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Origin and Development Pf the Law of the Sea by Ram Prakash Anand Pdf
This work presents an in-depth analysis of the most complex of the many ocean boundary delimitation problems confronting neighboring states in the Pacific region. In each case the various factors influencing the parties to the dispute are examined in detail & alternative diplomatic options are compared. Special emphasis is given to the problems of Southeast Asia, East Asia, & the Northeast Pacific, but regional developments in the Southwest Pacific & the Central & Southeast Pacific are also discussed. The authors, who are prominent specialists in the field of ocean policy studies place their factor-and-option analysis of these difficult disputes within a multidisciplinary, 'functionalist' framework, & offer some original proposals for innovative ocean diplomacy that now seem realistic in light of recent improvements in the international political arena.
Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
Author : Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens Publisher : Oxford Handbooks in Law Page : 1073 pages File Size : 51,6 Mb Release : 2015 Category : Law ISBN : 9780198715481
The Oxford Handbook of the Law of the Sea by Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens Pdf
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.
United Nations Convention on the Law of the Sea, 1982 by Myron H. Nordquist,Shabtai Rosenne 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.
Author : Alex G. Oude Elferink,Donald Rothwell Publisher : Martinus Nijhoff Publishers Page : 433 pages File Size : 47,6 Mb Release : 2004 Category : Law ISBN : 9789004138520
Oceans Management in the 21st Century by Alex G. Oude Elferink,Donald Rothwell Pdf
Chapters throughout this book assess the roles and impact upon oceans management of the institutions both inside and outside the Convention's framework, as well as the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. Questions addressed concern the interpretation of the Convention's substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea's continuing evolution in the years ahead.
UNCLOS and Ocean Dispute Settlement by Nong Hong Pdf
This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.
The Oxford Handbook of the History of International Law by Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger Pdf
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
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.
The International Law of the Sea by Yoshifumi Tanaka Pdf
This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.
Elisabeth Mann Borgese and the Law of the Sea by Tirza Meyer Pdf
In the late twentieth century, as the United Nations struggled to come up with a new legal system for the oceans, one woman saw the opportunity to promote radical new ideas of justice and internationalism. Ocean governance expert Elisabeth Mann Borgese (1918–2002) spent decades working with the United Nations Law of the Sea Convention. Throughout this sprawling series of global conferences, she navigated allegiances and enmities, intrigues and setbacks, fighting determinedly to develop a just ocean order. Featuring extensive research and new interviews with Mann Borgese’s colleagues and family, this book explores timeless questions of justice and international collaboration and asks whether the extraordinary drive and vision of a single person can influence the course of international law.
This Book tells an exciting, and intriguing story of my training, experiences, and relationships, as a U S Army Ranger in the Vietnam War during 1969 to 1971 while performing recon-missions Behind Enemy Lines. The story takes you on a journey from the physical war in Vietnam to the spiritual warfare that goes on daily for your soul. The spiritual uplifting message within its pages ignites your faith into a blazing fire. You come alive. To survive in Vietnam and come home alive required elite training, strong belief in our training, mental and physical repetition of the training, and real true relationships. If we got distracted, failed to pay attention, disobeyed, ignored, or forgot what we were there to do; our percentage of surviving was greatly reduce. There were many things to distract us. Our minds and bodies got hooked up to drugs, alcohol, sex, and the thrill of living on the edge. These are but a few of the distractions available to us, before we even went on a mission to face what our enemies had for us, or the snakes, diseases, and animals of the jungle. This book tells a very interesting and intriguing story of my experiences and relationships performing reconnaissance missions Behind Enemy Lines in the mountainous jungle region of South Vietnam and near the Cambodian border. When I arrived, in Vietnam the first thing I needed to do was de-program myself of most of the training I had received from the Army while being trained in the Sates, prior to arriving in Vietnam. For example; I had been taught to always ambush from the high ground; that high ground determined the actual site selection for an ambush. It sounded good and worked in World War II and Korea, but this was guerilla warfare. My mentor, Tad taught us first to monitor a trail by observing how the enemy was traveling on the trail and when we had determined the direction of travel, then always set our ambush on the right hand side of the trail according to the enemy's route of March, regardless of the height of the terrain. The reason is that most people, over 90 %, are right handed and the enemy's weapons would be pointed away from you as you set off the ambush. After a few hours, any soldier running missions in the hot jungles of Southeast Asia would have their attention span, focus, alertness, and weapons positions drop off measurably, especially while they traveled through what they perceived as their own safe territory. When you ambush to the right of the trail, five Rangers would fire a full 20 round magazine from an M-16 rifle in 2.3 seconds. That's 100 bullets into a kill zone while the enemy freezes up for a second in shock from all the firing. Once they realize what is happening, they fall to the ground turning their weapons from the left to the right and try to locate where the firing is coming from. That just took 2.8 seconds and our hands are on the detonators of five claymore mines. Each mine has hundreds of shrapnel like bee bees packed into them and about a pound of C-4 explosive. The enemy's rifle hasn't even gotten to their shoulder yet to fire before we detonate the claymore mines, if needed, and the enemy; well that's why it's called an ambush. The sixth person, a Ranger radio operator, was behind us guarding our back with the radio and already our choppers and support were coming. This story takes you from physical warfare to Spiritual warfare in such a way that your faith will be renewed. My prayer is that it sheds light on the battle between good (God) and evil (Satan) that goes on daily for our souls. Sit back and enjoy this short, powerful story. This books mission is; when you reach the end of this book you will have an understanding of why Jesus did what He did and why you need a relationship with Him. He loves you and wants to have a relationship with you, one that will change you from who you are, to a brand new person. You are the Soul, purpose of this book. Author Danny Clifford
The Law of Nations in Global History by C. H. Alexandrowicz Pdf
The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.