should be analysed as a regional phenomenon with common characteristics. This book will be of interest to students of Asian Politics, Maritime Security, International Security, Geopolitics and International Relations in general.

Litigating International Law Disputes

Author : Natalie Klein
Publisher : Cambridge University Press
ISBN 13 : 1139916076
Total Pages : 533 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Litigating International Law Disputes by : Natalie Klein

Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.