Download or read book The Qatar V Bahrain Maritime Delimitation and Territorial Questions Case written by Barbara Kwiatkowska and published by IBRU. This book was released on 2003 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Case Concerning Maritime Delimitation and Territorial Questions Between Qatar and Bahrain Qatar V Bahrain written by and published by . This book was released on 1999 with total page 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 Fraudulent Evidence Before Public International Tribunals written by W. Michael Reisman and published by Cambridge University Press. This book was released on 2014-05-08 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.
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 Maritime Delimitation written by Rainer Lagoni and published by BRILL. This book was released on 2006 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
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 The Concept of Treaty in International Law written by Jan Klabbers and published by Martinus Nijhoff Publishers. This book was released on 1996-04-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, "ex" "hypothesi," treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.
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: The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.
Download or read book Baselines under the International Law of the Sea written by Coalter G. Lathrop and published by BRILL. This book was released on 2019-03-27 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Download or read book Aegean Sea Continental Shelf Case Greece V Turkey written by International Court of Justice and published by . This book was released on 1977 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 International Organizations and the Law of the Sea 1998 written by Barbara Kwiatkowska and published by BRILL. This book was released on 2021-08-04 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 14th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, Panama Canal, ECOSOC, UNEP and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1998 are reproduced, while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1992 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement on 28 July, 1996, and progress in the implementation of Chapter 17 of Agenda 21, make continuation of this assistance of particular significance in the years to come. Volume 14 contains Special Report by Editor-in-Chief Barbara Kwiatkowska on The Law-of-the-Sea-Related Cases in the International Court of Justice During the Presidency of Judge Stephen M. Schwebel (1997-2000). It explores the unique role of the ICJ as the principal judicial organ of the United Nations in the development of ocean affairs and the law of the sea, in the context of an ongoing follow-up to the Overall Review and Appraisal of the UNCED Agenda 21. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman and Shabtai Rosenne.
Download or read book Les diff rends territoriaux devant le juge international written by Géraldine Giraudeau and published by Martinus Nijhoff Publishers. This book was released on 2012-12-03 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitral and judicial decisions dealing with territorial land and maritime disputes bear the mark of compromising. They draw boundaries situated between the respective pretentions of the parties and ensure an equitable share of spaces and resources. This phenomenon of compromising symptomatically appears in the jurisprudence dealing with territorial disputes, because of their specific nature, and the geostrategic, economic and emotional factors at stake. It is also due to the remarkable flexibility of applicable norms and principles, which provides a vast power of appreciation to the judge. This study enhances how the content of the decisions is used in order to reach a balanced solution and demonstrates that the international judge focuses on peacekeeping considerations. Les décisions arbitrales et judiciaires relatives aux différends territoriaux terrestres et maritimes sont marquées par une tendance transactionnelle. Elles consacrent des tracés frontaliers situés entre les revendications respectives des parties et assurent plus globalement un équitable partage des espaces et des ressources. Ce phénomène de compromis s’exprime symptomatiquement dans la jurisprudence relative aux différends territoriaux en raison de la nature de ces litiges et de leurs enjeux géostratégique, économique et émotionnel. Il est aussi dû à la particulière flexibilité des règles et des principes applicables. Cette étude témoigne de l’instrumentalisation qui est faite du contenu des décisions juridictionnelles au profit de solutions équilibrées et démontre que le juge international est avant tout tourné vers la mission pacificatrice de son office.
Download or read book Sea Level Change and Maritime Boundaries written by Antoine Grima and published by Taylor & Francis. This book was released on 2023-06-23 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change is modifying, in varying measure, the coastal geography of States. The phenomenon is not temporary but is expected to carry on during the 21st century and beyond. A distinctive feature of modern international law is the concept of maritime zones. Each maritime area is subject to an intricate scheme of States’ rights and obligations. Coastal geography is a fundamental component of a long-standing method, developed and agreed upon between States, to establish the outward limits of these areas. A feature of this method is the baseline. In international law it is the only reference line from where the outward limits of maritime zones are measured. There are clear rules on how this is established along a coast. There is a concern amongst a number of States that rising sea water levels as a result of climate change may compel them to shift their baselines inward thus affecting the outward limits of their maritime zones. It is clear that the stability of maritime boundaries is put into question and this may bring about serious political, legal and economic repercussions. This concern may also affect the outcome of dispute settlement procedures before a competent international court or tribunal the purpose of which is to resolve overlapping maritime claims. Key questions emerge. What is the role played by coastal geography in the legal regime determining the outward limits of maritime zones? What are the consequences of changes to coastal geography? To what extent are dispute settlement procedures before a Court or Tribunal immune from this concern? Is international law able to address this? If so, in what way and what are its limits? What can be done to resolve this?
Download or read book The IMLI Manual on International Maritime Law The law of the sea written by David Joseph Attard and published by Oxford University Press, USA. This book was released on 2014 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
