The International Law Of Antarctica

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The International Law of Antarctica

Author : Emilio J. Sahurie
Publisher : BRILL
ISBN 13 : 9004639284
Total Pages : 641 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The International Law of Antarctica by : Emilio J. Sahurie

Download or read book The International Law of Antarctica written by Emilio J. Sahurie and published by BRILL. This book was released on 2023-11-27 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antarctica is the last, most inhospitable frontier on earth, yet it presents a great number of unresolved conflicts between nations, individuals, environmentalists, scientists and business groups. The International Law of Antarctica addresses the crucial question of how international law can respond to claims that will certainly shape tomorrow's Antarctica. The author adopts a policy-oriented approach and focuses on the primary issue of determining the effective norms by which the process of value shaping and sharing develops in Antarctica, and to what extent such norms satisfy the prevailing aspirations of the world community. Where discrepancies are significant policies are proposed that may better meet such aspirations, as well as methods for their implementation. Part I of this study describes the social, power, and legal processes relating to Antarctica; reviews the geographic, technological, economic, and historical context in which these processes evolve, and how their special features affect such processes; and finally postulates the basic community policies with reference to which the process of claims and decisions in Antarctica are analyzed. Part II focuses on national claims to Antarctica by reviewing claims relating to the modes to establish exclusive appropriation of the area. Part III is a detailed examination of specific claims to Antarctica resources: claims to mineral and living resources, and claims relating to space-extension resources, namely, Antarctica sea and air space. It is concluded by an appraisal of the congruence of the existing order of Antarctica with the postulated basic policies, critically reviewing proposals for a new order, and advancing long-term and more immediate alternatives.

The International Law of Antarctica

Author : Emilio Sahurie
Publisher : Springer
ISBN 13 :
Total Pages : 650 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The International Law of Antarctica by : Emilio Sahurie

Download or read book The International Law of Antarctica written by Emilio Sahurie and published by Springer. This book was released on 1992-07-23 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antarctica is the last, most inhospitable frontier on earth, yet it presents a great number of unresolved conflicts between nations, individuals, environmentalists, scientists and business groups. The International Law of Antarctica addresses the crucial question of how international law can respond to claims that will certainly shape tomorrow's Antarctica. The author adopts a policy-oriented approach and focuses on the primary issue of determining the effective norms by which the process of value shaping and sharing develops in Antarctica, and to what extent such norms satisfy the prevailing aspirations of the world community. Where discrepancies are significant policies are proposed that may better meet such aspirations, as well as methods for their implementation. Part I of this study describes the social, power, and legal processes relating to Antarctica; reviews the geographic, technological, economic, and historical context in which these processes evolve, and how their special features affect such processes; and finally postulates the basic community policies with reference to which the process of claims and decisions in Antarctica are analyzed. Part II focuses on national claims to Antarctica by reviewing claims relating to the modes to establish exclusive appropriation of the area. Part III is a detailed examination of specific claims to Antarctica resources: claims to mineral and living resources, and claims relating to space-extension resources, namely, Antarctica sea and air space. It is concluded by an appraisal of the congruence of the existing order of Antarctica with the postulated basic policies, critically reviewing proposals for a new order, and advancing long-term and more immediate alternatives.

International Law and the Antarctic Treaty System

Author : Arthur Watts
Publisher : Cambridge University Press
ISBN 13 : 9780521463119
Total Pages : 490 pages
Book Rating : 4.4/5 (631 download)

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Book Synopsis International Law and the Antarctic Treaty System by : Arthur Watts

Download or read book International Law and the Antarctic Treaty System written by Arthur Watts and published by Cambridge University Press. This book was released on 1992-10 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an invaluable up-to-date survey of the legal framework for Antarctic activities, written by an author with direct practical experience of the Antarctic Treaty system. Reflecting the increase of activity in the area, the work examines the basic Antarctic Treaty of 1959 and the subsequent major additional treaties and regulatory measures to provide a clear and authoritative picture of the Antarctic legal system as a whole. The author demonstrates how these legal arrangements make an important contribution to international law generally notwithstanding the unique characteristics that set Antarctica apart.

