Author: Donald R. Rothwell
Publisher: Bloomsbury Publishing
Release Date: 2016-02-25
The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a contemporary explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention. The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, and the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification.
Author: Nicholas M Poúlantzas
Publisher: Martinus Nijhoff Publishers
Release Date: 2002-10-23
In three Parts the author examines the right of hot pursuit on land, in the international law of the sea, and in international air law. He critically analyzes the development of the right, its present status and position in the future. Hence, solutions are proposed to present problems of international law in connection with the right of hot pursuit, as well as to problems which may arise in the future. Thus, the doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. These extensively discussed developments include not only consideration of the right of hot pursuit in connection with guerilla warfare techniques and conflicts not amounting to war, but also all recent evolutions in the international law of the sea, including, inter alia, problems appertaining to fisheries, exploration and exploitation of the continental shelf, pirate radiostations, and pollution of the sea. In addition, the right of hot pursuit in international air law is examined in connection with all modern situations, for instance, recent interception techniques of intruding aircraft, contiguous air space limits, hi-jacking of aircraft and air piracy. This work is an extended and updated edition of the book first published in 1969.
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
Release Date: 2015-04-16
This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.
Author: Clive Ralph Symmons
Publisher: Virago Press
Release Date: 2000
Genre: Contiguous zones (Law of the sea)
The second edition of this highly regarded book takes account of developments since the first edition was published in 1993. It discusses: * The interesting background to the imposition of the Irish straight baselines in the 1950s * The problem of the harassment of Irish fishing vessels beyond the 12-mile limit * The intended invocation of the law of piracy * Drug interdiction at sea * Problems connected with Ireland's submission of the external limits of its claimed continental shelf because of maritime boundary disputes * New treaty commitments on maritime pollution * The role of the Irish Naval Service in the law of the sea, particularly in regard to use of force in law enforcement situations.
Author: Yucel Acer
Publisher: Taylor & Francis
Release Date: 2017-07-05
This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.
Author: Edwin E. Egede
Release Date: 2017-12-14
On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.
Author: Jan Klabbers
Publisher: Cambridge University Press
Release Date: 2017-04-13
Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabber's landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. The second edition has been updated throughout, with particular attention to recent judicial decisions, and features new sections on sovereign debt relief, the prompt release of vessels, and the Antarctic.
Author: Robin Rolf Churchill
Publisher: Juris Publishing, Inc.
Release Date: 1999-01-01
The Law of the Sea quickly established itself as the standard work on the subject: authoritative, balanced and readable.This new 3rd edition has been completely revised and updated to cover the many developments that have occurred since publication of the second edition in 1988, among the most notable of which is the entry into force in 1994 of the UN Convention on the Law of the Sea. Written so as to be intelligible to all concerned with maritime affairs, the book has proved particularly valuable to international lawyers and those taking specialist courses in the law of the sea and maritime studies.The aim of the third edition of this book remains broadly the same as that of the first two editions, namely to provide an introduction to the law of the sea, surveying not only the 1982 United Nations Convention on the Law of the Sea but also the customary and conventional law which supplements it. Since the previous edition of this book was published in 1988, much has happened in the law of the sea. Most notably, the 1982 Convention has entered into force and is now widely ratified. In addition a number of important multilateral treaties have been concluded (including the two Agreements of 1994 and 1995 relating to the implementation of the Convention), there have been several judgments by international courts and tribunals, and there has been a vast amount of bilateral treaty-making, national legislation and other forms of State practice. This new edition has been completely revised and extensively rewritten, although the basic structure of the book remains unchanged. Scope Of The Book: This book is concerned with the public international law of the sea - that is to say, with the rules and principles that bind States in their international relations concerning maritime matters. Accordingly, it does not discuss, except incidentally, the rules of private maritime law, which concern such matters as marine insurance, carriage of goods by sea and maritime liens; nor does it provide a survey of the municipal law of the United Kingdom, or of any other country, relating to the law of the sea. Furthermore, it is concerned with the laws of peace and not with the matters that have traditionally been considered under the heading of the laws of war, and consequently topics such as maritime neutrality and prize law fall beyond its scope. Nonetheless, this leaves a considerable body of law within the purview of the book.The treatment of the subject falls into two broad divisions. First, we take each of the major maritime zones recognized in contemporary international law, and explain the rules presently applicable to that zone against the background of the main stages of the historical development of those rules. Increasingly, however, the law of the sea is being developed along functional, rather than zonal, lines. For example, whereas the 1958 United Nations Conference on the Law of the Sea concentrated mainly on producing a framework of rules governing States'' rights and duties in the territorial sea, continental shelf and high seas, many of the more recent international agreements have been concerned not with particular zones but with particular uses of the seas, such as pollution, fishing (which was in fact also the subject of one of the conventions produced by the 1958 conference) and navigation. We have, therefore, thought it necessary, in order to bring together the many rules of international law relating to the various uses of the seas, to provide separate surveys of each of the main activities carried out in the seas. These functional surveys appear in the later chapters of the book.Although the international law of the sea is in principle limited in its application to States and other entities having international personality, it has immediate significance for individuals. Thus, for instance, individuals may be arrested in coastal waters on charges of illegal fishing, or find that their ships are deniedAbout The Authors: R. R. Churchill is Reader in Law at the University of Wales, Cardiff. V. Lowe is Reader in International Law at the University of Cambridge and a Fellow of Corpus Christi College.
Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
Release Date: 1993-08-30
These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.
Author: Sean D. Murphy
Publisher: West Academic
Release Date: 2012
This fully-updated second edition provides a comprehensive survey of public international law, with useful references throughout to current events, classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to all the major casebooks on the topic. The first section of the book addresses the fundamental structure, actors, and history of international law; the second section focuses on the interface of international law and national law; and the final section covers key subject matter areas: human rights, the law of the sea, international environmental law, international criminal law, and the use of force.
Author: Holger Hestermeyer
Publisher: Springer Science & Business Media
Release Date: 2010-09-28
The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.
Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
Release Date: 1991
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the regime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal regime governing underwater archaeological and historical objects.