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Author : A.O. Adede
Publisher : BRILL
Page : 301 pages
File Size : 47,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482333
Author : Natalie Klein
Publisher : Cambridge University Press
Page : 457 pages
File Size : 52,8 Mb
Release : 2005-01-06
Category : Law
ISBN : 9781139442534
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 : 438 pages
File Size : 45,5 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004212015
The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.
Author : United Nations. Codification Division
Publisher : New York : United Nations
Page : 268 pages
File Size : 47,9 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029249789
Author : Igorʹ V. Karaman
Publisher : Unknown
Page : 400 pages
File Size : 44,7 Mb
Release : 2012
Category : Dispute resolution (Law)
ISBN : 6613598798
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 : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 465 pages
File Size : 42,5 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781107164277
This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
Author : Nong Hong
Publisher : Routledge
Page : 282 pages
File Size : 55,8 Mb
Release : 2012
Category : Law
ISBN : 9780415505277
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 : Myron H. Nordquist,Ronán Long
Publisher : BRILL
Page : 369 pages
File Size : 42,9 Mb
Release : 2021-02-15
Category : Law
ISBN : 9789004422438
Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.
Author : Kriangsak Kittichaisaree
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 47,7 Mb
Release : 2021-01-21
Category : Law
ISBN : 9780198865292
Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.
Author : Alfonso Ascencio-Herrera,Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
Page : 410 pages
File Size : 43,7 Mb
Release : 2022-04-19
Category : Law
ISBN : 9789004507388
This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.
Author : Dr Nong Hong,Dr Shicun Wu,Dr Mark Valencia
Publisher : Ashgate Publishing, Ltd.
Page : 369 pages
File Size : 54,6 Mb
Release : 2015-10-28
Category : Political Science
ISBN : 9781472452955
UN Convention on the Law of the Sea and the South China Sea covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.
Author : P. Chandrasekhara Rao,Rahmatullah Khan
Publisher : Martinus Nijhoff Publishers
Page : 264 pages
File Size : 45,6 Mb
Release : 2001-07-06
Category : Law
ISBN : 904111601X
This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.
Author : Marcel M.T.A. Brus
Publisher : BRILL
Page : 269 pages
File Size : 40,7 Mb
Release : 2024-01-15
Category : Law
ISBN : 9789004635128
The central theme of this book is the strengthening of the legitimacy and integrity of international law in the post-Cold War, interdependent international community. The investigation focuses on the relationship between international decision-making procedures, in particular compulsory third party dispute settlement, and legitimacy and integrity as perceived by states and other international actors. It starts with a description of recent developments with regard to dispute settlement in the law of the sea, GATT/WTO, Antarctica, and global environmental protection. Compulsory third-party dispute settlement has been accepted in treaty regimes in these fields as it is indispensable in safeguarding the legitimacy and integrity of such regimes. The focus then shifts to an extensive analysis of changes in the international community in general, and their consequences for the international legal system. By focusing on legitimacy and integrity, and by providing a theoretical framework in which these concepts can be applied, this book contributes significantly to the discussion of the theoretical foundations of international law. The author is winner of the 1995 Award of the Foundation Praemium Erasmianum, Amsterdam.
Author : Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
Page : 546 pages
File Size : 43,7 Mb
Release : 1985
Category : Law
ISBN : 9024737192
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 : Igor V. Karaman
Publisher : Martinus Nijhoff Publishers
Page : 439 pages
File Size : 51,5 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004212022
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.
