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The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
Author : Satya Nandan,Kristine E. Dalaker Publisher : National University of Singapore Press Page : 224 pages File Size : 43,9 Mb Release : 2021-02-25 Category : Law of the sea ISBN : 9813251379
The Development of the Law of the Sea Convention by Øystein Jensen Pdf
The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.
The Future of the Law of the Sea by Gemma Andreone Pdf
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Law of the Sea in South East Asia by Donald R Rothwell,David Letts Pdf
The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.
Author : Jill Barrett,Richard Barnes Publisher : British Institute for International & Comparative Law Page : 0 pages File Size : 52,6 Mb Release : 2016 Category : Law of the sea ISBN : 1905221525
"The British Institute of International and Comparative Law (BIICL) organized the 'UNCLOS at 30' conference on 22-23 November 2012 in Belfast, which inspired the launching of this book project. All of the contributing authors spoke at the conference...and most of their chapters have evolved from their presentations"--Page vii.
Change in the Law of the Sea by Rozemarijn J. Roland Holst Pdf
This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.
The Book, The Law Of The Sea, With An Introduction By Professor U.N. Gupta, Is Designed To Meet The Needs And Requirements Of Scholars Of International Law And International Relations; Professionals Engaged In Merchant Shipping Or Connected With Naval Forces And The Policy Makers Of Different States Who Want To Know About National Interests In The Seas, Among Others. Necessarily, The Book Presents In Depth The Various Forms And Aspects Of Human Interests Involved When The States Do Or Do Not Have A Sea Coast. This Study Encompasses A Period Of About Six Centuries And Is Dotted With Conflict Of Claims Made By Kings And States From Time To Time, Various Mutual Understandings Made, Treaties Or Conventions Signed By Them, Or Customary International Law Relating To The Sea As It Gradually Developed By Consensus Or By Sufferance. The Sea Has Provided An Easy Method Of Navigation For Trade Or Empire Building Purposes. The Various Parts Of The Sea, Like Bays, Gulfs Or Territorial Sea Got Defined In The Process. This Part Of The Law Of Sea Which Is History-Based And Mainly Customary Has Been Included In The Introduction Part Of The Book. With The Technological Advancements Made For Winning The Second World War, The Victorious Powers Saw The Vast Economic Potential For Exploitation Presented To Them By The Widespread Ocean Wealth. This Capability And Future Prospects Gave Copernican Turn To Customary Law Of The Sea As It Was Till The End Of Second World War. The New Competitive Wave Set In Motion By The Two Unilateral Proclamations By The Usa In 1945 Resulted In The Overhauling Of The Law Of Sea By The Four 1958 Geneva Conventions On The Law Of Sea. The Introduction And The Appendices To The Book Give The Rationale, Substance And The Texts Of These Developments. These Also Lead To Various International Understands, Conventions And Treaties Made For Peaceful Uses Of The Seas By The States. The Important Use Of The Seas For Extraction Of Sea Wealth Gave Rise To Further Demands On The Law Of Sea In 1960S And 1970S Leading To The Iii United Nations Conferences On The Law Of Sea. The Culminated Comprehensive 1981 Un Convention On The Law Of Sea After Long Drawn Consensus Procedures By All The States Of The World, Coastal Or Non-Coastal, Is In Various Ways Studied In The Book And The Text Of 1981 Convention On The Law Of Sea Has Been Included In Its Appendices.
Law of the Sea Institute. Annual Conference,Dalhousie Ocean Studies Programme
Author : Law of the Sea Institute. Annual Conference,Dalhousie Ocean Studies Programme Publisher : Honolulu : The Institute Page : 640 pages File Size : 55,6 Mb Release : 1984 Category : Law ISBN : UVA:35007006730422
Dispute Resolution in the Law of the Sea by Igor V. Karaman Pdf
The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.
Functional Jurisdiction in the Law of the Sea by Maria Gavouneli Pdf
Drawing on the essential premises of the Law of the Sea Convention as constotuion of the oceans, this book looks into the ways it can be evolved to accommodate new challenges to its regulatory scheme.
Saving the Oceans Through Law by James Harrison Pdf
The protection of the marine environment is an important challenge for the international community. Harrison critically assesses the role of international law, highlighting key developments in treaties and legal rules, but also pointing to the need for greater coordination and stronger enforcement mechanisms
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.
Author : Donald Rothwell Publisher : Edward Elgar Publishing Page : 0 pages File Size : 48,6 Mb Release : 2013 Category : Law of the sea ISBN : 0857939076
Law of the Sea is a collection of foundational and contemporary essays and articles which together, provide a comprehensive overview and analysis of the current law. With a particular focus on some of the key debates that arose during negotiation of the 1982 United Nations Convention on the Law of the Sea and how those issues are now seen in light of Twenty-First Century events, this book is an essential resource for students and researchers engaging in this dynamic and fundamental area of the International Law field. Contributors include leading diplomats, scholars and practitioners of the Law of the Sea.