The Development Of The Law Of The Sea By Unclos Dispute Settlement Bodies

Author : Lan Ngoc Nguyen
Publisher : Cambridge University Press
Page : 353 pages
File Size : 53,5 Mb
Release : 2023-02-09
Category : Law
ISBN : 9781108988421

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The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies by Lan Ngoc Nguyen Pdf

This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.

Author : Natalie Klein
Publisher : Cambridge University Press
Page : 457 pages
File Size : 45,5 Mb
Release : 2005-01-06
Category : Law
ISBN : 9781139442534

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Dispute Settlement in the UN Convention on the Law of the Sea by Natalie Klein Pdf

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Author : Igor V. Karaman
Publisher : Martinus Nijhoff Publishers
Page : 439 pages
File Size : 48,7 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004212022

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Dispute Resolution in the Law of the Sea by Igor V. Karaman Pdf

Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.

Author : Natalie Klein,Kate Parlett
Publisher : Oxford University Press
Page : 465 pages
File Size : 54,7 Mb
Release : 2022-11-10
Category : Law
ISBN : 9780192594884

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Judging the Law of the Sea by Natalie Klein,Kate Parlett Pdf

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 : A.O. Adede
Publisher : BRILL
Page : 301 pages
File Size : 47,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482333

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The System for Settlement of Disputes under the United Nations Convention on the Law of the Sea by A.O. Adede Pdf

Author : Natalie Klein
Publisher : Cambridge University Press
Page : 456 pages
File Size : 53,6 Mb
Release : 2005-01-06
Category : Law
ISBN : 0521835208

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Dispute Settlement in the UN Convention on the Law of the Sea by Natalie Klein Pdf

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Author : Natalie Klein,Jack McNally
Publisher : BRILL
Page : 175 pages
File Size : 52,5 Mb
Release : 2023-11-20
Category : Law
ISBN : 9789004689909

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Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea by Natalie Klein,Jack McNally Pdf

What happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.

Author : Nele Matz-Lück,Øystein Jensen,Elise Johansen
Publisher : Taylor & Francis
Page : 317 pages
File Size : 46,6 Mb
Release : 2022-09-19
Category : Law
ISBN : 9781000649222

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The Law of the Sea by Nele Matz-Lück,Øystein Jensen,Elise Johansen Pdf

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.

Author : Lan Ngoc Nguyen
Publisher : Cambridge University Press
Page : 353 pages
File Size : 43,9 Mb
Release : 2023-01-31
Category : Law
ISBN : 9781108845632

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The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies by Lan Ngoc Nguyen Pdf

A critical assessment of how UNCLOS dispute settlement bodies develop the law the sea and factors that explain such development.

Author : Nong Hong
Publisher : Routledge
Page : 282 pages
File Size : 40,5 Mb
Release : 2012
Category : Law
ISBN : 9780415505277

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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.

Author : Natalie S. Klein
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2005
Category : Arbitration (International law)
ISBN : 0511170866

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Dispute Settlement in the UN Convention on the Law of the Sea by Natalie S. Klein Pdf

The UN Convention on the Law of the Sea is one of the most important constitutive instruments in international law. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention.

Author : The Hon Justice Mr Winston Anderson
Publisher : BRILL
Page : 469 pages
File Size : 55,6 Mb
Release : 2022-01-21
Category : Law
ISBN : 9789004503199

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The Law of the Sea in the Caribbean by The Hon Justice Mr Winston Anderson Pdf

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 : Helene Ruiz Fabri,Erik Franckx,Marco Benatar,Tamar Meshel
Publisher : BRILL
Page : 482 pages
File Size : 46,6 Mb
Release : 2020-10-12
Category : Law
ISBN : 9789004434950

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A Bridge over Troubled Waters by Helene Ruiz Fabri,Erik Franckx,Marco Benatar,Tamar Meshel Pdf

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.

Author : Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen
Publisher : BRILL
Page : 469 pages
File Size : 40,9 Mb
Release : 2022-01-31
Category : Law
ISBN : 9789004506367

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International Law and Marine Areas beyond National Jurisdiction by Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen Pdf

This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Author : Nong Hong
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2010
Category : Law of the sea
ISBN : 0494605618

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Law and Politics in the South China Sea by Nong Hong Pdf