Download or read book The International Territorial Sea Dispute and Its Relation to Fisheries written by Benjamin F. Worcester and published by . This book was released on 1962 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Regime of Fisheries written by José A. Yturriaga and published by BRILL. This book was released on 2021-09-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, the international community failed to adopt either an agreed limit for the breadth of the territorial sea or a satisfactory regime of fisheries in the waters adjacent to the territorial sea. This provoked an eruption of unilateral acts by which coastal states extended their jurisdiction towards the high seas. The Third U.N. Conference on the Law of the Sea accepted the establishment of a 12-mile territorial sea and a 200-mile exclusive economic zone. While taking into account the non-existent rights and interests of the so-called geographically disadvantaged states and of states with broad continental shelves, the 1982 Convention on the Law of the Sea practically ignored existing rights and interests of habitual fishing states. It maintained the well-established principle of freedom of fishing on the high seas but with specific conditions. Dissatisfied with the Convention's regulation of fishing on the high seas, a few states elected to hold a U.N. Conference on Straddling and Highly Migratory Fish Stocks which adopted the 1995 Agreement for the implementation of the provisions of the Convention relating to the conservation and management of such stocks. Similarly, some of these states, like Chile, Argentina, and Canada, adopted legislation extending their jurisdiction beyond their respective 200-mile fishing or exclusive economic zones. This book explores these events in the historical development of the international regulations of fisheries and concludes with a look into recent developments in the area.
Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.
Download or read book The Law of the Sea and Northeast Asia written by Hŭi-gwŏn Pak and published by Martinus Nijhoff Publishers. This book was released on 2000 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.
Download or read book The Law of the Sea and Northeast Asia written by Park Hee Kwon and published by BRILL. This book was released on 2021-10-25 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.
Download or read book Territorial Seas and Inter American Relations written by Bobbie B. Smetherman and published by Greenwood. This book was released on 1974 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Law of Fisheries written by Douglas M. Johnston and published by Martinus Nijhoff Publishers. This book was released on 1987 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antarctica is the last, most inhospitable frontier on earth, yet it presents a great number of unresolved conflicts between nations, individuals, environmentalists, scientists & business groups. The International Law of Antarctica addresses the crucial question of how international law can respond to claims that will certainly shape tomorrow's Antarctica. The author adopts a policy-oriented approach & focuses on the primary issue of determining the effective norms by which the process of value shaping & sharing develops in Antarctica, & to what extent such norms satisfy the prevailing aspirations of the world community. Where discrepancies are significant policies are proposed that may better meet such aspirations, as well as methods for their implementation. Part I of this study describes the social, power, & legal processes relating to Antarctica; reviews the geographic, technological, economic, & historical context in which these processes evolve, & how their special features affect such processes; & finally postulates the basic community policies with reference to which the process of claims & decisions in Antarctica are analyzed. Part II focuses on national claims to Antarctica by reviewing claims relating to the modes to establish exclusive appropriation of the area. Part III is a detailed examination of specific claims to Antarctica resources: claims to mineral & living resources, & claims relating to space-extension resources, namely, Antarctica sea & air space. It is concluded by an appraisal of the congruence of the existing order of Antarctica with the postulated basic policies, critically reviewing proposals for a new order, & advancing long-term & more immediate alternatives.
Download or read book The Law of the Sea in the Asian Pacific Region written by James Crawford and published by BRILL. This book was released on 2021-09-27 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends.
Download or read book The Limits of Maritime Jurisdiction written by Clive H. Schofield and published by Martinus Nijhoff Publishers. This book was released on 2013-11-28 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.
Download or read book Cases and Materials on the Law of the Sea written by Louis B. Sohn and published by BRILL. This book was released on 2021-10-25 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on the Law of the Sea is a thoroughly up-to-date text that will be used both as a classroom course book and as a treatise and reference guide. The text contains engaging teaching materials that systematically introduce law of the sea topics, placing them in the context of important themes about the roles of international law and international legal process. Historical materials of continuing importance appear alongside new materials that address such topics as maritime terrorism and port security, the protection of underwater cultural heritage, marine sanctuaries, deep-sea vent resources, and the operation of the International Tribunal for the Law of the Sea and other new international organizations. Published under the Transnational Publishers imprint.
Download or read book The Sovereignty of the Sea written by Thomas Wemyss Fulton and published by DigiCat. This book was released on 2022-06-02 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to bring together all the available information regarding the sovereignty of the British Seas. The author aimed to trace the development of territorial waters during his time, i.e., the early 1900s. The book is split into two sections, the first containing a historical account of the claims made to the authority of the sea; the second dealing with the relic of such claims. Thomas Wemyss Fulton originally undertook this work to deal only with the subjects related to the sea fisheries. It soon became apparent that restricting the scope would lead to multiple disadvantages and present only a partial picture. This brilliant work laid the foundation on which all future research concerning the history of the British Sea Fisheries is based.
Download or read book Historic Waters and Historic Rights in the Law of the Sea written by Clive R. Symmons and published by BRILL. This book was released on 2019-03-27 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.
Download or read book The Law of the Sea written by Thomas A. Clingan and published by Rlpg/Galleys. This book was released on 1994 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most current text available on the international and U.S. law of the sea, this much-needed reference is built around the 1982 United Nations Convention on the Law of the Sea and other relevant maritime materials. While it addresses all aspects of ocean usage, much emphasis has been placed on issues of contemporary importance such as international fisheries, maritime boundaries, and deep seabed mining. The first part introduces traditional zones of jurisdiction and doctrine such as inland waters, territorial seas, or high seas, as well as some new concepts related to navigation: the regimes of international straits and archipelagic waters and exclusive economic zones. The latter part analyzes functional issues such as fishing, oil and gas exploitation, mining, scientific research, and maritime pollution, referring on each subject to the U.S. law for comparison.
Download or read book Cases and Materials on the Law of the Sea Second Edition written by Louis B. Sohn and published by Martinus Nijhoff Publishers. This book was released on 2014-05-08 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt: A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected] to learn more. This second edition of Cases and Materials on the Law of the Sea has been updated to address significant developments that have occurred in the law of the sea since the publication of the first edition in 2004. The text compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics while placing those issues in the broader context of international law and international legal process. The book incorporates relevant historical materials alongside materials addressing more recent topics, such as port security, the depletion of fish stocks, and the operation of new international institutions. Extensive notes and discussion questions engage readers and enhance their understanding of the materials.
Download or read book International Law Of The Sea In The Twenty first Century The State Practice In East Asia written by Keyuan Zou and published by World Scientific. This book was released on 2021-11-24 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.
Download or read book Global Challenges and the Law of the Sea written by Marta Chantal Ribeiro and published by Springer Nature. This book was released on 2020-05-23 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
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.
