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Author : Youri van Logchem
Publisher : Cambridge University Press
Page : 353 pages
File Size : 42,9 Mb
Release : 2021-10-14
Category : Law
ISBN : 9781108830102
A comprehensive treatment of the rights and obligations of States within disputed maritime areas under international law.
Author : Stephen Minas,Jordan Diamond,Holly Doremus
Publisher : BRILL
Page : 377 pages
File Size : 46,8 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 : Joanna Mossop
Publisher : Oxford University Press
Page : 310 pages
File Size : 42,8 Mb
Release : 2016-12-22
Category : Law
ISBN : 9780191078699
Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.
Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 505 pages
File Size : 40,7 Mb
Release : 2012-04-05
Category : Law
ISBN : 9781107009998
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.
Author : Xuechan Ma
Publisher : Queen Mary Studies in Internat
Page : 396 pages
File Size : 41,6 Mb
Release : 2021-12-02
Category : Law
ISBN : 900450432X
"In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation.
Author : Constantinos Yiallourides
Publisher : Routledge
Page : 274 pages
File Size : 54,5 Mb
Release : 2019-05-20
Category : Law
ISBN : 9781351240512
The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.
Author : Snjólaug Árnadóttir
Publisher : Cambridge University Press
Page : 269 pages
File Size : 42,8 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 : British institute of international and comparative law
Publisher : Unknown
Page : 179 pages
File Size : 53,6 Mb
Release : 2016
Category : Electronic
ISBN : 1905221681
Author : Stephen Fietta,Robin Cleverly
Publisher : Oxford University Press
Page : 720 pages
File Size : 55,5 Mb
Release : 2016
Category : Law
ISBN : 9780199657476
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 forty clear technical illustrations 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 : Yurika Ishii
Publisher : BRILL
Page : 255 pages
File Size : 41,5 Mb
Release : 2021-12-20
Category : Law
ISBN : 9789004500419
Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.
Author : Rainer Lagoni,Daniel Vignes
Publisher : BRILL
Page : 255 pages
File Size : 48,8 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 : Tomas Heidar
Publisher : BRILL
Page : 498 pages
File Size : 40,5 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004437753
New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Author : Alex G. Oude Elferink,Tore Henriksen,Signe Veierud Busch
Publisher : Unknown
Page : 455 pages
File Size : 49,7 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 : Christian Campbell
Publisher : Kluwer Law International B.V.
Page : 187 pages
File Size : 53,9 Mb
Release : 2021-05-18
Category : Law
ISBN : 9789403531649
Climate change and the COVID-19 pandemic have brought into focus how vulnerable our “normal” lives are. More than ever, there is a need to regulate the competition for and exploitation of increasingly scare natural resources. But how are the competing interests to be balanced? And who is to undertake the regulation? The air, the climate, and the seas escape national boundaries. And while the reset of the pandemic may have alleviated some of the pressure, it has also highlighted how health and hygiene regimes are of global importance. The present volume does not capture the breadth or depth of current concerns of international environmental law. However, it does offer eight amuse-bouches to whet readers’ intellectual appetites: EU perspectives on habitat protection and risk management in times of climate change and health crises; WTO perspectives on the renewable energy sector and the protection of marine habitats; a discourse on how international law imposes environmental responsibilities with regard to disputed maritime areas; a comparison of national regulations against each other and the international framework for dealing with plastic waste; a look at Kuwait’s evolving approach to waste disposal and management; an examination of Brazil’s legal framework for dam safety in the wake of recent catastrophic events; and finally, a pioneering Third World Approaches to International Law (TWAIL) in regard to destruction of the Amazon
Author : Massimo Lando
Publisher : Cambridge University Press
Page : 435 pages
File Size : 52,8 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.