The International Implications of Extended Maritime Jurisdiction in the Pacific

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Publisher :
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The International Implications of Extended Maritime Jurisdiction in the Pacific by : Law of the Sea Institute. Conference

Download or read book The International Implications of Extended Maritime Jurisdiction in the Pacific written by Law of the Sea Institute. Conference and published by . This book was released on 1989 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Limits of Maritime Jurisdiction

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004262598
Total Pages : 812 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Limits of Maritime Jurisdiction by : Clive H. Schofield

Download or read book The Limits of Maritime Jurisdiction written by Clive H. Schofield and published by Martinus Nijhoff Publishers. This book was released on 2013-11-28 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

The Law of the Sea in the Asian Pacific Region

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Publisher : BRILL
ISBN 13 : 9004482202
Total Pages : 294 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Law of the Sea in the Asian Pacific Region by : James Crawford

Download or read book The Law of the Sea in the Asian Pacific Region written by James Crawford and published by BRILL. This book was released on 2021-09-27 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends.

The Emergence of a Regional Ocean Regime in the South Pacific

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Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Emergence of a Regional Ocean Regime in the South Pacific by : Biliana Cicin-Sain

Download or read book The Emergence of a Regional Ocean Regime in the South Pacific written by Biliana Cicin-Sain and published by . This book was released on 1989 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ocean Law Debates

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Publisher : BRILL
ISBN 13 : 9004343148
Total Pages : 590 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Ocean Law Debates by : Harry N. Scheiber

Download or read book Ocean Law Debates written by Harry N. Scheiber and published by BRILL. This book was released on 2018-03-22 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.

The International Regime of Fisheries

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Publisher : BRILL
ISBN 13 : 9004479376
Total Pages : 344 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The International Regime of Fisheries by : José A. Yturriaga

Download or read book The International Regime of Fisheries written by José A. Yturriaga and published by BRILL. This book was released on 2021-09-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, the international community failed to adopt either an agreed limit for the breadth of the territorial sea or a satisfactory regime of fisheries in the waters adjacent to the territorial sea. This provoked an eruption of unilateral acts by which coastal states extended their jurisdiction towards the high seas. The Third U.N. Conference on the Law of the Sea accepted the establishment of a 12-mile territorial sea and a 200-mile exclusive economic zone. While taking into account the non-existent rights and interests of the so-called geographically disadvantaged states and of states with broad continental shelves, the 1982 Convention on the Law of the Sea practically ignored existing rights and interests of habitual fishing states. It maintained the well-established principle of freedom of fishing on the high seas but with specific conditions. Dissatisfied with the Convention's regulation of fishing on the high seas, a few states elected to hold a U.N. Conference on Straddling and Highly Migratory Fish Stocks which adopted the 1995 Agreement for the implementation of the provisions of the Convention relating to the conservation and management of such stocks. Similarly, some of these states, like Chile, Argentina, and Canada, adopted legislation extending their jurisdiction beyond their respective 200-mile fishing or exclusive economic zones. This book explores these events in the historical development of the international regulations of fisheries and concludes with a look into recent developments in the area.

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

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Publisher : BRILL
ISBN 13 : 9047426894
Total Pages : 324 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea by : Jon M. van Dyke

Download or read book Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea written by Jon M. van Dyke and published by BRILL. This book was released on 2009-03-16 with total page 324 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.

Administrative Report H

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Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Administrative Report H by :

Download or read book Administrative Report H written by and published by . This book was released on 1991 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Designation of Marine Protected Areas

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Publisher : Springer Nature
ISBN 13 : 3031291751
Total Pages : 289 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis The Designation of Marine Protected Areas by : Anna von Rebay

Download or read book The Designation of Marine Protected Areas written by Anna von Rebay and published by Springer Nature. This book was released on 2023-05-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.

The Continental Shelf Beyond 200 Nautical Miles

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Publisher : Oxford University Press
ISBN 13 : 0191078700
Total Pages : 310 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Continental Shelf Beyond 200 Nautical Miles by : Joanna Mossop

Download or read book The Continental Shelf Beyond 200 Nautical Miles written by Joanna Mossop and published by Oxford University Press. This book was released on 2016-12-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.

