Law Of The Sea Negotiations

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Negotiating the Law of the Sea

James K. Sebenius
Negotiating the Law of the Sea Book PDF

Author : James K. Sebenius
Publisher : Harvard University Press
Page : 276 pages
File Size : 52,9 Mb
Release : 1984
Category : Business & Economics
ISBN : 0674606868

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Negotiating the Law of the Sea by James K. Sebenius Pdf

The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

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

Angela Del Vecchio,Roberto Virzo
Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals Book PDF

Author : Angela Del Vecchio,Roberto Virzo
Publisher : Springer
Page : 437 pages
File Size : 43,6 Mb
Release : 2019-04-25
Category : Law
ISBN : 9783030107734

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Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals by Angela Del Vecchio,Roberto Virzo Pdf

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.

The Oxford Handbook of United Nations Treaties

Simon Chesterman,David M. Malone,Santiago Villalpando
The Oxford Handbook of United Nations Treaties Book PDF

Author : Simon Chesterman,David M. Malone,Santiago Villalpando
Publisher : Oxford University Press, USA
Page : 737 pages
File Size : 53,7 Mb
Release : 2019
Category : Law
ISBN : 9780190947842

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The Oxford Handbook of United Nations Treaties by Simon Chesterman,David M. Malone,Santiago Villalpando Pdf

The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.

Negotiating the New Ocean Regime

Robert L. Friedheim
Negotiating the New Ocean Regime Book PDF

Author : Robert L. Friedheim
Publisher : Univ of South Carolina Press
Page : 442 pages
File Size : 54,9 Mb
Release : 1993
Category : Law
ISBN : 0872498387

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Negotiating the New Ocean Regime by Robert L. Friedheim Pdf

The task of the United Nations Conference on the Law of the Sea (1967-82) was to create a new ocean regime. Participants negotiated every major issue of ocean use: jurisdiction in the coastal and contiguous zones, the territorial sea, and the new two-hundred-mile exclusive economic zone (EEZ); transit and overflight through straits and archipelagos; fisheries management in the EEZs and high seas; ocean environmental obligations; the right to conduct ocean science; and the management of deep seabed mineral exploitation. Negotiating the treaty required more than fifteen years and the consent of more than one hundred and fifty nations. The resulting treaty, composed of three hundred and twenty articles plus seven major annexes, represents the final product of the largest, longest, and most complex formal negotiation in modern times. Negotiating the New Ocean Regime analyzes both the substance of the problems at hand - what should be done about the oceans - and the process of the bargaining and negotiating. With law and history as a background, Robert Friedheim uses regime theory and resource economics to analyze ocean problems and bargaining/cooperation theory of negotiation. To evaluate the treaty through the eyes of the stakeholders, the author employs a multi-attribute utility model. Finally, he assesses the bargaining system - parliamentary diplomacy with consensus as the decisive rule - for its usefulness, limitations, and applicability to other current global problems.

Ocean Law Debates

Harry N. Scheiber,Nilufer Oral,Moon-Sang Kwon
Ocean Law Debates Book PDF

Author : Harry N. Scheiber,Nilufer Oral,Moon-Sang Kwon
Publisher : BRILL
Page : 590 pages
File Size : 47,7 Mb
Release : 2018-03-22
Category : Law
ISBN : 9789004343146

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Ocean Law Debates by Harry N. Scheiber,Nilufer Oral,Moon-Sang Kwon Pdf

Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.

Beyond the Law of the Sea

George Galdorisi,Kevin R. Vienna
Beyond the Law of the Sea Book PDF

Author : George Galdorisi,Kevin R. Vienna
Publisher : Praeger
Page : 0 pages
File Size : 51,8 Mb
Release : 1997-11-20
Category : History
ISBN : 9780275957544

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Beyond the Law of the Sea by George Galdorisi,Kevin R. Vienna Pdf

The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.

New Knowledge and Changing Circumstances in the Law of the Sea

Tomas Heidar
New Knowledge and Changing Circumstances in the Law of the Sea Book PDF

Author : Tomas Heidar
Publisher : BRILL
Page : 498 pages
File Size : 41,9 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004437753

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New Knowledge and Changing Circumstances in the Law of the Sea by Tomas Heidar Pdf

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

Marine Biodiversity of Areas beyond National Jurisdiction

Myron H. Nordquist,Ronán Long
Marine Biodiversity of Areas beyond National Jurisdiction Book PDF

Author : Myron H. Nordquist,Ronán Long
Publisher : BRILL
Page : 369 pages
File Size : 52,9 Mb
Release : 2021-02-15
Category : Law
ISBN : 9789004422438

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Marine Biodiversity of Areas beyond National Jurisdiction by Myron H. Nordquist,Ronán Long Pdf

Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.

United Nations Convention on the Law of the Sea, 1982

Myron H. Nordquist
United Nations Convention on the Law of the Sea 1982 Book PDF

Author : Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
Page : 546 pages
File Size : 40,5 Mb
Release : 1985
Category : Law
ISBN : 9024737192

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United Nations Convention on the Law of the Sea, 1982 by Myron H. Nordquist Pdf

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.

Implementation of the United Nations Convention on the Law of the Sea

Dai Tamada,Keyuan Zou
Implementation of the United Nations Convention on the Law of the Sea Book PDF

Author : Dai Tamada,Keyuan Zou
Publisher : Springer Nature
Page : 259 pages
File Size : 55,5 Mb
Release : 2021-04-02
Category : Law
ISBN : 9789813369542

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Implementation of the United Nations Convention on the Law of the Sea by Dai Tamada,Keyuan Zou Pdf

This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.

