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Author : Marianthi Pappa
Publisher : Cambridge University Press
Page : 253 pages
File Size : 46,8 Mb
Release : 2021-07-08
Category : Law
ISBN : 9781108835220
Critical analysis of the legal framework on maritime delimitation, with recommendations for the evolution of international law at sea.
Author : Rainer Lagoni,Daniel Vignes
Publisher : BRILL
Page : 255 pages
File Size : 49,8 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 : Stephen Fietta,Robin Cleverly
Publisher : Oxford University Press
Page : 600 pages
File Size : 41,7 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 : S. P. Jagota
Publisher : Martinus Nijhoff Publishers
Page : 416 pages
File Size : 46,9 Mb
Release : 1985-07-08
Category : Law
ISBN : 902473133X
With the fundamental changes which occurred in the political structure of Europe, & improved East--West relations in general, the Arctic has increasingly become the focal point of international attention during the last few years. Scientific research & environmental protection are areas which have already witnessed some form of international cooperation in the area. With this particular evolution in mind, a new look at the legal regime of navigation in the Arctic seems to be justified. While several other countries border on the Arctic, Canada & Russia have the most extensive shorelines & have shown keen interest in ensuring that their proper share of this area is not encroached by other countries. This book is thus generally restricted to an examination of the maritime boundaries that these states are claiming, & the extent to which other states have recognized them. It also explores the need for greater international cooperation in this area, not only between the two main contenders but also with other countries that have shown a special interest in Arctic navigation & in the exploitation of resources of this area.
Author : James Summers,Alex Gough
Publisher : BRILL
Page : 523 pages
File Size : 41,7 Mb
Release : 2018-10-11
Category : Law
ISBN : 9789004340251
This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
Author : Andrea Bianchi
Publisher : Routledge
Page : 667 pages
File Size : 53,7 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351914383
The expression 'non-state actors' has become part and parcel of the common parlance of international lawyers. Together with the traditional subjects of international law, such as states and international organizations, non-state actors play an important role in international law-making, law-adjudication and law-enforcement processes. Although the subjects/actors discourse takes place in a variety of contexts, most of the time the relevant narrative merely describes how different actors participate in the legal process in any given area. Little attention has been drawn to the theoretical discourse about non-state actors and its relation to the doctrine of the subjects of international law. Whether the solution lies in 'relativizing' the subjects or rather in 'subjectivizing' the actors remains open to doubt. The constant swing of the pendulum from the normative to the descriptive mesmerizes the observer but hardly hides the struggle for determining who may legitimately and authoritatively perform legally relevant acts on the international scene.
Author : Melissa Loja
Publisher : Bloomsbury Publishing
Page : 241 pages
File Size : 40,6 Mb
Release : 2022-09-22
Category : Law
ISBN : 9781509951123
This book examines whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It asks whether, beyond Article 38 of the Statute of the International Court of Justice, there is a system of rules, processes, beliefs or semantics by which these agreements can be objectively identified as a source of international law. Departing from the more usual state-centric analysis, it adopts postmodern legal positivism as its analytical tool. This allows for the reality that international law-making takes place in subjective social landscapes. To test the effectiveness of this approach, it is applied to agreements between petroleum agencies and corporations which allow two or more states to exploit disputed resources across boundaries looking in particular at arrangements involving China, Vietnam and the Philippines. By so doing it illustrates an alternative way that states can manage disputes, without having to resort to conflict. It will appeal to both scholars and practitioners of public international law, as well as civil servants.
Author : Andrew Clapham
Publisher : OUP Oxford
Page : 2518 pages
File Size : 40,5 Mb
Release : 2006-03-02
Category : Political Science
ISBN : 9780191018626
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Author : Kristina Schönfeldt
Publisher : Bloomsbury Publishing
Page : 1680 pages
File Size : 41,7 Mb
Release : 2017-08-24
Category : Law
ISBN : 9781509915798
The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.
