On the UNCLOS and Vested Maritime Rights
Title | On the UNCLOS and Vested Maritime Rights PDF eBook |
Author | Miao He |
Publisher | LAP Lambert Academic Publishing |
Pages | 60 |
Release | 2011-02-01 |
Genre | Law of the sea |
ISBN | 9783844302950 |
The UN Convention on the Law of the Sea, while giving new maritime rights and interests to states, does not break the existing maritime legal order or affect the vested maritime rights of the states. The systems of archipelagic waters, exclusive economic zone and continental shelf provided for by the Convention allow states to extend their sovereignty or sovereign rights to wider sea areas. However, states can extend their sovereign rights only to areas traditionally recognized as open seas and, in doing so, they may not infringe upon the vested territorial sovereignty or sovereign rights of other states. The various historical rights enjoyed by China over the South China Sea are vested rights that had been established long before the entry into force of the Convention.
Jurisdiction over Ships
Title | Jurisdiction over Ships PDF eBook |
Author | Henrik Ringbom |
Publisher | BRILL |
Pages | 466 |
Release | 2015-08-11 |
Genre | Law |
ISBN | 9004303502 |
Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Stress Testing the Law of the Sea
Title | Stress Testing the Law of the Sea PDF eBook |
Author | Stephen Minas |
Publisher | BRILL |
Pages | 377 |
Release | 2018-09-04 |
Genre | Law |
ISBN | 9004352929 |
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Asian Yearbook of International Law, Volume 24 (2018)
Title | Asian Yearbook of International Law, Volume 24 (2018) PDF eBook |
Author | Seokwoo Lee |
Publisher | BRILL |
Pages | 477 |
Release | 2020-11-30 |
Genre | Law |
ISBN | 9004437789 |
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
Excessive Maritime Claims
Title | Excessive Maritime Claims PDF eBook |
Author | J. Ashley Roach |
Publisher | Martinus Nijhoff Publishers |
Pages | 997 |
Release | 2012-06-22 |
Genre | Law |
ISBN | 900421772X |
Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
The Law of the Sea in the Caribbean
Title | The Law of the Sea in the Caribbean PDF eBook |
Author | The Hon Justice Winston Anderson |
Publisher | Publications on Ocean Developm |
Pages | 472 |
Release | 2022 |
Genre | Law |
ISBN | 9789004503175 |
"This book is about the Law of the Sea in the Caribbean and the contribution of that law to economic development in the region. The most important legal instrument for that discussion is undoubtedly the United Nations Convention on the Law of the Sea which entered into force on 16 November 1994, some twelve years after it was adopted in December 1982, and following more than nine years of negotiations, which began in 1973"--
Historic Waters and Historic Rights in the Law of the Sea
Title | Historic Waters and Historic Rights in the Law of the Sea PDF eBook |
Author | Clive R. Symmons |
Publisher | BRILL |
Pages | 471 |
Release | 2019-03-27 |
Genre | Law |
ISBN | 9004377026 |
This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.