International Law for Antarctica

Author : Francesco Francioni
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041103642
Total Pages : 710 pages
Book Rating : 4.1/5 (36 download)

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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 1996 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is the result of an on-going research project on the Antarctic regime being carried out in various Italian universities and open to the participation of scholars and experts from different countries. Two concomitant factors led to the undertaking of the project: the increasing interest aroused by Antarctica in the scientific community, and the dynamic evolution of the Antarctic question in international law and politics. The result is something different from simply a second edition of a previous book, as it was clear that certain topics required entirely new treatment, especially environmental protection, liability, and institutional development. The editors tried to carefully co-ordinate the 21 individual contributions so as to properly cover the whole range of topics while at the same time preserving the pluralistic character of the book.

Antarctica in International Law

Author : Ben Saul
Publisher : Bloomsbury Publishing
ISBN 13 : 178225885X
Total Pages : 1136 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Antarctica in International Law by : Ben Saul

Download or read book Antarctica in International Law written by Ben Saul and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antarctica, one of the world's last great wildernesses, presents special challenges for international law. Fears that Antarctica would become a front in the Cold War catalysed agreement on the 1959 Antarctic Treaty which neither legitimised nor challenged the existing sovereign claims to the continent. The unique Antarctic Treaty System has provided the foundation for peaceful, harmonious and effective governance. There are, however, new anxieties about the frozen continent and the Southern Ocean. Antarctica already feels the effects of climate change and ocean acidification. Claimant states assert rights to the Antarctic continental shelf and interest in Antarctic resources grows. Tourism brings new environmental and safety risks. China and other powers are increasing their activities, with some questioning the consensus of the 'Antarctic club'. Security concerns are increasingly discussed, despite Antarctica's dedication to peaceful purposes. This book brings together the main primary international materials concerning the regulation and governance of Antarctica, including multilateral and bilateral treaties, United Nations materials, 'soft laws' and judicial decisions. It covers the spectrum of Antarctic issues from environmental protection to scientific cooperation to tourism. As it shows, Antarctic law has constantly adapted to meet new challenges and is a sophisticated, inclusive, dynamic and responsive regime.

Antarctica and the Law of the Sea

Author : Christopher C. Joyner
Publisher : BRILL
ISBN 13 : 9004481850
Total Pages : 316 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Antarctica and the Law of the Sea by : Christopher C. Joyner

Download or read book Antarctica and the Law of the Sea written by Christopher C. Joyner and published by BRILL. This book was released on 2021-09-27 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antarctica and the Southern Ocean cover one-tenth of the earth's surface. In a legal and environmental sense, Antarctica represents the geography of hope. It is the freshest and most pristine of regions, governed by a legal regime that offers Antarctica and its circumpolar water the unique possibility of becoming the world's first global wilderness preserve. But in today's age of resource scarcity, Antarctica still provokes much political, economic and legal debate. Over the past decade, international attention has increasingly focused on the legal status of the continent, the potential for hydrocarbon exploitation offshore, and opportunities for harvesting circumpolar living marine resources. In this fascinating treatment, Christopher C. Joyner undertakes the first serious examination of the intimate relationship between Antarctica and the law of the sea. Using Antarctica as a case study, Joyner probes large conceptual issues of ocean law and politics. He uses the intricate details of oceanography and law to unravel the dynamics of the Antarctic Treaty System. In doing so, he examines how the changing importance of Antarctic issues has affected the development of the law of the sea for the region, the ways in which states define their national interests, and the accommodation through various negotations that have contributed to the development of law for governing the Southern Ocean. While the study of law for the Antarctic is provocative in itself, this work goes much farther. The study critically analyzes the region's biogeography, the condition of sovereignty on the continent, the lawfulness of asserting jurisdictional zones offshore, and various legal implications for Antarctica's continental shelf, local island groups, circumpolar deep seabed, and the Southern Ocean's high seas. Moreover, the special legal efforts by the international community to protect the Antarctic seas from marine pollution and to conserve its living marine resources are comprehensively appraised. Thorough, authoritative, and objectively reasoned, Antarctica and the Law of the Sea provides an insightful assessment of how law can progressively develop for a resource-rich region of the world's ocean. As such, it should appeal to a broad range of international lawyers and social scientists who are interested in international relations, political economy, environmental politics, and the law of the sea.

