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The Legal Principle Of The Common Heritage Of Mankind And Deep Sea Bed Mining Outside The Un Convention On The Law Of The Sea
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Book Synopsis The legal principle of the common heritage of mankind and deep sea-bed mining outside the U.N. Convention on the Law of the Sea by : Karl Steinacker
Download or read book The legal principle of the common heritage of mankind and deep sea-bed mining outside the U.N. Convention on the Law of the Sea written by Karl Steinacker and published by . This book was released on 1985 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cries of the Sea by : Peter Bautista Payoyo
Download or read book Cries of the Sea written by Peter Bautista Payoyo and published by BRILL. This book was released on 2021-09-27 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources `the common heritage of mankind'. The author suggests that the terms `common', `heritage', and `humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of `the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.
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 Mineral Resources of the Sea by :
Download or read book The Mineral Resources of the Sea written by and published by Elsevier. This book was released on 1965-01-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mineral Resources of the Sea
Book Synopsis International Law for Antarctica by : Francesco Francioni
Download or read book International Law for Antarctica written by Francesco Francioni and published by Martinus Nijhoff Publishers. This book was released on 2024-01-09 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey by : Alfonso Ascencio-Herrera
Download or read book The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey written by Alfonso Ascencio-Herrera and published by Martinus Nijhoff Publishers. This book was released on 2022-04-19 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.
Book Synopsis The Principle of Common Heritage of Mankind in the New Law of the Sea: An African Perspective Based on Nasila S. Rembe’s Work by : Timo Knaebe
Download or read book The Principle of Common Heritage of Mankind in the New Law of the Sea: An African Perspective Based on Nasila S. Rembe’s Work written by Timo Knaebe and published by GRIN Verlag. This book was released on 2007-08 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: B+, University of Dar es Salaam (Faculty of Law), course: Law of the Sea, 66 entries in the bibliography, language: English, abstract: Hailed as a milestone in the development of international relations and sparked by the remarks of the Ambassador of Malta - Arvid Pardo - at the United Nations General Assembly, besides the 1982 United Nations Convention on the Law of the Sea, the principle of Common Heritage of Mankind found entry in numerous international treaties. Changing the conception of the Freedom of the High Seas as brought about some 400 years ago by Dutch Lawyer Hugo Grotius and 'ruling the world' ever since, this paper analyzes the legal significance of the principle from an African perspective. Based on the notions brought forward by the Group of 77, of which the African contribution to the Third United Nations Conference on the Law of the Sea was part, Nasila S. Rembe formulated the following African demands for the translation of the concept of Common Heritage of Mankind into the envisaged New Law of the Sea. These are namely: the usage of the seabed for exclusively peaceful purposes, ensuring the rational exploitation of the resources, and the minimization of likely adverse economic effects. Following the historical developments between the 1958 Geneva Conventions and the aftermath of the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea, adopted as United Nations General Assembly Resolution 48/263, the paper examines the legal character of the principle of Common Heritage of Mankind in different stages and to which extend the African demands were met. The significant changes mainly to Part XI of the 1982 United Nations Convention on the Law of the Sea brought about by the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United N
Book Synopsis Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals by : Angela Del Vecchio
Download or read book Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals written by Angela Del Vecchio and published by Springer. This book was released on 2019-04-25 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.
Book Synopsis The Concept of the Common Heritage of Mankind in International Law by : Kemal Baslar
Download or read book The Concept of the Common Heritage of Mankind in International Law written by Kemal Baslar and published by BRILL. This book was released on 2024-02-06 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Book Synopsis Implementation of the United Nations Convention on the Law of the Sea by : Dai Tamada
Download or read book Implementation of the United Nations Convention on the Law of the Sea written by Dai Tamada and published by Springer Nature. This book was released on 2021-04-02 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.
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 Global Commons and the Law of the Sea by : Keyuan Zou
Download or read book Global Commons and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2018-08-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Commons and the Law of the Sea respectively addresses the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Book Synopsis Regulating Deep Sea Mining by : Klaas Willaert
Download or read book Regulating Deep Sea Mining written by Klaas Willaert and published by Springer Nature. This book was released on 2021-08-30 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis and explanation of the legal regime with regard to deep sea mining. The wide array of activities which we refer to as deep sea mining are not governed by one universal framework. On the contrary, numerous legal instruments play a role, and it is important to maintain a clear overview. The United Nations Convention on the Law of the Sea (UNCLOS) sets out the overarching regime, but important distinctions must be made. For example, deep sea mining in the Area is subject to international regulations adopted by the International Seabed Authority (ISA), while similar activities on the continental shelf fall under national jurisdiction and are governed by domestic legislation of the coastal state. This dichotomy must be nuanced, however, taking into account that non-state actors conducting deep sea mining operations in the Area must also adhere to national laws of the sponsoring state, while mineral exploration and exploitation on the continental shelf are likewise subject to a number of international rules and principles. Moreover, separate exploration regulations were adopted by the ISA for distinct categories of mineral resources, and national legislation on deep sea mining is quite diverse. This book clearly identifies all relevant legal instruments, assesses their role, explains their interactions, and engages with some of the topical issues that surround them.