Canadian Foreign Policy and the Law of Sea

Barbara Johnson,Mark W. Zacher
Canadian Foreign Policy and the Law of Sea Book PDF

Author : Barbara Johnson,Mark W. Zacher
Publisher : UBC Press
Page : 409 pages
File Size : 43,7 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774844260

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Canadian Foreign Policy and the Law of Sea by Barbara Johnson,Mark W. Zacher Pdf

Since the 1960s, there have been intensive international negotiations to revise the law of the sea. These discussions culminated in the convening of the Third United Nations Conference on the Law of the Sea in December 1973 and in four additional sessions up to September 1976. Whether the almost 150 participating states will be able to reach an accord in 1977 or later on, the myriad issues on their agenda is still uncertain. Two major issues have been the extension of coastal-state jurisdiction over resources and activities and the estblishment of an international regime to govern the exploitation of the deep seabed. Canada's most significant role has been that of a leader of the "coastal-state grouping," which has sought to expand states' jurisdiction over fisheries, seabed resources, scientific research, and pollution control within a 200-mile economic zone and sometimes beyond. A number of these Canadian policy goals have already been accepted by a large majority of the participants in the conference. In this role, Canada has found itsself opposed to many of its traditional allies among the developed nations with large fleets engaged in commerce in distant waters, and concerned about the traditional freedom of the high seas, and has aligned itself with the coastal developing nations of Africa, Asia, and Latin America. The seven essays in this volume examine the development of Canadian policies on the major law of the sea issues and the outcome of the negotiations on them. In so doing, the studies have analysed Canada's dramatic seward expansion and involvement in one of teh most important United Nations Conferences.

The International Tribunal for the Law of the Sea

Kriangsak Kittichaisaree
The International Tribunal for the Law of the Sea Book PDF

Author : Kriangsak Kittichaisaree
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 40,8 Mb
Release : 2021-01-21
Category : Law
ISBN : 9780198865292

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The International Tribunal for the Law of the Sea by Kriangsak Kittichaisaree Pdf

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.

Law of the Sea Negotiations

Anonim
Law of the Sea Negotiations Book PDF

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 49,7 Mb
Release : 2017
Category : Law of the sea
ISBN : OCLC:1427385654

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Law of the Sea Negotiations by Anonim Pdf

"The Law of the Sea is an international treaty which defines the responsibilities of nations on how to use the world's oceans. This packet is a designed reproduction on some informal discussions about the United States' position and stakes during the negotiations. Under President Gerald Ford, the committee for negotiating the Law of the Sea was highly concerned with the rights and control of deep-sea mining. These documents seem to also suggest that the committee was disorganized, resulting in the resignation of Mr. John Norton Moore, the Deputy Special Representative of the President for the Law of the Sea and Chairman of the National Security Council Interagency Task Force for the Law of the Sea. The Law of the Sea entitles nations to the waters 200 miles beyond their coast line. But today, China is not honoring this agreement by claiming a different set of rules known as the "N-dash" line which entitles the county to claim nearly all of the South China Sea, a water rumored to possess immense deep-sea wealth."--Page [1].

Global Challenges and the Law of the Sea

Marta Chantal Ribeiro,Fernando Loureiro Bastos,Tore Henriksen
Global Challenges and the Law of the Sea Book PDF

Author : Marta Chantal Ribeiro,Fernando Loureiro Bastos,Tore Henriksen
Publisher : Springer Nature
Page : 473 pages
File Size : 52,5 Mb
Release : 2020-05-23
Category : Law
ISBN : 9783030426712

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Global Challenges and the Law of the Sea by Marta Chantal Ribeiro,Fernando Loureiro Bastos,Tore Henriksen Pdf

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

The Law of the Sea

David Freestone,Richard Barnes,David M. Ong
The Law of the Sea Book PDF

Author : David Freestone,Richard Barnes,David M. Ong
Publisher : Oxford University Press on Demand
Page : 465 pages
File Size : 47,6 Mb
Release : 2006
Category : Law
ISBN : 0199299617

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The Law of the Sea by David Freestone,Richard Barnes,David M. Ong Pdf

It is now more than ten years since the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force and more than twenty years since it was concluded in December of 1982 after more than nine years of negotiations. The famous "package deal"that it represented addressed many ofthe problematic issues that previous conventions had been unable to settle. This collection of essays, by leading academics and practitioners, provides a critical review of the LOSC and its relationship to and interface with the wide range of developments which have occurred since 1982. The individual chapters reveal a number of core themes, including the need to maintain the integrity of the LOSC and its centrality to oceans regulation; the tension between regional global regimes for oceans governance and the struggle to reconcile these within the LOSC; the gradual consolidationof authority over oceans space; the difficulty of adapting some of the more dated provisions of the LOSC to deal with unforeseen contemporary issues of oceans use; and the consequent development of the general obligations of the LOSC through binding and non-binding agreements. They clearly indicatethe potential impact and role of post-LOSC agreements and institutions in developing the law of the sea and resolving some of the outstanding substantive issues. From this it is clear that the future of the Law of the Sea will involve an understanding of the wider legal environment within which itoperates.