Download or read book The Barbados Trinidad and Tobago Arbitration Award of 2006 written by Belinda Mcmahon and published by T.M.C. Asser Press. This book was released on 2009-10-31 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: FOREWORD This volume contains the Award of the Arbitral Tribunal established under Annex VII of the 1982 United Nations Convention of the Law of Sea (“UNCLOS,” “the Convention”) in the matter between Barbados and Trinidad and Tobago concerning the delimitation of the exclusive economic zone and continental shelf in the Caribbean Sea region that separates the two island nations. This Award, delivered on April 11, 2006, was the first ever rendered in a maritime delimitation submitted to arbitration pursuant to the dispute settlement provisions found in Part XV of UNCLOS. The Convention, which came into force on November 16, 1994, was concluded to provide a regulatory framework for the use of the world’s seas and oceans, to ensure the conservation and eq- table usage of resources and the marine environment, and to ensure the prot- tion and conservation of the living resources of the sea. The Convention provides, in effect, for a system of compulsory recourse to arbitration in the event of d- pute between two signatory States. Ad hoc arbitration under Annex VII of UNCLOS is the default means of dispute settlement if a State has not expressed any preference for the alternative means of dispute resolution available under Article 287 of the Convention, and has not made any reservation or optional exceptions pursuant to Article 298. This arbitration was initiated in February 2004 by Barbados, after three - cades of unsuccessful attempts by the two States to agree on the issues involved.

Download or read book The Barbados Trinidad and Tobago Arbitration Award of 2006 written by Belinda Mcmahon and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Barbados/Trinidad and Tobago Arbitration Award (2006) is the first ever rendered in a maritime delimitation submitted to arbitration pursuant to Annex VII of the 1982 United Nations Convention of the Law of Sea. The Arbitral Tribunal was called upon to decide the delimitation of the exclusive economic zone and continental shelf in the Caribbean Sea region that separates the two island nations. The Final Award establishes a single maritime boundary between Barbados and Trinidad and Tobago and also requires the two States to take steps to conserve fish stocks and ensure certain fishing rights of Barbadian fishermen who had traditionally fished in Trinidad and Tobago waters. Bernard Oxman, the Richard A. Hausler Professor of International Law at the University of Miami, provides an insightful introduction on the contribution of the Award to the law of maritime delimitation.

Download or read book Arbitral Tribunal Constituted Pursuant to Article 287 and in Accordance with Annex VII of the United Nations Convention on the Law of the Sea in the Matter of an Arbitration Between Barbados and the Republic of Trinidad and Tobago Award written by 3121 @Permanent Court of Arbitration. Arbitral tribunal in the matter of an arbitration between Barbados and the Republic of Trinidad and Tobago and published by . This book was released on 2006 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Predictability and Flexibility in the Law of Maritime Delimitation written by Yoshifumi Tanaka and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.

Download or read book International Arbitration and the Permanent Court of Arbitration written by Manuel Indlekofer and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.

Download or read book Equitable Principles of Maritime Boundary Delimitation written by Thomas Cottier and published by Cambridge University Press. This book was released on 2015-04-30 with total page 835 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.

Download or read book Dispute Resolution in the Law of the Sea written by Igor V. Karaman and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.

Download or read book Functional Jurisdiction in the Law of the Sea written by Maria Gavouneli and published by BRILL. This book was released on 2007-12-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.

Download or read book The Peaceful Resolution of Territorial and Maritime Disputes written by Emilia Justyna Powell and published by Oxford University Press. This book was released on 2023 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the peaceful resolution (PR) of territorial and maritime disputes and states' strategic behavior vis-à-vis methods of peaceful resolution: bilateral negotiations, good offices, inquiry, conciliation, mediation, arbitration, and adjudication. The authors argue that the high stakes associated with settlement of territorial and maritime disputes, the diversity of PR methods employed, and unpredictability of outcomes push states to strategize. Strategic considerations undergird states' choice of the particular PR methods, and states' behavior during the resolution once a particular method such as adjudication or negotiations, has been initiated. Uncertainty about the outcome drives states to pursue "strategic selection." The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue--choice-of-venue strategic selection, and decision-making once a PR method/venue has been identified--within-venue strategic selection. The driving force behind strategizing in these two settlement stages is the hope of reducing uncertainty and of increasing the chances of winning. Importantly, as the disputants progress through the settlement process, states reconsider and refine these strategies. For each stage of strategic selection, Powell and Wiegand identify several mechanisms that influence states' strategies, including past experiences with PR methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multi-method approach and combines statistical analyses and in-depth qualitative interviews with states' legal counsel, judges, arbitrators, government officials, and other experts from multiple countries. The book also highlights numerous real-world instances of territorial and maritime disputes including the Philippines v. China arbitration case in the South China dispute.

Download or read book Arbitration Rules International Institutions 3rd Edition written by Loukas A. Mistelis and published by Juris Publishing, Inc.. This book was released on 2010-05-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Institutions have led the way in rulemaking for international commercial arbitration. The institutional rules and commentary compiled in this easy-to-use reference tool are those promulgated by the institutions most often named in international agreements. The institutional rules and commentary compiled in this easy-to-use reference are those promulgated by the institutions most often named in international agreements. Arbitration Rules: International Institutions is the only resource to compile such an extensive array of commentary and analysis, written by leading arbitration authorities along with the full text of each set of rules.

Download or read book The Extension of Coastal State Jurisdiction in Enclosed or Semi Enclosed Seas written by Mitja Grbec and published by Routledge. This book was released on 2013-12-04 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2017-04-06 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully updated sixth edition of this successful textbook explains the legal and diplomatic techniques and organizations used to solve international disputes, how they work and when they are used. Using numerous examples, it shows the strengths and weaknesses of different methods. It is an essential resource for international dispute settlement courses.

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

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 International Law of the Sea written by Donald R Rothwell and published by Bloomsbury Publishing. This book was released on 2023-08-10 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.

Download or read book China and International Adjudication written by Thomas S. Eder and published by Nomos Verlag. This book was released on 2021-03-18 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: China will eine "Führungsnation" im Völkerrecht werden. Dieses Buch zeigt mit einer ersten umfassenden Analyse von Fallrecht und chinesischen akademischen Debatten von 2002 bis 2018, dass die verstärkte Nutzung von internationalen Gerichten Teil eines breiten Unterfangens ist, Chinas wirtschaftliche und politische Erfolge zu konsolidieren, und erneut Großmachtstatus zu erlangen. Handels- und Investmentrecht, Seerecht und territoriale Fragen werden abgedeckt – auch zum Südchinesischen Meer – und ein jahrzehntelanger Prozess zwischen Vorsicht und Ambition nachgezeichnet. Diskussionsmuster und tatsächliches Engagement Chinas in allen Rechtsbereichen zeigen bemerkenswerte Gemeinsamkeiten, lediglich die Zeitpläne sind unterschiedlich.

Download or read book Ocean Law and Policy written by Carlos Espósito and published by BRILL. This book was released on 2016-10-11 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.