Download or read book Stability and Change in the Law of the Sea The Role of the LOS Convention written by Alex G. Oude Elferink and published by BRILL. This book was released on 2005-12-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.

Download or read book Stability And Change in the Law of the Sea written by Alex G. Oude Elferink and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.

Download or read book Change in the Law of the Sea written by Rozemarijn J. Roland Holst and published by BRILL. This book was released on 2022-02-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.

Download or read book Geographical Change and the Law of the Sea written by Kate Purcell and published by Oxford Monographs in Internati. This book was released on 2019 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (doctoral)--University of Cambridge, [2015?]

Download or read book Geographical Change and the Law of the Sea written by Kate Purcell and published by Oxford University Press. This book was released on 2019-12-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the implications of geographical change for maritime jurisdiction under the law of the sea. In a multistranded intervention, it challenges existing accounts of the consequences of climate-related change for entitlement to maritime space, maritime limits, and international maritime boundaries. It also casts new light on the question of whether a loss of habitable land and large-scale population displacement will precipitate a loss of territorial sovereignty and the legal 'extinction' of affected States. This study of the legal significance of geographical change is grounded in an in-depth study of the role of geography in the law of the sea. As well as offering a new perspective on the pressing question of how climate change will affect maritime jurisdiction, territorial sovereignty, and statehood, the book contributes to the scholarship on maritime delimitation and international boundaries generally (on land and at sea). It includes an analysis of the principle of intertemporal law that suggests a useful framework for considering questions of stability and change in international law more broadly. This rigorous and original study will be of value to anyone concerned with the implications of climate-related change for maritime jurisdiction, territorial sovereignty, and statehood. Its broader analysis of the existing law and engagement with a range of doctrinal debates through the lens of the question of geographical change will be of interest to scholars and practitioners of the law of the sea, the law of territory, and the law relating to international boundaries.

Download or read book The Future of the Law of the Sea written by Gemma Andreone and published by Springer. This book was released on 2017-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

Download or read book The Law of the Sea and Climate Change written by Elise Johansen and published by Cambridge University Press. This book was released on 2020-12-17 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.

Download or read book The Oxford Handbook of the Law of the Sea written by Donald Rothwell and published by Oxford Handbooks in Law. This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. ThisOxford 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. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Download or read book International Law and Sea Dumped Chemical Weapons written by Grant Dawson and published by Oxford University Press. This book was released on 2023-04-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the two world wars of the twentieth century, governments decided to dispose of unwanted chemical weapons in the world's oceans. The deleterious consequences of this decision for the earth's precious marine environment are now becoming clear. As the issue of sea-dumped chemical weapons cannot be contained by borders, we will all have to deal with the adverse effects on our fragile planetary ecosystem. While states have made some efforts to address the situation, unresolved international legal issues remain. International Law and Sea-Dumped Chemical Weapons contains a systematic conceptual analysis of the international legal frameworks governing the remediation of sea-dumped chemical weapons. Where deficiencies are found in the law, legal solutions are offered. In addition, practical approaches to the problem are explored. Furthermore, the book argues that solutions to this environmental hazard rely on a holistic awareness-and acceptance-of how humanity's past actions have damaged our ecosystem. Aiming to bring about the necessary will to overcome this challenge, this volume identifies and analyses the problem, offers guidance, and provides hope to the current and succeeding generations so that we can solve the problem of sea-dumped chemical weapons and restore balance to our ecosystem.

Download or read book Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities under UNCLOS written by Chuxiao Yu and published by BRILL. This book was released on 2022-10-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the strength and limit of UNCLOS in regulating "modern" ocean data collection activities, and proposes possible regulatory arrangements that fill the gaps for regulation of the said activities, if any, in the Convention.

Download or read book Blue Legalities written by Irus Braverman and published by Duke University Press. This book was released on 2020-01-17 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know—and what we don’t know—about oceans, our earthly planet, and ourselves. Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg

Download or read book UNCLOS and Ocean Dispute Settlement written by Nong Hong and published by Routledge. This book was released on 2012-07-26 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book’s central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overlapping maritime claims caused by the newly established maritime regimes authorized by UNCLOS are all contributing factors to the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at participation in the UNCLOS negotiations, maritime legislation, and the dispute settlement practice of relevant States party to the SCS dispute. The author goes on to explore the relationship between UNCLOS and the regimes and institutions in the SCS, particularly in regard to issues of maritime security, marine environment protection, joint development of oil and gas and general political interaction. The author proposes practical mechanisms to resolve the dispute whilst also offering a final judgement on the effectiveness of UNCLOS for settling disputes. UNCLOS and Ocean Dispute Settlement will be of particular interest to academics, students and policy makers of international, shipping and maritime law as well as being of interest to academics and students in the field of international relations.

Download or read book International Law and the Protection of People at Sea written by Irini Papanicolopulu and published by Oxford University Press. This book was released on 2018-03-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.

Download or read book Recent Developments in the South China Sea Dispute written by Wu Shicun and published by Routledge. This book was released on 2014-05-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.

Download or read book Modification of Treaties by Subsequent Practice written by Irina Buga and published by Oxford University Press. This book was released on 2018-04-04 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.

Download or read book World heritage in the high seas written by Freestone, David and published by UNESCO Publishing. This book was released on 2016-08-08 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Governance of the Arctic Marine Environment written by Lilly Weidemann and published by Springer Science & Business Media. This book was released on 2014-04-09 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arctic is particularly affected by climate change; over the past few decades, temperatures in this area have risen twice as fast as the mean global rate. The most prominent effect of global climate change in the region is the melting sea ice in the Arctic Ocean, which enables a multitude of ocean uses to be initiated and extended, such as shipping, fishing and oil and gas extraction. Unlike in the Antarctic, there is currently no single comprehensive legal regime for governance of the Arctic. Instead, the region is regulated by a patchwork of international treaties, above all the United Nations Convention on the Law of the Sea (UNCLOS), various regional and sub-regional agreements, national laws and soft-law agreements. This treatise provides an evaluation of the governance regime that regulates the use of the Arctic marine environment and its readiness to protect these fragile ecosystems in light of the consequences of climate change.