Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

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Author :
Publisher : Springer
ISBN 13 : 3030107736
Total Pages : 437 pages
Book Rating : 4.0/5 (31 download)

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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.

International Law and Justice

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Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Law and Justice by : John R. Rowan

Download or read book International Law and Justice written by John R. Rowan and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.

Case-Law and the Development of International Law

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Author :
Publisher : Brill Nijhoff
ISBN 13 : 9789004467651
Total Pages : 288 pages
Book Rating : 4.4/5 (676 download)

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Book Synopsis Case-Law and the Development of International Law by : Patrícia Galvão Teles

Download or read book Case-Law and the Development of International Law written by Patrícia Galvão Teles and published by Brill Nijhoff. This book was released on 2021 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--

The International Tribunal for the Law of the Sea

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198865295
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The International Tribunal for the Law of the Sea by : Kriangsak Kittichaisaree

Download or read book The International Tribunal for the Law of the Sea written by Kriangsak Kittichaisaree and published by Oxford University Press, USA. This book was released on 2021-01-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.

Human Rights Norms in ‘Other' International Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108499732
Total Pages : 517 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Rights Norms in ‘Other' International Courts by : Martin Scheinin

Download or read book Human Rights Norms in ‘Other' International Courts written by Martin Scheinin and published by Cambridge University Press. This book was released on 2019-07-25 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the role and impact of human rights norms in international courts other than human rights courts

Evolutionary Interpretation and International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509929908
Total Pages : 412 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evolutionary Interpretation and International Law by : Georges Abi-Saab

Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 23 (2019)

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Author :
Publisher : BRILL
ISBN 13 : 9004443312
Total Pages : 653 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 23 (2019) by : ITLOS

Download or read book Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 23 (2019) written by ITLOS and published by BRILL. This book was released on 2020-10-12 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook provides information on the composition, jurisdiction, procedure and organization of the Tribunal and about its judicial activities in 2019. L'Annuaire fournit au public des informations sur la composition, la compétence, la procédure et l’organisation du Tribunal ainsi que sur les activités judiciaires menées par celui-ci en 2019.

International Courts and Tribunals

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Author :
Publisher :
ISBN 13 : 9781782547778
Total Pages : 0 pages
Book Rating : 4.5/5 (477 download)

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Book Synopsis International Courts and Tribunals by : William Schabas

Download or read book International Courts and Tribunals written by William Schabas and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.

The South China Sea Arbitration

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253750
Total Pages : 274 pages
Book Rating : 4.7/5 (822 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 Bloomsbury Publishing. This book was released on 2014-11-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.

Global Governance and the International Law of the Sea

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1040090826
Total Pages : 220 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Global Governance and the International Law of the Sea by : Shani Friedman

Download or read book Global Governance and the International Law of the Sea written by Shani Friedman and published by Taylor & Francis. This book was released on 2024-07-12 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts an examination of the international legal regime of the continental shelf through the lens of international relations (IR), with a primary focus on global governance theory. Presenting a new perspective within the field of IR and international law, the book offers new insights into the rules, principles, practices, and actors that establish and govern social interactions and the management of common affairs at the transnational level. The governance framework within the continental shelf can encompass a wider scope than legal laws alone, incorporating informal rules or potentially disregarding formal “black letter” rules that may not be effectively applied in practice. To exemplify how governance theory and other IR theories contribute to the analysis of the legal regime concerning the continental shelf, the book conducts an in-depth examination of three significant issues: (i) the demarcation and delimitation of the continental shelf, (ii) the rights and obligations of coastal States in the continental shelf, and (iii) procedural matters related to the continental shelf and international maritime adjudication. This book will be of interest to students and scholars in the field of the law of the sea, international law, global governance, and international relations.

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

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Author :
Publisher :
ISBN 13 : 9783030107741
Total Pages : 444 pages
Book Rating : 4.1/5 (77 download)

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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 . This book was released on 2019 with total page 444 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. --

Legitimacy and International Courts

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legitimacy and International Courts by : Nienke Grossman

Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Judging the Law of the Sea

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Publisher : Oxford University Press
ISBN 13 : 0192594885
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Judging the Law of the Sea by : Natalie Klein

Download or read book Judging the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022-11-10 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

The International Law of the Sea

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107009995
Total Pages : 505 pages
Book Rating : 4.1/5 (7 download)

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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 2012-04-05 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.

Asian Yearbook of International Law, Volume 24 (2018)

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Author :
Publisher : BRILL
ISBN 13 : 9004437789
Total Pages : 477 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Asian Yearbook of International Law, Volume 24 (2018) by : Seokwoo Lee

Download or read book Asian Yearbook of International Law, Volume 24 (2018) written by Seokwoo Lee and published by BRILL. This book was released on 2020-11-30 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).

The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108845630
Total Pages : 353 pages
Book Rating : 4.1/5 (88 download)

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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.

The Evolutionary Interpretation of Treaties

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Publisher :
ISBN 13 : 0198716141
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Evolutionary Interpretation of Treaties by : Eirik Bjørge

Download or read book The Evolutionary Interpretation of Treaties written by Eirik Bjørge and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.