Book Synopsis Transfer of Technology for Deep Sea-Bed Mining by : Yuwen Li
Download or read book Transfer of Technology for Deep Sea-Bed Mining written by Yuwen Li and published by Martinus Nijhoff Publishers. This book was released on 1994-10-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of transfer of technology for deep sea-bed mining under the 1982 Law of the Sea Convention and the controversies that have arisen about it. The book also discusses transfer of technology in international law in general and examines developments since the adoption of the 1982 Convention. These include national mining legislations of industrialized countries, extensive work by the Preparatory Commission for the establishment of the International Sea-Bed Authority and the International Tribunal for the Law of the Sea, and the new compromise Agreement relating to the deep sea-bed mining régime adopted by the General Assembly on 28 July, 1994. The book appears at the time when the Convention enters into force (16 November 1994). It will be of interest to academic lawyers and economists with an interest in the deep sea-bed mining issue, as well as to all those in the sea-bed mining industry, in public service (governmental and inter-governmental) and in UN organizations, who are likely to get involved in deep sea-bed mining and/or transfer of technology issues.
Book Synopsis Sea-Bed Energy and Minerals: The International Legal Regime by : E.D. Brown
Download or read book Sea-Bed Energy and Minerals: The International Legal Regime written by E.D. Brown and published by BRILL. This book was released on 2021-10-18 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume work is concerned with the rules of international law governing the exploitation of the energy and mineral resources to be found on and under the sea-bed. Volume 3 complements the previous two volumes by making available a selection of the principal documents referred to in volume 1 "The" "Continental Shelf" and volume 2 "Sea-Bed Mining." The documents are arranged in three Parts. Part 1 includes document on the continental shelf and the exclusive economic zone; Part 2 covers the United Nations regime for the Area beyond the limits of national jurisdiction, including the landmark Mining Code adopted in July 2000; and Part 3 has a selection of national legislation on sea-bed mining and related co-ordinating treaties. Also included is a table showing the status, as at 1 October 2000, of the UN Convention on the Law of the Sea, 1982 and the 1994 Agreement relating to the Implementation of the UN Convention. This volume will be a useful practical tool for academics, practitioners, and policy-makers concerned with the legal regime governing sea-bed energy and minerals and presents a carefully selected set of documents indispensable for a full understanding of the regimes analysed in the earlier volumes.
Book Synopsis The 1982 Law of the Sea Convention at 30 by : David Freestone
Download or read book The 1982 Law of the Sea Convention at 30 written by David Freestone and published by Martinus Nijhoff Publishers. This book was released on 2013-01-23 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea.
Book Synopsis The International Legal Governance of the Human Genome by : Chamundeeswari Kuppuswamy
Download or read book The International Legal Governance of the Human Genome written by Chamundeeswari Kuppuswamy and published by Routledge. This book was released on 2009-06-09 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human genome is a well known symbol of scientific and technological progress in the twenty-first century. However, concerns about the exacerbation of inequalities between the rich and the poor, the developing and the developed states, the healthy and the unhealthy are causing problems for the progress of scientific research. The international community is moving towards a human rights approach in addressing these concerns. Such an approach will be piecemeal and ineffective so long as fundamental issues about economic, social and cultural rights, the so-called second generation of human rights, are not addressed. This book argues that, in order to be able to meaningfully apply a human rights framework to the governance of the human genome, the international human rights framework should be based on a unified theory of human rights where the distinction between positive and negative rights is set aside. The book constructs a common heritage concept with the right to development at its core and explores the content of the right to development through rational human rights theory. It is argued that the notion of property rights in the human genome should be placed within the context of protecting human rights, including the right to development. The concept of common heritage of humanity, contrary to the widely held belief that it is in opposition to patenting of gene sequences, supports human rights-based conceptions of property rights. This book fills a gap in the literature on international legal governance of the human genome will provide an essential reference point for research into the right to development, development issues in bioethics, the role of international institutions in law making and research governance.
