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: 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: 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: Sean Murphy
Publisher: West Academic
Release Date: 2012-05-31
Murphy’s Principles of International Law is designed to be either a stand-alone text or a complement to all the major casebooks on the topic. 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. The text is divided into three sections, as follows: 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 The third 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: 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: Anthony Aust
Publisher: Cambridge University Press
Release Date: 2010-04-01
To the new student of international law, the subject can appear extremely complex: a system of laws created by states, international courts and tribunals operating at the national and global level. A clear guide to the subject is essential to ensure understanding. This handbook provides exactly that: written by an expert who both teaches and practises in the field, it focuses on what the law is; how it is created; and how it is applied to solve day-to-day problems. It offers a practical approach to the subject, giving it relevance and immediacy. The new edition retains a concise, user-friendly format allowing central principles such as jurisdiction and the law of treaties to be understood. In addition, it explores more specialised topics such as human rights, terrorism and the environment. This handbook is the ideal introduction for students new to international law.
Author: Donald R. Rothwell
Publisher: Oxford University Press, USA
Release Date: 2015
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
Author: J. Martin Rochester
Publisher: CQ Press
Release Date: 2011-11-08
Genre: Political Science
In this concise introduction to international law, students gain a clear appreciation for how politics shapes the development of international law, and how international law shapes political relations between states. Throughout the book, Rochester takes this complex subject and makes it accessible with his vibrant, easy-to-read prose.
Author: Barbara Kwiatkowska
Publisher: Martinus Nijhoff Publishers
Release Date: 2002-05-07
This pioneering publication provides A Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of A Reference Guide. It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.
The second edition of this authoritative and analytical work provides a clear and balanced account of the traditional framework and emerging rules of custom and treaty law. The inclusion and discussion of a range of primary sources provides an understanding of the foundations and practical implementation of international law as an integrated regime. In addition to a comprehensive coverage of essential areas such as sources, treaties, jurisdiction, personality, territory, law of the sea, state responsibility and sovereign immunity, more specialised topics are included, such as international environmental law, human rights and the rules of the World Trade Organization. Summaries and extracts from major treaties and leading decisions of important tribunals as well as the practices of states and global organisations support a deeper understanding of each topic. Fully revised and updated, the text reflects recent developments affecting the principles and practices in contemporary international law. Chapter order is restructured, accommodating increased focus on international criminal law and human rights.
Author: Alexander Prölss
Publisher: Hart Publishing Limited
Release Date: 2017-03-09
The United Nations Convention on the Law of the Sea (UNCLOS) entered into force in 1994. Meanwhile, it has been ratified by about 160 States, including all the Member States of the EU, and the EU itself. The Convention defines the rights and duties of national States with regard to the use of the seas. UNCLOS consolidates customary international law and various Conventions previously concluded by the international community. This treaty, the most comprehensive ever concluded, is often referred to as 'the constitution for the seas.' In this article-by article commentary, a focus is laid on the interaction between UNCLOS and the European legal order, in such areas as the prevention and the reduction of environmental pollution or the fair distribution of natural resources.
Author: Patricia Park
Publisher: CRC Press
Release Date: 2013-03-01
Genre: Business & Economics
This completely revised edition of Energy Law and the Environment has greatly expanded its scope to explore how international law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this second edition has been aptly renamed International Law for Energy and the Environment. It considers issues of energy sector regulation related to economics and protection of intellectual property associated with development of technologies for mitigating environmentally damaging emissions. The book is divided into three sections that build upon each other. Section I addresses the interrelationship between international law, environmental law, and the energy sector. It covers regulatory theory within an economic context; the regulation of multinational companies with regard to international regulation and state rules; and trade, competition, and environmental law in the energy sector. Section II examines the regulation of the various energy sectors—oil, gas, and nuclear—and how international law affects them and their ownership, risk, and liability. Section III considers some of the main energy producer/user jurisdictions where energy companies operate, including more developed systems around the world, such as the United States, the European Union, the United Kingdom, Norway, and Australia as well as two major emerging economies, namely, India and China. The final chapter reviews the material presented in the book, drawing conclusions about the current state of environmental regulation in the energy sector and identifying potential future developments.