The Status of Antarctica in the Light of International Law

Author : Jacek Machowski
Publisher :
ISBN 13 :
Total Pages : 162 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Status of Antarctica in the Light of International Law by : Jacek Machowski

Download or read book The Status of Antarctica in the Light of International Law written by Jacek Machowski and published by . This book was released on 1977 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law for Antarctica

Author : Francesco Francioni
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004638431
Total Pages : 699 pages
Book Rating : 4.0/5 (46 download)

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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:

Africa and the International Law of the Sea

Author : Nasila S. Rembe
Publisher : BRILL
ISBN 13 : 9789028606395
Total Pages : 280 pages
Book Rating : 4.6/5 (63 download)

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Book Synopsis Africa and the International Law of the Sea by : Nasila S. Rembe

Download or read book Africa and the International Law of the Sea written by Nasila S. Rembe and published by BRILL. This book was released on 1980 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antarctica & the Southern Ocean cover one-tenth of the earth's surface. In a legal & environmental sense, Antarctica represents the geography of hope. It is the freshest & most pristine of regions, governed by a legal regime that offers Antarctica & its circumpolar water the unique possibility of becoming the world's first global wilderness preserve. But in today's age of resource scarcity, Antarctica still provokes much political, economic & legal debate. Over the past decade, international attention has increasingly focused on the legal status of the continent, the potential for hydrocarbon exploitation offshore, & opportunities for harvesting circumpolar living marine resources. In this fascinating treatment, Christopher C. Joyner undertakes the first serious examination of the intimate relationship between Antarctica & the law of the sea. Using Antarctica as a case study, Joyner probes large conceptual issues of ocean law & politics. He uses the intricate details of oceanography & law to unravel the dynamics of the Antarctic Treaty System. In doing so, he examines how the changing importance of Antarctic issues has affected the development of the law of the sea for the region, the ways in which states define their national interests, & the accommodation through various negotations that have contributed to the development of law for governing the Southern Ocean. While the study of law for the Antarctic is provocative in itself, this work goes much farther. The study critically analyzes the region's biogeography, the condition of sovereignty on the continent, the lawfulness of asserting jurisdictional zones offshore, & various legal implications for Antarctica's continental shelf, local island groups, circumpolar deep seabed, & the Southern Ocean's high seas. Moreover, the special legal efforts by the international community to protect the Antarctic seas from marine pollution & to conserve its living marine resources are comprehensively appraised. Thorough, authoritative, & objectively reasoned, Antarctica & the Law of the Sea provides an insightful assessment of how law can progressively develop for a resource-rich region of the world's ocean. As such, it should appeal to a broad range of international lawyers & social scientists who are interested in international relations, political economy, environmental politics, & the law of the sea.

The Concept of the Common Heritage of Mankind in International Law

Author : Kemal Baslar
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105059
Total Pages : 468 pages
Book Rating : 4.1/5 (5 download)

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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 Martinus Nijhoff Publishers. This book was released on 1998 with total page 468 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.

Antarctic Security in the Twenty-First Century

Author : Alan D. Hemmings
Publisher : Routledge
ISBN 13 : 1136324755
Total Pages : 370 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis Antarctic Security in the Twenty-First Century by : Alan D. Hemmings

Download or read book Antarctic Security in the Twenty-First Century written by Alan D. Hemmings and published by Routledge. This book was released on 2012-11-27 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. The book assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region. The contributions to this volume engage with a security discourse which has expanded beyond the traditional military domain to include notions of security from the perspective of economics, the environment and bio-security. This book provides a contemporary and innovative approach to Antarctic issues which will be of interest to scholars of international law, international relations, security studies and political science as well as policy makers, lawyers and government officials with an interest in the region.

