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Stress Testing The Law Of The Sea
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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 The Cambridge Companion to International Arbitration by : C. L. Lim
Download or read book The Cambridge Companion to International Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-10-21 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.
Book Synopsis The Functions of International Adjudication and International Environmental Litigation by : Joshua Paine
Download or read book The Functions of International Adjudication and International Environmental Litigation written by Joshua Paine and published by Cambridge University Press. This book was released on 2024-05-31 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Book Synopsis Science and Judicial Reasoning by : Katalin Sulyok
Download or read book Science and Judicial Reasoning written by Katalin Sulyok and published by Cambridge University Press. This book was released on 2020-10-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen
Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
Book Synopsis The values of international organizations by : James D. Fry
Download or read book The values of international organizations written by James D. Fry and published by Manchester University Press. This book was released on 2021-08-10 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the United Nations to the International Bureau of Weights and Measures, the principles of international organizations affect all of our lives. The principles these organizations live by represent, at least in part, the principles all of us live by. This book quantifies international organizations’ affiliation with particular principles in their constitutions, like cooperation, peace and equality. Offering a sophisticated statistical and legal analysis of these principles, the authors reveal the values contained in international organizations’ constitutions and their relationship with one another. When these organizations are divided into groups, like regional versus universal organizations, many new, seemingly contradictory, interpretations of international organizations law emerge. Through elaborate network representations, radar charters, k-clusters analyses and scatter plots, this book offers an unprecedented insight into the principles and values of international organizations.
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 113 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.
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 Oxford University Press. This book was released on 2011-01-13 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.
Book Synopsis Research Handbook on International Marine Environmental Law by : Rosemary Rayfuse
Download or read book Research Handbook on International Marine Environmental Law written by Rosemary Rayfuse and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.
Book Synopsis Beyond Fragmentation by : Chiara Giorgetti
Download or read book Beyond Fragmentation written by Chiara Giorgetti and published by Cambridge University Press. This book was released on 2022-05-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.
Book Synopsis The Palgrave Handbook of Globalization with Chinese Characteristics by : Paulo Afonso B. Duarte
Download or read book The Palgrave Handbook of Globalization with Chinese Characteristics written by Paulo Afonso B. Duarte and published by Springer Nature. This book was released on 2023-01-07 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers readers various perspectives on globalization and multilateralism with Chinese characteristics. Its originality is derived from the hybrid approaches the handbook takes, where chapters provide complementary, intertwined, and multi-level analysis on the topic. Based on contributions of scholars and practitioners from a number of countries, the handbook helps readers to comprehend ongoing debates on the Belt and Road Initiative and global governance, within a shifting balance of world power, characterized by competing views between Western and Chinese norms, standards, values, and narratives. Split into three Parts, and consisting of 46 chapters, the handbook views globalization as comprehensive concept that benefits from the contributions of various disciplines such as geography, geo-economics, political science and international relations. In producing one of the most ambitious and updated outputs on the topic, the handbook as a whole seeks to discuss what globalization with Chinese characteristics looks like, and the role of the Belt and Road Initiative in this process.
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 269 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.
Book Synopsis Contingency in International Law by : Ingo Venzke
Download or read book Contingency in International Law written by Ingo Venzke and published by Oxford University Press. This book was released on 2021 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
Book Synopsis Excessive Maritime Claims by : J. Ashley Roach
Download or read book Excessive Maritime Claims written by J. Ashley Roach and published by Martinus Nijhoff Publishers. This book was released on 2012-06-22 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
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 Marine Mammals Ashore by : Joseph R. Geraci
Download or read book Marine Mammals Ashore written by Joseph R. Geraci and published by National Aquarium in Baltimore. This book was released on 2005 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive manual for understanding and carrying out marine mammal rescue activities for stranded seals, manatees, dolphins, whales, or sea otters.
Download or read book Military Activities in the EEZ written by and published by . This book was released on 2010 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
