Reflections on the Contemporary Law of the Sea

Reflections on the Contemporary Law of the Sea
Title Reflections on the Contemporary Law of the Sea PDF eBook
Author Helmut Tuerk
Publisher Martinus Nijhoff Publishers
Pages 223
Release 2012-01-20
Genre Law
ISBN 9004212574

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Reflections on the Contemporary Law of the Sea describes the development and the present state of the law of the sea, particularly in light of the 1982 United Nations Convention on the Law of the Sea, also drawing attention to some of the problems facing the international community.

Reflections on the Making of the Modern Law of the Sea

Reflections on the Making of the Modern Law of the Sea
Title Reflections on the Making of the Modern Law of the Sea PDF eBook
Author Satya Nandan
Publisher National University of Singapore Press
Pages 224
Release 2021-02-25
Genre Law of the sea
ISBN 9789813251373

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Reflections on the Making of the Modern Law of the Sea

Reflections on the Making of the Modern Law of the Sea
Title Reflections on the Making of the Modern Law of the Sea PDF eBook
Author Satya N. Nandan
Publisher
Pages 320
Release 2021
Genre Electronic books
ISBN 9789813251564

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"The United Nations Convention on the Law of the Sea (UNCLOS) is one of the most successful agreements ever created to govern the global commons. If it is thought of as a constitution for the oceans, then Satya Nandan should be considered one of the founders, one of the key personalities behind both the agreement and the subsequent development of Law of the Sea in the decades since UNCLOS was adopted. He led the drafting of the key negotiating text, most of which made its way, unaltered, into the Convention’s final text. How did a lawyer from Fiji come to play such a pivotal role in this important area of diplomacy and international law? This book tells the story, showing how Nandan used his creativity, pragmatism, and penchant for language to reach compromise and build consensus at nearly every stage in the making of the modern law of the sea. In this book, he elaborates on the techniques and skills he brought to bear on this task, the alliances he formed with colleagues from different countries, and the strategies that were effective in this complex, multidimensional negotiation. At a time when the stakes involved in managing the global commons could not be higher, Satya Nandan’s experience and wisdom could not be more relevant and important."--Publisher description.

Law of the Sea Briefing

Law of the Sea Briefing
Title Law of the Sea Briefing PDF eBook
Author
Publisher
Pages 47
Release 1974
Genre
ISBN

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The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea
Title The Oxford Handbook of the Law of the Sea PDF eBook
Author Donald R. Rothwell
Publisher OUP Oxford
Pages 850
Release 2015-03-26
Genre Law
ISBN 0191024651

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Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

The IMLI Manual on International Maritime Law

The IMLI Manual on International Maritime Law
Title The IMLI Manual on International Maritime Law PDF eBook
Author David Attard
Publisher OUP Oxford
Pages 883
Release 2014-10-30
Genre Law
ISBN 0191509949

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This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas
Title The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas PDF eBook
Author Mitja Grbec
Publisher Routledge
Pages 347
Release 2013-12-04
Genre Law
ISBN 1135115079

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The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.