Environmental Jurisdiction in the Law of the Sea

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Publisher : Springer Nature
ISBN 13 : 303050543X
Total Pages : 381 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Environmental Jurisdiction in the Law of the Sea by : Victor Alencar Mayer Feitosa Ventura

Download or read book Environmental Jurisdiction in the Law of the Sea written by Victor Alencar Mayer Feitosa Ventura and published by Springer Nature. This book was released on 2020-07-28 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the environmental jurisdiction of coastal states over the seabed within and beyond 200 nautical miles from the baselines, thus mapping out coastal states’ competencies to regulate activities impacting the marine environment of the sea floor. In addition, it offers revealing insights into the domestic legal and policy framework of a particular State in this regard. As Brazil intends to exploit mineral resources farther away offshore, technologically backed by the recognised expertise of its state-owned oil company, Petrobras, questions arise as to the adequacy of the country’s domestic legal framework to sustainably manage the immenseness of the “Brazilian Blue Amazon”. This book critically evaluates the compatibility of Brazil’s national policies and legislation with the Law of the Sea, as well as the country’s legal and institutional preparedness to face the challenges of managing approximately 4,5 million km2 of maritime spaces under national jurisdiction.

International Environmental Law in the Asia Pacific

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041107061
Total Pages : 408 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Environmental Law in the Asia Pacific by : Ben Boer

Download or read book International Environmental Law in the Asia Pacific written by Ben Boer and published by Kluwer Law International B.V.. This book was released on 1998-02-18 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to assess the development of international environmental law in the Asia Pacific. Consideration is given to the impact upon the region of global, regional and subregional environmental law. An assessment is also undertaken of how certain states, and groups of states, have responded domestically and within their own subregions to these developments. For the purposes of this book the Asia Pacific is defined as essentially the states which comprise East and Southeast Asia, Australia, New Zealand and the island states of the Southwest Pacific. Occasional consideration is also given to the states of South Asia.

Maritime Delimitation

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Publisher : BRILL
ISBN 13 : 9047418344
Total Pages : 254 pages
Book Rating : 4.0/5 (474 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 2006-06-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The South China Sea Arbitration

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Publisher : BRILL
ISBN 13 : 9004381198
Total Pages : 447 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The South China Sea Arbitration by : Stefan Talmon

Download or read book The South China Sea Arbitration written by Stefan Talmon and published by BRILL. This book was released on 2022-08-08 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages with each step of the proceedings in the South China Sea landmark arbitration case, showing that the Arbitral Tribunal lacked jurisdiction to decide the case and that several of the claims presented were also inadmissible.

Maritime Gray Zone Operations

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Publisher : Taylor & Francis
ISBN 13 : 1000771520
Total Pages : 175 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Maritime Gray Zone Operations by : Andrew S Erickson

Download or read book Maritime Gray Zone Operations written by Andrew S Erickson and published by Taylor & Francis. This book was released on 2022-10-21 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issues raised by Chinese and North Korean maritime ‘gray zone’ activities in the Indo-Asia-Pacific region. For years, China has been harassing its neighbors in South China Sea and East China Sea, employing both coast guard and maritime militia forces, in the name of safeguarding Chinese sovereignty. This behavior is frequently characterized as constituting ‘gray zone’ activity. As the term suggests, this refers to a state of conflict that falls between peace and war. Interestingly, the Yellow Sea, which is geographically much closer to China than South China Sea or East China Sea, has been comparatively quiet. However, there is a danger that the PRC has the capability to replicate its gray zone activities in this area. Worse, North Korea has also been engaging in carefully-calibrated provocations there. This book addresses pressing questions about these activities and offers: (1) a conceptual framework to understand maritime gray zone operations and Beijing and Pyongyang’s approach, with an unprecedented focus on the Yellow Sea; (2) a comprehensive, fully updated fleet force structure for the PRC’s Coast Guard, together with projections regarding how the Coast Guard is likely to develop in the future; (3) an extensive organizational analysis of the PRC’s Maritime Militia that surveys the many units relevant to Yellow Sea operations, some revealed publicly for the first time; and (4) a detailed assessment of North Korean maritime ‘gray zone’ activities. This book will be of great interest to students of naval strategy, maritime security, Asian politics, and international security.

The Protection of the Underwater Cultural Heritage

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152733
Total Pages : 255 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Protection of the Underwater Cultural Heritage by : Sarah Dromgoole

Download or read book The Protection of the Underwater Cultural Heritage written by Sarah Dromgoole and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises a collection of sixteen national perspectives on law, policy and practice in respect of the underwater cultural heritage, written in light of the UNESCO Convention 2001. The essays provide an up-to-date account of the current legal position in each jurisdiction, as well as considering the impact that the 2001 Convention is having, and is likely to have in the future. As well as being internationally recognised experts in the field, all the contributors have specialist knowledge and practical experience of their own particular jurisdictions.

The 200 Mile Exclusive Economic Zone in the Law of the Sea

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Publisher : BRILL
ISBN 13 : 9004481621
Total Pages : 426 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The 200 Mile Exclusive Economic Zone in the Law of the Sea by : Barbara Kwiatkowska

Download or read book The 200 Mile Exclusive Economic Zone in the Law of the Sea written by Barbara Kwiatkowska and published by BRILL. This book was released on 2021-09-27 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: