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The Law Of The Sea Progress And Prospects
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Book Synopsis The Law of the Sea by : David Freestone
Download or read book The Law of the Sea written by David Freestone and published by Oxford University Press on Demand. This book was released on 2006 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now more than ten years since the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force and more than twenty years since it was concluded in December of 1982 after more than nine years of negotiations. The famous "package deal"that it represented addressed many ofthe problematic issues that previous conventions had been unable to settle. This collection of essays, by leading academics and practitioners, provides a critical review of the LOSC and its relationship to and interface with the wide range of developments which have occurred since 1982. The individual chapters reveal a number of core themes, including the need to maintain the integrity of the LOSC and its centrality to oceans regulation; the tension between regional global regimes for oceans governance and the struggle to reconcile these within the LOSC; the gradual consolidationof authority over oceans space; the difficulty of adapting some of the more dated provisions of the LOSC to deal with unforeseen contemporary issues of oceans use; and the consequent development of the general obligations of the LOSC through binding and non-binding agreements. They clearly indicatethe potential impact and role of post-LOSC agreements and institutions in developing the law of the sea and resolving some of the outstanding substantive issues. From this it is clear that the future of the Law of the Sea will involve an understanding of the wider legal environment within which itoperates.
Book Synopsis The Law of the Sea: Progress and Prospects by : David Freestone (Richard Barnes and David Ong)
Download or read book The Law of the Sea: Progress and Prospects written by David Freestone (Richard Barnes and David Ong) and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of the Sea written by and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of the sea : progress and prospects, introduction, the intergrity of the LOSC, the law of the sea in its Wider Legal Context. Reflections on the 1982 conversation on the law of the sea. Further development of the 1982 conversation on the law of the sea : mechnisms for change. The role of the World Bank and the Golbal environment facility in the implementation of the regime of the conversation on the law of the sea. Security and the law of the sea in East Asia : Navigational regimes and exclusive economic zone. A system for law of the sea dispute settlement. The World Court and Peaceful settlement of Ocean Disputes.
Author :Pierre Jacquet, Rajendra K Pachauri, Laurence Tubiana Publisher :The Energy and Resources Institute (TERI) ISBN 13 :8179934020 Total Pages :242 pages Book Rating :4.1/5 (799 download)
Book Synopsis Oceans by : Pierre Jacquet, Rajendra K Pachauri, Laurence Tubiana
Download or read book Oceans written by Pierre Jacquet, Rajendra K Pachauri, Laurence Tubiana and published by The Energy and Resources Institute (TERI). This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oceans The New Frontier explores how human community insistently pushes the oceans' limits, seeking to exploit all of their varied resources minerals, fisheries, fuels and genetic material. The ocean frontier is constantly being redefined by new discoveries, technologies, national strategies, and ecological imperatives. Increasing dependence of humanity on the resources of the oceans has blurred the boundaries between the mainland and oceans.As humanity's footprint extends, oceans are seeing intense conflicts between actors and issues. The book questions the ability of global governance to regulate access to resources and services provided by the oceans so as to protect the ocean ecosystems. The chapters show how the global governance system has not been adequately responsive while in many cases local initiatives have contributed the solutions. Special sites, like sea-ports, can provide levers for action.Oceans The New Frontier is part of a series of annual publications on sustainable development (A Planet for Life) prepared under the scientific leadership of leading figures in the field of sustainable development.
Book Synopsis The Law of the Sea by : Nele Matz-Lück
Download or read book The Law of the Sea written by Nele Matz-Lück and published by Taylor & Francis. This book was released on 2022-09-19 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.
Book Synopsis Reflections on the Contemporary Law of the Sea by : Helmut Tuerk
Download or read book Reflections on the Contemporary Law of the Sea written by Helmut Tuerk and published by Martinus Nijhoff Publishers. This book was released on 2012-01-20 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflections on the Contemporary Law of the Sea describes the development and the present state of the law of the sea, particularly in light of the 1982 United Nations Convention on the Law of the Sea, also drawing attention to some of the problems facing the international community.
Book Synopsis Marine Mammal Conservation and the Law of the Sea by : Cameron S. G. Jefferies
Download or read book Marine Mammal Conservation and the Law of the Sea written by Cameron S. G. Jefferies and published by Oxford University Press. This book was released on 2016-07-12 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.
Book Synopsis South Africa and the Law of the Sea by : Patrick H.G. Vrancken
Download or read book South Africa and the Law of the Sea written by Patrick H.G. Vrancken and published by BRILL. This book was released on 2011-08-25 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being at the confluence of the Atlantic Ocean, the Indian Ocean and the Southern Ocean, South Africa plays a considerable role in the smooth running of maritime commerce and the diverse efforts to ensure the sustainable development of the marine environment. South Africa and the Law of the Sea brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework. The result is a tool to foster implementation, co-ordination and further research at the domestic level as well as a platform to facilitate comparative work to strengthen Africa’s jurisprudence and influence in maritime matters.
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 OUP Oxford. This book was released on 2012-10-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.
Book Synopsis Global Challenges and the Law of the Sea by : Marta Chantal Ribeiro
Download or read book Global Challenges and the Law of the Sea written by Marta Chantal Ribeiro and published by Springer Nature. This book was released on 2020-05-23 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
Book Synopsis The Law of the Seabed by : Catherine Banet
Download or read book The Law of the Seabed written by Catherine Banet and published by BRILL. This book was released on 2020-01-29 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.
Book Synopsis The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies by : Lan Ngoc Nguyen
Download or read book The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies written by Lan Ngoc Nguyen and published by Cambridge University Press. This book was released on 2023-01-31 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment of how UNCLOS dispute settlement bodies develop the law the sea and factors that explain such development.
Book Synopsis Research Handbook on International Environmental Law by : Malgosia Fitzmaurice
Download or read book Research Handbook on International Environmental Law written by Malgosia Fitzmaurice and published by Edward Elgar Publishing. This book was released on 2010 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.
Book Synopsis The IMLI Manual on International Maritime Law: The law of the sea by : David Joseph Attard
Download or read book The IMLI Manual on International Maritime Law: The law of the sea written by David Joseph Attard and published by Oxford University Press, USA. This book was released on 2014 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
Book Synopsis The Environmental Rule of Law for Oceans by : Froukje Maria Platjouw
Download or read book The Environmental Rule of Law for Oceans written by Froukje Maria Platjouw and published by Cambridge University Press. This book was released on 2023-02-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access.
Book Synopsis Law of the Sea, Environmental Law and Settlement of Disputes by : Tafsir Malick Ndiaye
Download or read book Law of the Sea, Environmental Law and Settlement of Disputes written by Tafsir Malick Ndiaye and published by BRILL. This book was released on 2007-11-30 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars’ and practitioners’ perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
Book Synopsis Functional Jurisdiction in the Law of the Sea by : Maria Gavouneli
Download or read book Functional Jurisdiction in the Law of the Sea written by Maria Gavouneli and published by BRILL. This book was released on 2007-12-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
