Marine Policy

Author by : Mark Zacharias
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
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Description : This book provides readers with a foundation in policy development and analysis, describing how policy, including legal mechanisms, are applied to the marine environment. It presents a systematic treatment of all aspects of marine policy, including climate change, energy, environmental protection, fisheries, mining and transportation. The health of marine environments worldwide is steadily declining, and these trends have been widely reported. Marine Policysummarizes the importance of the ocean governance nexus, discussing current and anticipated challenges facing marine ecosystems, human activities, and efforts to address these threats. This new, fully revised edition has been updated throughout, including content to reflect the recent advances in ocean management and international law. Chapters on shipping, energy/mining and integrated approaches to ocean management have been significantly reworked, plus completely new chapters on the United Nations Convention on the Law of the Sea, and the impacts of climate change have been added. Pedagogical features for students are included throughout. Aligned with current course offerings, this book is an ideal introduction for undergraduates and graduate students taking marine affairs, science and policy courses. ion on the Law of the Sea, and the impacts of climate change have been added. Pedagogical features for students are included throughout. Aligned with current course offerings, this book is an ideal introduction for undergraduates and graduate students taking marine affairs, science and policy courses.


Beyond The Law Of The Sea

Author by : George V. Galdorisi
Languange : en
Publisher by : Greenwood Publishing Group
Format Available : PDF, ePub, Mobi
Total Read : 76
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Description : This important new text in international law, international relations, and maritime affairs describes in detail the concurrent development of international law and law of the sea, the complex negotiating process that resulted in the 1982 Law of the Sea Convention, and policy directions and issues for the U.S. in the post-Convention environment.


Enforcement Of International And Eu Law In Maritime Affairs

Author by : Peter Ehlers
Languange : de
Publisher by : LIT Verlag Münster
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 227
File Size : 54,8 Mb
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Description : Ocean governance has its legal basis in the United Nations Convention on the Law of the Sea and in numerous international maritime conventions. These rules help to balance conflicting interests in the uses of the oceans and seas and the protection and preservation of the marine environment. Their efficiency depends, however, on their enforcement. In 2007 Prof. Dr. Dr. h.c. Peter Ehlers and Prof. Dr. Rainer Lagoni organized a seminar on 'Enforcement of International and EU Law in Maritime Affairs'. Participants were graduate scholars of the International Max Planck Research School for Maritime Affairs (IMPRS) at the University of Hamburg and graduate students. Their papers cover various aspects of enforcement relating to the new Wreck Removal Convention and to rules of the European Union, such as port State control, enforcement measures in fisheries, the European Maritime Safety Agency (EMSA), protection of maritime boundaries and inquiries into maritime casualties. The volume also includes an analysis of the maritime policy of the EU as a new integrated approach to maritime activities.


United Nations Convention On The Law Of The Sea 1982

Author by : Myron H. Nordquist
Languange : en
Publisher by : Martinus Nijhoff Publishers
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Total Read : 63
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Description : 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.


A Handbook On The New Law Of The Sea 2 1991

Author by : René Jean Dupuy
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 42
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Description : The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conferences Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.


Marine Scientific Research New Marine Technologies And The Law Of The Sea

Author by : Keyuan Zou
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 744
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Description : Marine Scientific Research, New Marine Technologies and the Law of the Sea offers expert insights into new legal developments covering marine scientific research (MSR) including marine genetic resources regime development and emerging marine technologies including floating nuclear power plants.


Marine Affairs Bibliography

Author by : Christian L. Wiktor
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 92
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Description :


International Organizations And The Law Of The Sea

Author by : Netherlands Institute for the Law of the Sea
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 686
File Size : 49,8 Mb
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Description : Already in its sixth year of existence, this "Documentary Yearbook" provides you with the only independent collection of documents related to ocean affairs and the law of the sea, issued each year by international organizations. The "Yearbook" is arranged systematically and thereby gives the community of scholars and practitioners in ocean affairs and the law of the sea much improved access to essential documentation. Like the previous volumes, the 1990 volume focuses on the United Nations family of international organizations and on several non-UN intergovernmental organizations of developing states. The most important documents which were issued in the course of 1990 are reproduced (in whole or in part), while other relevant documents are listed. An extensive index of Keywords facilitates access by the reader to the complex and often interrelated matters dealt with by various organizations as well as to the information concerning individual states, regions and international instruments.


