The Oxford Handbook Of The Law Of The Sea

Author: Donald R. Rothwell
Publisher: OUP Oxford
ISBN: 0191024643
Size: 29.28 MB
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The Oxford Handbook Of The Law Of The Sea from the Author: Donald R. Rothwell. 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. This Oxford 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. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

United Nations Convention On The Law Of The Sea 1982

Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792324713
Size: 18.55 MB
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United Nations Convention On The Law Of The Sea 1982 from the Author: Myron H. Nordquist. These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.

Origin And Development Pf The Law Of The Sea

Author: Ram Prakash Anand
Publisher: BRILL
ISBN: 9789024726172
Size: 53.88 MB
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Origin And Development Pf The Law Of The Sea from the Author: Ram Prakash Anand. This work presents an in-depth analysis of the most complex of the many ocean boundary delimitation problems confronting neighboring states in the Pacific region. In each case the various factors influencing the parties to the dispute are examined in detail & alternative diplomatic options are compared. Special emphasis is given to the problems of Southeast Asia, East Asia, & the Northeast Pacific, but regional developments in the Southwest Pacific & the Central & Southeast Pacific are also discussed. The authors, who are prominent specialists in the field of ocean policy studies place their factor-and-option analysis of these difficult disputes within a multidisciplinary, 'functionalist' framework, & offer some original proposals for innovative ocean diplomacy that now seem realistic in light of recent improvements in the international political arena.

The Law Of The Sea

Author: U. N. Gupta
Publisher: Atlantic Publishers & Dist
ISBN: 9788126904082
Size: 35.96 MB
Format: PDF
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The Law Of The Sea from the Author: U. N. Gupta. The Book, The Law Of The Sea, With An Introduction By Professor U.N. Gupta, Is Designed To Meet The Needs And Requirements Of Scholars Of International Law And International Relations; Professionals Engaged In Merchant Shipping Or Connected With Naval Forces And The Policy Makers Of Different States Who Want To Know About National Interests In The Seas, Among Others. Necessarily, The Book Presents In Depth The Various Forms And Aspects Of Human Interests Involved When The States Do Or Do Not Have A Sea Coast. This Study Encompasses A Period Of About Six Centuries And Is Dotted With Conflict Of Claims Made By Kings And States From Time To Time, Various Mutual Understandings Made, Treaties Or Conventions Signed By Them, Or Customary International Law Relating To The Sea As It Gradually Developed By Consensus Or By Sufferance. The Sea Has Provided An Easy Method Of Navigation For Trade Or Empire Building Purposes. The Various Parts Of The Sea, Like Bays, Gulfs Or Territorial Sea Got Defined In The Process. This Part Of The Law Of Sea Which Is History-Based And Mainly Customary Has Been Included In The Introduction Part Of The Book. With The Technological Advancements Made For Winning The Second World War, The Victorious Powers Saw The Vast Economic Potential For Exploitation Presented To Them By The Widespread Ocean Wealth. This Capability And Future Prospects Gave Copernican Turn To Customary Law Of The Sea As It Was Till The End Of Second World War. The New Competitive Wave Set In Motion By The Two Unilateral Proclamations By The Usa In 1945 Resulted In The Overhauling Of The Law Of Sea By The Four 1958 Geneva Conventions On The Law Of Sea. The Introduction And The Appendices To The Book Give The Rationale, Substance And The Texts Of These Developments. These Also Lead To Various International Understands, Conventions And Treaties Made For Peaceful Uses Of The Seas By The States. The Important Use Of The Seas For Extraction Of Sea Wealth Gave Rise To Further Demands On The Law Of Sea In 1960S And 1970S Leading To The Iii United Nations Conferences On The Law Of Sea. The Culminated Comprehensive 1981 Un Convention On The Law Of Sea After Long Drawn Consensus Procedures By All The States Of The World, Coastal Or Non-Coastal, Is In Various Ways Studied In The Book And The Text Of 1981 Convention On The Law Of Sea Has Been Included In Its Appendices.

The Law Of The Sea

Author: United Nations. Division for Ocean Affairs and the Law of the Sea
Publisher: United Nations Publications
ISBN: 9789211336580
Size: 21.14 MB
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The Law Of The Sea from the Author: United Nations. Division for Ocean Affairs and the Law of the Sea. The present study is devoted to the legislative history of article 218, dealing with enforcement by port States of vessel-source pollution perpetrated outside the internal waters, the territorial sea or the exclusive economic zone of such States in violation of applicable international rules and standards established through the competent international organization or general diplomatic conference. This publication lays down the basic legal regime of a port State's competence in respect of pollution control when a vessel is voluntarily within its port or at its offshore terminal.

The Law Of The Sea

Author: Thomas A. Clingan
Publisher: Austin & Winfield Pub
ISBN:
Size: 20.86 MB
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The Law Of The Sea from the Author: Thomas A. Clingan. This 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 and maritime boundaries.

Definitions For The Law Of The Sea

Author: George K. Walker
Publisher: Martinus Nijhoff Publishers
ISBN: 9004211608
Size: 75.82 MB
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Definitions For The Law Of The Sea from the Author: George K. Walker. Definitions for the Law of the Sea elucidates undefined terms and phrases used in The United Nations Convention on the Law of the Sea (UNCLOS) itself, as well as terms used in its analysis. Based on nearly a decade of work by the American Branch of the International Law Association’s Law of the Sea Committee, the volume provides clear definitions based on usage in the Convention, rather than geographical or geological concepts.

The Law Of The Sea And Northeast Asia

Author: Hŭi-gwŏn Pak
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041114075
Size: 23.61 MB
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The Law Of The Sea And Northeast Asia from the Author: Hŭi-gwŏn Pak. 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.

United Nations Convention On The Law Of The Sea Agreement Relating To The Implementation Of Part Xi Of The Un Convention On The Law Of The Sea With Index And Excerpts From The Final Act Of The 3rd Un Conference On The Law Of The Sea Pdf

Author: United Nations
Publisher: United Nations Publications
ISBN: 921155375X
Size: 57.46 MB
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United Nations Convention On The Law Of The Sea Agreement Relating To The Implementation Of Part Xi Of The Un Convention On The Law Of The Sea With Index And Excerpts From The Final Act Of The 3rd Un Conference On The Law Of The Sea Pdf from the Author: United Nations. United Nations publication sales no. E.97.V.10"--T.p. verso.

The Law Of The Sea

Author: United Nations Publications
Publisher: United Nations Publications
ISBN: 9789211336672
Size: 27.53 MB
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The Law Of The Sea from the Author: United Nations Publications. Compiled by the United Nations Office of Legal Affairs, this bibliography covers 21 subject categories based on the major topics of the United Nations Convention of the Law of the Sea. It is intended for the use of those interested in ocean affairs and the law of the sea matters in general and in the UN Conventional on the Law in the Sea in particular.