Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book Maritime Boundary Delimitation The Case Law written by Alex G. Oude Elferink and published by Cambridge University Press. This book was released on 2018-03-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
Download or read book The Discourse on Customary International Law written by Jean D'Aspremont and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.
Download or read book Submerged Landscapes of the European Continental Shelf written by Nicholas C. Flemming and published by John Wiley & Sons. This book was released on 2017-08-07 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quaternary Paleoenvironments examines the drowned landscapes exposed as extensive and attractive territory for prehistoric human settlement during the Ice Ages of the Pleistocene, when sea levels dropped to 120m-135m below their current levels. This volume provides an overview of the geological, geomorphological, climatic and sea-level history of the European continental shelf as a whole, as well as a series of detailed regional reviews for each of the major sea basins. The nature and variable attractions of the landscapes and resources available for human exploitation are examined, as are the conditions under which archaeological sites and landscape features are likely to have been preserved, destroyed or buried by sediment during sea-level rise. The authors also discuss the extent to which we can predict where to look for drowned landscapes with the greatest chance of success, with frequent reference to examples of preserved prehistoric sites in different submerged environments. Quaternary Paleoenvironments will be of interest to archaeologists, geologists, marine scientists, palaeoanthropologists, cultural heritage managers, geographers, and all those with an interest in the drowned landscapes of the continental shelf.
Download or read book New Knowledge and Changing Circumstances in the Law of the Sea written by Tomas Heidar and published by BRILL. This book was released on 2020-09-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Download or read book North Sea Continental Shelf Cases written by International Court of Justice and published by . This book was released on 1969 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Maritime Delimitation as a Judicial Process written by Massimo Lando and published by Cambridge University Press. This book was released on 2019-06-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Download or read book The Delimitation of the Continental Shelf between Denmark Germany and the Netherlands written by Alex G. Oude Elferink and published by Cambridge University Press. This book was released on 2013 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the negotiations between Denmark, Germany and The Netherlands concerning the delimitation of their continental shelf in the North Sea uses relevant government archives to provide insights into the legal and political considerations which feed into policy formulation and negotiations.
Download or read book International Law and Sustainable Development written by Alistair Rieu-Clarke and published by IWA Publishing. This book was released on 2005-11-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.
Download or read book Dissenting and Separate Opinions at the World Court written by Ijaz Hussain and published by Martinus Nijhoff Publishers. This book was released on 1984-10-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition differs from its predecessors in that, at the request of many French-speaking & other jurists, it is now completely bilingual, in the two official languages of the International Court of Justice under Article 39 of the Statute -English & French. As before, this compilation aims to provide the practitioner in the Court, the diplomat, the politician & the student with a handy & complete collection of documents relating to the operation of the International Court of Justice, the principal judicial organ of the United Nations. In order to increase the usefulness of this compilation, the unofficial translations of the Rules of Court of 1978 into Arabic, Chinese, Russian & Spanish -the official languages of the United Nations -have been included.
Download or read book North Sea Continental Shelf Case Federal Republic of Germany Denmark written by Germany (West) and published by . This book was released on 1968 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Case law of the International Court written by Corte Internacional de Justicia and published by Brill Archive. This book was released on 1972-12-31 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Practitioner s Guide to Maritime Boundary Delimitation written by Stephen Fietta and published by Oxford University Press. This book was released on 2016 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Download or read book North Sea Continental Shelf Cases Federal Republic of Germany Denmark Federal Republic of Germany Netherlands Pleadings Oral Arguments Documents 1968 written by International Court of Justice and published by . This book was released on 1968 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Maritiem afbakeningsrecht written by Alex G. Oude Elferink and published by Martinus Nijhoff Publishers. This book was released on 1994-09-09 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an analysis of the maritime boundary delimitations of the Russian Federation. The focus of this analysis is the relationship between state practice and the rules of public international law applicable to the delimitation of maritime zones between neighboring states. A first part establishes the contents of the law in this field. The main part of the work concerns an analysis of the position of the Russian Federation on the rules of maritime delimitation law and the practice of this state in relation to the delimitation of specific maritime boundaries with neighboring states. The case study of the Russian Federation illustrates the significance of international law for the delimitation of maritime boundaries, while at the same time indicating the limits of the influence of the law on state behavior.
Download or read book Stress Testing the Law of the Sea written by Stephen Minas and published by BRILL. This book was released on 2018-09-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Regime for the Exploitation of Transboundary Marine Fisheries Resources written by Ellen Hey and published by Martinus Nijhoff Publishers. This book was released on 1989-08 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:
