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Author : Massimo Lando
Publisher : Cambridge University Press
Page : 435 pages
File Size : 41,6 Mb
Release : 2019-06-06
Category : Law
ISBN : 9781108497398
The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Author : Alex G. Oude Elferink,Tore Henriksen,Signe Veierud Busch
Publisher : Unknown
Page : 455 pages
File Size : 42,7 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781108424790
Offers a comprehensive and systematical review of the case law on maritime delimitation, identifying various inconsistencies.
Author : Stephen Fietta,Robin Cleverly
Publisher : Oxford University Press
Page : 600 pages
File Size : 51,5 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191027055
This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Author : Rainer Lagoni,Daniel Vignes
Publisher : BRILL
Page : 255 pages
File Size : 52,8 Mb
Release : 2006
Category : Law
ISBN : 9789004150331
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
Author : Seoung Yong Hong,Jon M. Van Dyke
Publisher : BRILL
Page : 325 pages
File Size : 54,6 Mb
Release : 2009
Category : Law
ISBN : 9789004173439
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Author : Natalie Klein,Kate Parlett
Publisher : Oxford University Press
Page : 465 pages
File Size : 53,6 Mb
Release : 2022-11-10
Category : Law
ISBN : 9780192594884
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 : Nuno Marques Antunes
Publisher : BRILL
Page : 705 pages
File Size : 40,7 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004482050
This new monograph on maritime delimitation by Dr. Nuno Antunes is based on a thesis submitted for the degree of Doctor of Philosophy at the University of Durham. The work is one of legal, political and technical analysis of an aspect of the law of the sea that is of current interest in all regions of the world.
Author : Thomas Cottier
Publisher : Cambridge University Press
Page : 835 pages
File Size : 55,6 Mb
Release : 2015-04-30
Category : Business & Economics
ISBN : 9781107080171
Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.
Author : Uladzislau Belavusau,Kristin Henrard
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 48,8 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781509915002
The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.
Author : Stephen Minas,Jordan Diamond,Holly Doremus
Publisher : BRILL
Page : 377 pages
File Size : 48,9 Mb
Release : 2018-09-06
Category : Law
ISBN : 9789004352926
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.
Author : The Hon Justice Mr Winston Anderson
Publisher : BRILL
Page : 469 pages
File Size : 46,9 Mb
Release : 2022-01-21
Category : Law
ISBN : 9789004503199
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 : Malcolm D. Evans
Publisher : Oxford University Press, USA
Page : 288 pages
File Size : 54,9 Mb
Release : 1989
Category : Business & Economics
ISBN : UOM:39015028715939
Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.
Author : Snjólaug Árnadóttir
Publisher : Cambridge University Press
Page : 269 pages
File Size : 40,6 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781009058421
Coastal States exercise sovereignty and sovereign rights in maritime zones, measured from their coasts. The limits to these maritime zones are bound to recede as sea levels rise and coastlines are eroded. Furthermore, ocean acidification and ocean warming are increasingly threatening coastal ecosystems, which States are obligated to protect and manage sustainably. These changes, accelerating as the planet heats, prompt an urgent need to clarify and update the international law of maritime zones. This book explains how bilateral maritime boundaries are established, and how coastal instability and vulnerable ecosystems can affect the delimitation process through bilateral negotiations or judicial settlement. Árnadóttir engages with core concepts within public international law to address emerging issues, such as diminishing territory and changing boundaries. She proposes viable ways of addressing future challenges and sets out how fundamental changes to the marine environment can justify termination or revision of settled maritime boundaries and related agreements.
Author : Chris Carleton,Clive H. Schofield
Publisher : IBRU
Page : 76 pages
File Size : 48,6 Mb
Release : 2002
Category : Baselines (Law of the sea)
ISBN : 9781897643471
Author : Bjarni Már Magnússon
Publisher : Hotei Publishing
Page : 333 pages
File Size : 55,9 Mb
Release : 2015-05-07
Category : Law
ISBN : 9789004296848
In The Continental Shelf Beyond 200 Nautical Miles Bjarni Már Magnússon explores various aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles and its interplay with maritime boundary delimitations.