The Concept of State Jurisdiction in International Space Law

Author : Imre Anthony Csabafi
Publisher : Springer
ISBN 13 : 9401509212
Total Pages : 289 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Concept of State Jurisdiction in International Space Law by : Imre Anthony Csabafi

Download or read book The Concept of State Jurisdiction in International Space Law written by Imre Anthony Csabafi and published by Springer. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Csabafi in his clearly and concisely written book sets out to confront the most pressing jurisdictional problems arising from the exploration and use of outer space, problems which the authors of the Outer Space Treaty of 27th January, 1967, have not attempted to solve. He has recognized that in view of the lack of sufficient knowledge of tech nological capabilities present and anticipated of the utilization of outer space and its political, economic and social implications, the time is not yet ripe for the elaboration of specific rules to govern most of the highly com plex issues in this context. Apart from the lack of sufficient knowledge and experience, the achieve ment of a consensus on rules regarding jurisdiction in outer space is further hampered by the strongly divergent interpretations of the fundamental prin ciples of the Outer Space Treaty namely the principle of freedom of outer space for exploration and use and the principle of non-appropriation of outer space. In various parts of his study Dr. Csabafi has, on the basis of a thorough study of the preparatory work of the Outer Space Treaty, ex pressed his views on the meaning of these principles.

The Arctic in International Law and Policy

Author : Kristina Schönfeldt
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915796
Total Pages : 1680 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Arctic in International Law and Policy by : Kristina Schönfeldt

Download or read book The Arctic in International Law and Policy written by Kristina Schönfeldt and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 1680 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.

Legal Status of Antarctic Off-shore Areas

Author : Ulrich J. Nussbaum
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Status of Antarctic Off-shore Areas by : Ulrich J. Nussbaum

Download or read book Legal Status of Antarctic Off-shore Areas written by Ulrich J. Nussbaum and published by . This book was released on 1993 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Politics of Antarctica (Routledge Revivals)

Author : Peter J. Beck
Publisher : Routledge
ISBN 13 : 1317700961
Total Pages : 347 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis The International Politics of Antarctica (Routledge Revivals) by : Peter J. Beck

Download or read book The International Politics of Antarctica (Routledge Revivals) written by Peter J. Beck and published by Routledge. This book was released on 2014-06-17 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1986, this book considers the nature of international interest in Antarctica and the positions of those involved. It looks at the significance of the historical dimension, the development of the treaty system, the management of marine and mineral resources, the role of the United Nations and the impact of such non-governmental organisations as Greenpeace International. The Antarctic implications of the Falklands War of 1982 are also discussed, as well as the underlying relationship between America and the Soviet Union during the 1980s. With a truly international scope, this reissue will be of particular relevance to students with an interest in the political, legal, economic and environmental concerns surrounding the Antarctic region, both in the present and historically.

Antarctic Law and Politics

Author : F. M. Auburn
Publisher :
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Antarctic Law and Politics by : F. M. Auburn

Download or read book Antarctic Law and Politics written by F. M. Auburn and published by . This book was released on 1982 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A review of the Antarctic Treaty regime, and its increasing inability to deal with the urgent issues of vast resources (oil, gas, krill, fresh water) and sovereignty disputes.

The Antarctic Treaty System

Author : Jeffrey D Myhre
Publisher : Routledge
ISBN 13 : 1000314642
Total Pages : 160 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Antarctic Treaty System by : Jeffrey D Myhre

Download or read book The Antarctic Treaty System written by Jeffrey D Myhre and published by Routledge. This book was released on 2019-07-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because negotiations for the Antarctic Treaty were kept secret, the issues that shaped the treaty system have been poorly understood. Dr. Myhre breaks new ground by examining the records of the first Antarctic Treaty Consultative Meetings and evaluating the events of the Special Consultative Meetings on Antarctic Mineral Resources. Introducing the reader to Antarctic politics, Dr. Myhre examines legal and political problems arising from some nations' claims to sovereignty in Antarctica, reviews initial efforts to create an international administration for the region, and studies in detail the terms of the treaty and the rules of procedure for the consultative meetings. Turning to the diplomatic events that molded the treaty system, he concentrates on the issues that emerged in the 1960s: conservation, the role of Meetings of Experts, the position of the Scientific Committee on Antarctic Research within the treaty system, the obligations of acceding states to uphold previous agreements, and the Consultative Powers' failure to establish an Antarctic Secretariat. Finally, he reviews the two main challenges to the system's survival—mineral extraction and Third World opposition to the present structure.