International Governance Of The Arctic Marine Environment

Author by : Lilly Weidemann
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 90
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File Size : 45,6 Mb
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Description : The Arctic is particularly affected by climate change; over the past few decades, temperatures in this area have risen twice as fast as the mean global rate. The most prominent effect of global climate change in the region is the melting sea ice in the Arctic Ocean, which enables a multitude of ocean uses to be initiated and extended, such as shipping, fishing and oil and gas extraction. Unlike in the Antarctic, there is currently no single comprehensive legal regime for governance of the Arctic. Instead, the region is regulated by a patchwork of international treaties, above all the United Nations Convention on the Law of the Sea (UNCLOS), various regional and sub-regional agreements, national laws and soft-law agreements. This treatise provides an evaluation of the governance regime that regulates the use of the Arctic marine environment and its readiness to protect these fragile ecosystems in light of the consequences of climate change.


The Law Of The Sea And Northeast Asia A Challenge For Cooperation

Author by : Hfui-gwfon Pak
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 68
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Description : The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.


Sustainable Development And The Law Of The Sea

Author by : Zou Keyuan
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 167
File Size : 43,6 Mb
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Description : Sustainable Development and the Law of the Sea offers international legal perspectives on ocean uses including fisheries management, sustainable use of marine non-living resources, and marine protected areas in the context of sustainable development.


Marine Affairs Bibliography

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 97
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Description :


Law Of The Sea From Grotius To The International Tribunal For The Law Of The Sea

Author by : Lilian del Castillo
Languange : en
Publisher by : Hotei Publishing
Format Available : PDF, ePub, Mobi
Total Read : 96
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Description : Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicorum Judge Hugo Caminos honors the accomplished career path of a distinguished scholar, professor, diplomat and judge in the global field of the Law of the Sea.


The Law Of The Sea

Author by : United Nations
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 28
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Description : A comprehensive list of multilateral treaties & instruments of a global or regional character which are still in force & which touch upon the issues covered by the Convention.


Due Diligence In The International Legal Order

Author by : Heike Krieger
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 210
File Size : 46,6 Mb
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Description : Due diligence is a prominent concept in international law, frequently referred to in arbitral awards, court decisions, and in scholarly discussions on state responsibility. However, until now, the specific normative content and systemic relation of due diligence to rules and principles of international law has largely remained unexplored. The present book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law, including international environmental law, international peace and security law, and international economic law. Sector by sector, contributors explore the diverse interactions between due diligence and area-specific substantive and procedural rules as well as general principles of international law. This book exposes the promises and limits of due diligence for enhancing accountability and compliance. It identifies the rise of due diligence as both a driver and signal of change in the international legal order towards risk management and proceduralisation.


Straits Used For International Navigation

Author by : José Antonio de Yturriaga
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 449
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Description : After an introductory chapter concerning the definition of Straits used for international navigation', the author examines in detail the evolution of the question in the years prior to the convening of UNCLOS-III, during the preparatory works of the Sea-Bed Committee and throughout the Conference. The second part of the book studies the legal norms set up by the 1982 UN Convention on the Law of the Sea concerning the regime of transit passage for maritime and air navigation applicable in most of the straits used for international navigation and the regime of innocent passage residually applied in the other straits. In the final chapter, the author makes a critical appraisal of the new regimes of navigation and overflight in straits, exposes the implications of such regimes in Spain, analyzes the applicability of the Convention's regulations before their coming into force, and examines the practice followed in the last few years by the most important States which favoured or opposed the regime of transit passage. From his position as Deputy-Head of the Spanish Delegation to the Law of the Sea Conference, Ambassador de Yturriaga participated from the very beginning in the work of UNCLOS-III and was an active protagonist in the debates of the straits' question. The book offers a first hand testimony of the straits' negotiation, which will be extremely useful for scholars and students of the Law of the Sea.


