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Between Stability And Change In The Law Of The Sea Convention Subsequent Practice Treaty Modification And Regime Interaction
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Book Synopsis Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction by : Irina Buga
Download or read book Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction written by Irina Buga and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Modification of Treaties by Subsequent Practice by : Irina Buga
Download or read book Modification of Treaties by Subsequent Practice written by Irina Buga and published by Oxford University Press. This book was released on 2018-04-04 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.
Book Synopsis Stability and Change in the Law of the Sea: The Role of the LOS Convention by : Alex G. Oude Elferink
Download or read book Stability and Change in the Law of the Sea: The Role of the LOS Convention written by Alex G. Oude Elferink and published by BRILL. This book was released on 2005-12-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.
Book Synopsis Modification of Treaties by Subsequent Practice by : Irina Buga
Download or read book Modification of Treaties by Subsequent Practice written by Irina Buga and published by Oxford University Press. This book was released on 2018-04-04 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.
Book Synopsis Change in the Law of the Sea by : Rozemarijn J. Roland Holst
Download or read book Change in the Law of the Sea written by Rozemarijn J. Roland Holst and published by BRILL. This book was released on 2022-02-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.
Book Synopsis New Knowledge and Changing Circumstances in the Law of the Sea by : Tomas Heidar
Download or read book New Knowledge and Changing Circumstances in the Law of the Sea written by Tomas Heidar and published by BRILL. This book was released on 2020-09-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Book Synopsis Regime Interaction in Ocean Governance by : Seline Trevisanut
Download or read book Regime Interaction in Ocean Governance written by Seline Trevisanut and published by BRILL. This book was released on 2020-06-08 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies problems raised by regime interaction in ocean governance, discusses relevant theoretical approaches and explores possible solutions. It ultimately highlights how regime interaction can also contribute to better ocean governance.
Book Synopsis Smart Ports and Robotic Systems by : Tafsir Matin Johansson
Download or read book Smart Ports and Robotic Systems written by Tafsir Matin Johansson and published by Springer Nature. This book was released on 2023-04-02 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of smart ports and remote technologies in the maritime industry. It demonstrates how modern advances in artificial intelligence and robotics have transformed the shipping industry, and assesses the impact of this technology from a law and governance standpoint. The book covers a range of topics including port autonomous operations systems, cybersecurity, big data analytics, digitalization and blockchain to throw light on the opportunities and benefits of these new technologies in improving security and safety. It also considers the challenges and threats of their application. It concludes by examining the trajectory of national and international regulatory developments. The book will appeal to scholars and students of maritime technology, law and governance, as well as practitioners and policymakers. Chapters 8, 19 and 20 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
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 The International Law of the Sea by : Yoshifumi Tanaka
Download or read book The International Law of the Sea written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2023-02-28 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides clear, systematic and comprehensive coverage of fundamental and contemporary issues of the law of the sea.
Book Synopsis Unconventional Lawmaking in the Law of the Sea by : Natalie Klein
Download or read book Unconventional Lawmaking in the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea
Book Synopsis Maritime Security and the Law of the Sea by : Sir Malcolm D. Evans
Download or read book Maritime Security and the Law of the Sea written by Sir Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security.
Book Synopsis The 'legal Pluriverse' Surrounding Multinational Military Operations by : Robin Geiß
Download or read book The 'legal Pluriverse' Surrounding Multinational Military Operations written by Robin Geiß and published by Oxford University Press, USA. This book was released on 2020 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.
Book Synopsis China’s Law of the Sea by : Isaac B. Kardon
Download or read book China’s Law of the Sea written by Isaac B. Kardon and published by Yale University Press. This book was released on 2023-03-28 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth examination of the law and geopolitics of China’s maritime disputes and their implications for the rules of the international law of the sea China’s Law of the Sea is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order—specifically, the international law of the sea. Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China’s leaders have begun to implement “China’s law of the sea”: building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China’s preferred maritime rules on the water and in the diplomatic arena. Isaac B. Kardon examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order.
Book Synopsis The South China Sea Dispute as International Law and Politics by : Youngmin Seo
Download or read book The South China Sea Dispute as International Law and Politics written by Youngmin Seo and published by BRILL. This book was released on 2024-04-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digging deep into the fields of international law (IL) and international relations (IR) theory, this book offers a groundbreaking interdisciplinary exploration of legal solutions to the South China Sea dispute. Youngmin Seo navigates the complex terrain of the role of international law in times of power redistribution, presenting unique insights that redefine perspectives. Seamlessly blending IR and IL perspectives and providing a nuanced understanding of this global issue in the Indo-Pacific, this work is a beacon in turbulent waters.
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 827 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 The Oxford Handbook of Jurisdiction in International Law by : Stephen Allen
Download or read book The Oxford Handbook of Jurisdiction in International Law written by Stephen Allen and published by Oxford University Press, USA. This book was released on 2019-08-27 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
