Download or read book The Interception of Vessels on the High Seas written by Efthymios Papastavridis and published by Bloomsbury Publishing. This book was released on 2014-08-28 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Public Order of the Oceans written by Myres Smith McDougal and published by . This book was released on 1962 with total page 1226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Public Order of the Oceans written by Myres S. MacDougal and published by . This book was released on 1975 with total page 1226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Public Order of the Oceans a Contemporary International Law of the Sea written by Myres S. 1906-1998. (Myres Smith) McDougal and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Public Order of the Oceans written by Myres Smith MacDougal and published by Martinus Nijhoff Publishers. This book was released on 1994 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Public Order of the Oceans written by Myres S McDougal and published by Martinus Nijhoff Publishers. This book was released on 1987-05 with total page 1312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to Contemporary International Law written by Lung-chu Chen and published by Oxford University Press, USA. This book was released on 2015 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.
Download or read book Theory and History of Ocean Boundary Making written by Douglas M. Johnston and published by McGill-Queen's Press - MQUP. This book was released on 1988-09-01 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Douglas Johnston provides a synthesis of all disciplines relevant to any aspect of boundary-making. He outlines the general theory of boundary-making, reviews the modern history of all modes of boundary-making in the ocean, and provides a theoretical framework for the analysis and evaluation of ocean boundary claims, practices, arrangements, and settlements. The author suggests that as bilateral treaty-making continues, significant boundary delimitation patterns will emerge, some of which may prove useful in non-oceanic contexts of boundary-making and natural resource management such as Antarctica, airspace and outerspace, and international lakes and rivers.
Download or read book Ocean Law Debates written by Harry N. Scheiber and published by BRILL. This book was released on 2018-07-17 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.
Download or read book Order for the Oceans at the Turn of the Century written by Davor Vidas and published by BRILL. This book was released on 2024-01-08 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a state-of-the-art report on ocean law and politics today, written by 40 contributors from six continents. At this important early stage of implementation of the Law of the Sea Convention, this book assesses where we have been going in the past decade and charts the way ahead. Implementation of the Convention - from the perspective of interaction of politics and law - is the unifying theme of the book. Under this, three basic aspects have emerged as crucial during the 1990s: (1) evolution of new regimes; (2) institutionalisation; and (3) new patterns of participation. These are explored systematically in sections on: the Convention, its implementing agreements and related international institutions (Parts I and II); interaction of law of the sea with other regimes, including those for polar regions (Parts III and IV); the various levels (international, national and transnational) and actors involved in the implementation of the Convention (Part V); and a number of salient issues in implementation today (Part VI).
Download or read book The Interpretation of International Agreements and World Public Order written by Harold D. Lasswell and published by BRILL. This book was released on 2023-07-24 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The policy-oriented approach of the New Haven School is widely recognized as a major contribution to the legal and jurisprudential debate on interpretation. Eschewing mechanical textual methods, on the one hand, and anti-textual, solipsistic methods, on the other, the New Haven School has developed a comprehensive and systematic approach to the interpretation of human communication. Drawing upon psychology, legal experience, and communications theory, of which Lasswell was a founder, the authors have developed a theoretically cogent and practical method of interpretation. In the course of doing it, they survey the existing literature, showing its problems. In addition to the original text of The Interpretation of Agreements, this edition includes a new introduction, in which developments since the appearance of the book are examined and appraised, and three important papers which elaborate the theory developed here, including Professor McDougal's scathing critique of the last major international conference on the law of treaties.
Download or read book Studies in World Public Order written by McDougal and published by Martinus Nijhoff Publishers. This book was released on 2023-09-25 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern Legal Interpretation written by Marko Novak and published by Cambridge Scholars Publishing. This book was released on 2019-01-24 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.
Download or read book Human Rights and World Public Order written by Myres Smith McDougal and published by . This book was released on 2019 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The re-issuance of this venerable title, unveils this work to a new generation of scholars, students, and practitioners of international law and human rights.
Download or read book The Structure and Process of International Law written by Ronald St John MacDonald and published by Martinus Nijhoff Publishers. This book was released on 1983-10 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Maritime Security and the Law of the Sea written by Natalie Klein and published by OUP Oxford. This book was released on 2012-10-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.
Download or read book Aspects of Illegal Unreported and Unregulated Fishing in the Southern Ocean written by Rachel Baird and published by Springer Science & Business Media. This book was released on 2007-06-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illegal, Unreported and Unregulated (IUU) fishing threatens the viability of high seas living resources. This book details the efforts of the Convention for the Conservation of Antarctic Marine Living Resources Commission and the Australian government to adopt complementary measures to deter IUU fishing in the Southern Ocean. It describes how these various measures have proven effective in deterring IUU operators.
