Negotiating the Law of the Sea

Negotiating the Law of the Sea
Title Negotiating the Law of the Sea PDF eBook
Author James K. Sebenius
Publisher Harvard University Press
Pages 276
Release 1984
Genre Business & Economics
ISBN 9780674606869

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The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

The Aegean Maritime Disputes and International Law

The Aegean Maritime Disputes and International Law
Title The Aegean Maritime Disputes and International Law PDF eBook
Author Yucel Acer
Publisher Taylor & Francis
Pages 304
Release 2017-07-05
Genre Law
ISBN 1351895192

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This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.

The Interception of Vessels on the High Seas

The Interception of Vessels on the High Seas
Title The Interception of Vessels on the High Seas PDF eBook
Author Efthymios Papastavridis
Publisher Bloomsbury Publishing
Pages 269
Release 2014-08-28
Genre Law
ISBN 1782250859

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The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

Maritime Disputes and International Law

Maritime Disputes and International Law
Title Maritime Disputes and International Law PDF eBook
Author Constantinos Yiallourides
Publisher Routledge
Pages 269
Release 2019-05-20
Genre Law
ISBN 135124051X

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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.

Greece and the Law of the Sea

Greece and the Law of the Sea
Title Greece and the Law of the Sea PDF eBook
Author Theodore C. Kariotis
Publisher Martinus Nijhoff Publishers
Pages 370
Release 1997
Genre Law
ISBN 9789041103949

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Greece was one of the initial 119 delegations to sign the United Nations Convention on the Law of the Sea at the final meeting of the Conference for that purpose in December of 1982. When the Convention came into force in November 1994, only two countries opposed it. Turkey was one of them. Turkey has no plans to ratify the Convention in the near future. Greece & the Law of the Sea reviews the main developments in the Greek-Turkish dispute relating to the Greek islands in the Aegean Sea & analyzes all other aspects of the Greek maritime interests in the light of the Convention. The contributors have closely followed the creation of the new international law of the sea & discuss in their papers how this affects a great maritime nation, such as Greece, in a variety of ways. The work is published under the auspices of the recently established Aegean Institute of the Law of the Sea & Maritime Law, an independent scientific research center affiliated with the University of the Aegean, located in Rhodes. It constitutes one of the few books to cover Greek affairs in the English language. As such, it will greatly assist non-Greek speaking scholars interested in following & studying Greek affairs.

Baselines under the International Law of the Sea

Baselines under the International Law of the Sea
Title Baselines under the International Law of the Sea PDF eBook
Author Coalter G. Lathrop
Publisher BRILL
Pages 185
Release 2019-03-27
Genre Law
ISBN 9004398147

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Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.

The Legal Regime of Straits

The Legal Regime of Straits
Title The Legal Regime of Straits PDF eBook
Author Hugo Caminos
Publisher Cambridge University Press
Pages 531
Release 2014-12-22
Genre Law
ISBN 1316060608

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The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.