Navigational Rights And Freedoms And The New Law Of The Sea

Author : Donald R. Rothwell,W. S. Walter Samuel Grono Bateman
Publisher : Martinus Nijhoff Publishers
Page : 400 pages
File Size : 44,7 Mb
Release : 2000-11-14
Category : Law
ISBN : 9041114998

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Navigational Rights and Freedoms, and the New Law of the Sea by Donald R. Rothwell,W. S. Walter Samuel Grono Bateman Pdf

Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were 'open' or 'closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.

Author : Myron H. Nordquist,John Norton Moore,Robert Beckman,Ronán Long
Publisher : Martinus Nijhoff Publishers
Page : 330 pages
File Size : 42,5 Mb
Release : 2014-10-13
Category : Law
ISBN : 9789004284081

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Freedom of Navigation and Globalization by Myron H. Nordquist,John Norton Moore,Robert Beckman,Ronán Long Pdf

Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts.

Author : James Kraska,Raul A Pedrozo
Publisher : Naval Institute Press
Page : 240 pages
File Size : 40,8 Mb
Release : 2018-06-15
Category : History
ISBN : 9781682471173

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The Free Sea by James Kraska,Raul A Pedrozo Pdf

The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.

Author : Donald R. Rothwell,Tim Stephens
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 43,8 Mb
Release : 2016-02-25
Category : Law
ISBN : 9781782256854

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The International Law of the Sea by Donald R. Rothwell,Tim Stephens Pdf

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 : Cameron Moore
Publisher : Routledge
Page : 152 pages
File Size : 52,8 Mb
Release : 2021-02-09
Category : Law
ISBN : 9780429758911

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Freedom of Navigation and the Law of the Sea by Cameron Moore Pdf

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

Author : Myron H. Nordquist,Tommy Koh,John Norton Moore
Publisher : BRILL
Page : 646 pages
File Size : 48,7 Mb
Release : 2008-12-23
Category : Law
ISBN : 9789047427056

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Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention by Myron H. Nordquist,Tommy Koh,John Norton Moore Pdf

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment.

Author : Donald R. Rothwell,Sam Bateman
Publisher : BRILL
Page : 389 pages
File Size : 48,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004482661

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Navigational Rights and Freedoms and the New Law of the Sea by Donald R. Rothwell,Sam Bateman Pdf

Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.

Author : Donald R Rothwell,David Letts
Publisher : Routledge
Page : 323 pages
File Size : 44,6 Mb
Release : 2019-07-19
Category : Law
ISBN : 9780429664960

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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 : Francis Ngantcha
Publisher : Burns & Oates
Page : 248 pages
File Size : 46,6 Mb
Release : 1990
Category : Law
ISBN : UVA:35007004194548

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The Right of Innocent Passage and the Evolution of the International Law of the Sea by Francis Ngantcha Pdf

This is a contribution to the debate about the Law of the Sea, published to coincide with the signing of a new Convention. Despite comprehensive international rules on navigation contained in the 1982 Law of the Sea Convention, the right of innocent passage for all ships is still controversial in many respects - particularly the definition of non-innocent passsage, the recognition of the possibility of declarations, the innocent passage of warships or other special sea vessels.

Author : Donald R Rothwell,Tim Stephens
Publisher : Hart Publishing
Page : 0 pages
File Size : 46,9 Mb
Release : 2023-09-21
Category : Law
ISBN : 150995838X

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The International Law of the Sea by Donald R Rothwell,Tim Stephens Pdf

Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description 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 comprehensive assessment 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 many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. 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, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues 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, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.

Author : René Jean Dupuy,Daniel Vignes
Publisher : Martinus Nijhoff Publishers
Page : 894 pages
File Size : 40,8 Mb
Release : 1991-10-16
Category : Law
ISBN : 0792310632

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A handbook on the new law of the sea. 2 (1991) by René Jean Dupuy,Daniel Vignes Pdf

The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conferences Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.

Author : Sam Bateman
Publisher : Routledge
Page : 139 pages
File Size : 43,8 Mb
Release : 2019-09-16
Category : Law
ISBN : 9780429557088

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Freedoms of Navigation in the Asia-Pacific Region by Sam Bateman Pdf

The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.

Author : United Nations. Office for Ocean Affairs and the Law of the Sea
Publisher : Office for Ocean Affairs and Law of Sea United Nations
Page : 166 pages
File Size : 49,9 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029185744

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The Law of the Sea by United Nations. Office for Ocean Affairs and the Law of the Sea Pdf

Author : United Nations. Office for Ocean Affairs and the Law of the Sea,United Nations. Division for Ocean Affairs and the Law of the Sea
Publisher : New York : United Nations
Page : 198 pages
File Size : 43,9 Mb
Release : 1992
Category : Law
ISBN : UVA:35007000488589

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The Law of the Sea by United Nations. Office for Ocean Affairs and the Law of the Sea,United Nations. Division for Ocean Affairs and the Law of the Sea Pdf

Author : Philipp Wendel
Publisher : Springer Science & Business Media
Page : 300 pages
File Size : 51,8 Mb
Release : 2007-09-19
Category : Law
ISBN : 9783540743323

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State Responsibility for Interferences with the Freedom of Navigation in Public International Law by Philipp Wendel Pdf

Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.