A Handbook On The New Law Of The Sea 2 1991 PDF Download
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Author | : René Jean Dupuy |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 894 |
Release | : 1991-10-16 |
Genre | : Law |
ISBN | : 9780792310631 |
Download A handbook on the new law of the sea. 2 (1991) Book in PDF, ePub and Kindle
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conferences Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.
Author | : René Jean Dupuy |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 926 |
Release | : 1991-10-16 |
Genre | : Law |
ISBN | : 9780792309246 |
Download A handbook on the new law of the sea. 1 (1991) Book in PDF, ePub and Kindle
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the regime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal regime governing underwater archaeological and historical objects.
Author | : Donald R. Rothwell |
Publisher | : BRILL |
Total Pages | : 389 |
Release | : 2021-10-18 |
Genre | : Law |
ISBN | : 9004482660 |
Download Navigational Rights and Freedoms and the New Law of the Sea Book in PDF, ePub and Kindle
Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.
Author | : Budislav Vukas |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 369 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9004138633 |
Download The Law Of The Sea Book in PDF, ePub and Kindle
Collection of 20 essays by the author, republished as initially written in English or French. They reflect the development of the author's views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea.
Author | : René Jean Dupuy |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 881 |
Release | : 2023-09-20 |
Genre | : Law |
ISBN | : 9004639187 |
Download A Handbook on the New Law of the Sea, Volume 2 Book in PDF, ePub and Kindle
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.
Author | : Yoshifumi Tanaka |
Publisher | : Cambridge University Press |
Total Pages | : 549 |
Release | : 2015-04-16 |
Genre | : Law |
ISBN | : 1107080401 |
Download The International Law of the Sea Book in PDF, ePub and Kindle
A systematic examination of all topics in law of the sea courses, fully updated to include contemporary issues.
Author | : P. Chandrasekhara Rao |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 264 |
Release | : 2001-07-06 |
Genre | : Law |
ISBN | : 9789041116017 |
Download The International Tribunal for the Law of the Sea Book in PDF, ePub and Kindle
This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.
Author | : Francisco Orrego Vicuña |
Publisher | : Cambridge University Press |
Total Pages | : 372 |
Release | : 1999-03-04 |
Genre | : Law |
ISBN | : 9780521641937 |
Download The Changing International Law of High Seas Fisheries Book in PDF, ePub and Kindle
This book examines legal, economic and environmental developments including recent state and international practice.
Author | : Yoshifumi Tanaka |
Publisher | : Routledge |
Total Pages | : 311 |
Release | : 2016-03-23 |
Genre | : Law |
ISBN | : 1317188322 |
Download A Dual Approach to Ocean Governance Book in PDF, ePub and Kindle
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
Author | : Efthymios Papastavridis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 267 |
Release | : 2014-08-28 |
Genre | : Law |
ISBN | : 1782250859 |
Download The Interception of Vessels on the High Seas Book in PDF, ePub and Kindle
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.