Judging The Law Of The Sea

Author : Natalie Klein,Kate Parlett
Publisher : Oxford University Press
Page : 465 pages
File Size : 49,8 Mb
Release : 2022-11-10
Category : Law
ISBN : 9780192594884

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Judging the Law of the Sea by Natalie Klein,Kate Parlett Pdf

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.

Author : Natalie Klein,Kate Parlett
Publisher : Oxford University Press
Page : 465 pages
File Size : 53,8 Mb
Release : 2022-11-15
Category : Law
ISBN : 9780198853350

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Judging the Law of the Sea by Natalie Klein,Kate Parlett Pdf

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.

Author : Hassan S. Khalilieh
Publisher : Cambridge University Press
Page : 305 pages
File Size : 45,5 Mb
Release : 2019-05-02
Category : History
ISBN : 9781108481458

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Islamic Law of the Sea by Hassan S. Khalilieh Pdf

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 45,8 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854

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Legitimacy and International Courts by Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein Pdf

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Author : Stefan Kadelbach,Thilo Rensmann,Eva Rieter
Publisher : Springer
Page : 663 pages
File Size : 47,8 Mb
Release : 2019-04-15
Category : Law
ISBN : 9783319948485

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Judging International Human Rights by Stefan Kadelbach,Thilo Rensmann,Eva Rieter Pdf

This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

Author : Michal Bobek
Publisher : Oxford University Press, USA
Page : 337 pages
File Size : 50,9 Mb
Release : 2015
Category : Law
ISBN : 9780198727781

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Selecting Europe's Judges by Michal Bobek Pdf

"The past decade has witnessed changes in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The common aim has been securing greater professional quality of the judicial candidates. For this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Were these institutional reforms successful in guaranteeing greater quality of the candidates? Might they have any positive impact on the legitimacy of the European courts? Has the creation of the expert advisory panels in any way shifted the institutional balance, either horizontally among the various institutions of the respective international organization, or vertically between the organization and its member state? Above all, however, is the spree of 'judicial comitology' as currently applied a good method of selecting Europe's judges? These and a number of other questions are addressed in this volume in a comparative and interdisciplinary perspective. First, the volume describes for the first time in depth the operation of the new selection mechanisms from different vantage points, including not just academic, but also practitioners' points of view. Second, having mapped the ground, it critically engages with selected common themes in a comparative way, analyzing the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy"--Unedited summary from book jacket.

Author : Daniel Terris,Cesare P. R. Romano,Leigh Swigart
Publisher : UPNE
Page : 350 pages
File Size : 46,8 Mb
Release : 2007
Category : Law
ISBN : 1584656662

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The International Judge by Daniel Terris,Cesare P. R. Romano,Leigh Swigart Pdf

An interdisciplinary introduction to international judges and their work

Author : Reginald Godfrey Marsden
Publisher : The Lawbook Exchange, Ltd.
Page : 1104 pages
File Size : 48,7 Mb
Release : 2000
Category : Admiralty
ISBN : 9781886363960

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Documents Relating to Law and Custom of the Sea by Reginald Godfrey Marsden Pdf

A fascinating document and a landmark in the development of the common law. The only English translation of the first book of its kind, enhanced by Professor Seipp's detailed Table of Contents demonstrating the exhaustive scope of the work, followed by his new introductory essay.

Author : The Hon Justice Mr Winston Anderson
Publisher : BRILL
Page : 469 pages
File Size : 52,9 Mb
Release : 2022-01-21
Category : Law
ISBN : 9789004503199

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The Law of the Sea in the Caribbean by The Hon Justice Mr Winston Anderson Pdf

The Law of the Sea in the Caribbean discusses the evolution and growth of the law of the sea in the Caribbean and its contribution to the sustainable development of Caribbean States.

Author : Anonim
Publisher : BRILL
Page : 534 pages
File Size : 47,9 Mb
Release : 2020-02-03
Category : Law
ISBN : 9789004425002

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 27 (2009) by Anonim Pdf

The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.

Author : Yoshifumi Tanaka
Publisher : Bloomsbury Publishing
Page : 606 pages
File Size : 53,5 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509912100

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Predictability and Flexibility in the Law of Maritime Delimitation by Yoshifumi Tanaka Pdf

This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.

Author : Kenneth R. Simmonds
Publisher : Unknown
Page : 464 pages
File Size : 52,6 Mb
Release : 1976
Category : Law of the sea
ISBN : UVA:35007006885192

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Cases on the Law of the Sea by Kenneth R. Simmonds Pdf

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 40,5 Mb
Release : 2016-08-26
Category : Law
ISBN : 9781785365928

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A Short Introduction to Judging and to Legal Reasoning by Geoffrey Samuel Pdf

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists themselves (the internal view); and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist (the external view). Combining cases and materials with original text, this unique, concise format is designed for students who are starting out on their law programmes, as well as for students and researchers who would like to examine judging and legal reasoning in more depth.

Author : Paul A. Brand,Paul Brand,Joshua Getzler
Publisher : Cambridge University Press
Page : 367 pages
File Size : 45,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781107018976

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Judges and Judging in the History of the Common Law and Civil Law by Paul A. Brand,Paul Brand,Joshua Getzler Pdf

Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.

Author : Shicun Wu,Mark Valencia
Publisher : Routledge
Page : 364 pages
File Size : 45,8 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317005629

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UN Convention on the Law of the Sea and the South China Sea by Shicun Wu,Mark Valencia Pdf

Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.