Author : Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
Publisher : Oxford Handbooks in Law
Page : 1073 pages
File Size : 43,5 Mb
Release : 2015
Category : Law
ISBN : 9780198715481
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
Author : Irene Limo
Publisher : GRIN Verlag
Page : 78 pages
File Size : 53,9 Mb
Release : 2014-08-25
Category : Political Science
ISBN : 9783656728535
Master's Thesis from the year 2012 in the subject Politics - Other International Politics Topics, grade: PASS, University of Nairobi (Institute of Diplomacy and International Studies (IDIS)), course: International Relations, language: English, abstract: Maritime security is a key component of collective security and thus forms part of the foundation for economic development. The Indian Ocean region, particularly the East African region does not have its own maritime policy or strategy, despite the acknowledged importance of this component of any national or regional economy. Given the unique needs of its populace, priorities and requirements of the various states, the East African part of the Indian Ocean therefore needs to develop a maritime strategy to promote economic development for its people through improved maritime security, leading to improved global competitiveness for its goods and services. To achieve the desired peace and a stable environment, cooperation and adoption of a holistic maritime legislation is mandatory which, in turn, would strengthen the maritime institutions which are crucial for a maritime strategy. This combination of strengthened and coherent legislation, institutions and cooperation would enhance the policing of, and prosecution for, illegal acts, eg piracy, terrorism, trafficking and the dumping of waste materials; it would better regulate the fishing industry; ensure pollution will be policed; countering of smuggling and illicit trade; transnational or cross-border crime would be better monitored and reduced; and further, the safe navigation of shipping guaranteed. This will eventually translate to a peaceful, a more secure and stable Indian ocean region. Thus the required good order at sea should be viewed as a function of how states should exercise their jurisdiction on maritime issues for sustainable peace and development.
Author : Karen Nadine Scott,Kathleen Claussen,Charles-Emmanuel Côté,Atsuko Kanehara
Publisher : Developments in International
Page : 415 pages
File Size : 40,5 Mb
Release : 2020-11-05
Category : Law
ISBN : 9004424148
"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--
Author : Lorenzo Kamel
Publisher : Edizioni Nuova Cultura
Page : 162 pages
File Size : 50,9 Mb
Release : 2017-03-31
Category : Political Science
ISBN : 9788868128289
Governance failures, combined with 21st-century social, economic, environmental and demographic conditions, have all contributed to paving the way for the rise of highly heterogeneous non-state and quasi-state actors in the Middle East. Has the state, then, been irremediably undermined, or will the current transition lead to the emergence of new state entities? How can the crumbling of states and the redrawing of borders be reconciled with the exacerbation of traditional inter-state competition, including through proxy wars? How can a new potential regional order be framed and imagined? This volume provides a historical background and policy answers to these and a number of other related questions, analysing developments in the region from the standpoint of the interplay between disintegration and polarization.
Author : Michael J. Struett,Jon D. Carlson,Mark T. Nance
Publisher : Routledge
Page : 250 pages
File Size : 55,6 Mb
Release : 2013-05-07
Category : Political Science
ISBN : 9781136278891
Piratical attacks have become more frequent, violent, costly and increasingly threaten to undermine order in the international system. Much attention has focused on Somalia, but piracy is a problem worldwide. Recent coordination efforts among states in South East Asia appear to have helped in the area, but elsewhere piracy has expanded. Interestingly, international law has long recognized piracy as a crime and provided tools for universal suppression, yet piracy persists. In this book, a handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance. Using broadly constructivist approaches to understand international actors’ responses to the challenges created by maritime piracy, the contributors question a number of myths and misconceptions around piracy and analyze the various ways that international law and organizations channel actors’ understandings of maritime piracy and their efforts to respond to it. In doing so, they expose some shaky foundations for IR theorists: how do we conceive of governance and legitimacy when they are delinked from the territorial aspect of the modern nation-state? What happens to prospects for cooperation when we get to the nitty-gritty questions of practice related to paying for trials, imprisoning and maintaining captured pirates, bearing the burden of policing sea-lanes, or even determining what constitutes a pirate? Does anyone have a monopoly on the legitimate use of force at sea, and how is that legitimacy constructed? Maritime Piracy and the Construction of Global Governance offers an improved theoretical understanding of the response of the international community to maritime piracy and broadens our understanding of the complex and sometimes countervailing motivations of all the actors involved, from international organizations and states down to the pirates themselves.
Author : Catherine Banet
Publisher : BRILL
Page : 637 pages
File Size : 54,7 Mb
Release : 2020-01-29
Category : Law
ISBN : 9789004391567
The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.