Legal Regime Of Marine Environment In The Bay Of Bengal

Author by : M. Habibur Rahman
Languange : en
Publisher by : Atlantic Publishers & Dist
Format Available : PDF, ePub, Mobi
Total Read : 41
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Description : There Is A Growing Concern About The Change In Composition Of The Atmosphere, Depletion Of The Ozone Shield, Pollution Of Marines And Rapid Population Growth Leading To Alarming Imbalance Between Population And Resources. Concerted Efforts Are Being Made Across The World To Curb The Environmental Degradation. The Un Conference On The Human Environment Held In Stockholm In 1972 Marked The Beginning Of The Development Of International Environmental Law By Soft Law Mechanism. With The Un Convention On The Law Of The Sea, 1982, The State Parties Have Been Made Obligatory To Protect The Marine Environment, Including All The Resources Therein.The Present Book Is A Treatise On The Legal Regime Of The Marine Environment In The Bay Of Bengal. It Provides A Comprehensive Description And Assessment Of The Legal Regime Governing This Particular Maritime Area. It Focuses On Its Protection, Preservation And Development. It Deals With Fisheries As Well As The Protection Of The Environment Against Pollution And The Discharge Of Waste From Land.Beginning With The Study Of Fisheries Management In The Bay Of Bengal, The Book Includes In Its Study The Major Agreements And Protocols, International Documents On Marine Environment, Seabed Mining And Its Consequences, Settlement Of Environmental Disputes, And The Present-Day Socio-Economic Condition In The Bay Of Bengal Region. The Book Also Provides A Bibliography To Enable The Readers To Pursue Their Study Further. The Index That Completes The Book Would Prove A Useful Study-Aid To All Readers. Since The Study Is Embedded In The Global Perspective Of The Protection Of The Marine Environment, It Shall Be Of Significant Use To All Those In Coastal And Naval Services, Government Executives, Planners And Policy Makers Concerned With The Protection Of The Marine Environment. For The Scholars And Teachers Of International Law, It Is An Ideal Reference Book.


Bringing New Law To Ocean Waters

Author by : David D. Caron
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 291
File Size : 40,7 Mb
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Description : In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges.


The International Law Of The Sea

Author by : Yoshifumi Tanaka
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 19
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Description : Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.


International Organizations And The Law Of The Sea 1998

Author by : Barbara Kwiatkowska
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 92
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File Size : 43,5 Mb
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Description : Now in its 17th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly and Security Council, Meeting of States Parties to the UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-ups to the UN Fish Stocks and Small Island States Conferences, WSSD, ECOSOC, UNEP and UNCTAD are reproduced first, followed by the documents of FAO, IAEA, IMO and NESCO/IOC. As in the previous volumes, documents which were issued in the course of 2001 are reproduced while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access of the international community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force in 1994 and of the Part XI Agreement in 1996, as well as of the UN Fish Stocks Agreement in 2001, coupled with the review of the UNCED Agenda 21 the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, UNDOALOS Director Mrs. Annick de Marffy, ITLOS President Dolliver Nelson and Judges Thomas Mensah and Tullio Treves, as well as Rosalie Balkin, Edward Brown, Bernard Oxman and Shabtai Rosenne.


Marine Research

Author by : John A. Knauss
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 61
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Arbitration Concerning The South China Sea

Author by : Shicun Wu
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 95
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Description : On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.


The South China Sea Arbitration

Author by : Stefan Talmon
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 87
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Description : On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.


Maritime Boundary Delimitation The Case Law

Author by : Alex G. Oude Elferink
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 615
File Size : 40,9 Mb
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Description : Offers a comprehensive and systematical review of the case law on maritime delimitation, identifying various inconsistencies.


The Belt And Road Initiative And The Law Of The Sea

Author by : Keyuan Zou
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 73
Total Download : 140
File Size : 42,6 Mb
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Description : The Belt and Road Initiative and the Law of the Sea offers insightful discussions on the use of oceans in the context of the Belt and Road Initiative covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea.


Litigating International Law Disputes

Author by : Natalie Klein
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 57
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Description : Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.