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Author: René Jean Dupuy Publisher: Martinus Nijhoff Publishers ISBN: 9780792309246 Category : Law Languages : en Pages : 926
Book Description
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: René Jean Dupuy Publisher: Martinus Nijhoff Publishers ISBN: 9780792310631 Category : Law Languages : en Pages : 894
Book Description
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: Lilian del Castillo Publisher: Hotei Publishing ISBN: 9004283781 Category : Law Languages : en Pages : 800
Book Description
Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicorum Judge Hugo Caminos honors the accomplished career path of a distinguished scholar, professor, diplomat and judge in the global field of the Law of the Sea. Judge Hugo Caminos was not only defined by his professional accomplishments, including his appointment as Deputy Director of the Office of the Special Representative of the Secretary-General of the United Nations for the Third United Nations Conference on the Law of the Sea, and his work as a Judge on the International Tribunal for the Law of the Sea. He is also remembered, with gratitude and admiration, as a person of unfaltering moral character and intellectual integrity. The essays collected in this volume are dedicated to his multifacetic life. Consistent with the honoree’s background, the accomplished contributors to this book address relevant issues of the law of the sea, dealt with in twelve parts, covering from historical perspectives to the UNCLOS, the law of the sea in polar regions, the Area, the particular issues of islands and archipelagic States, the freedom of navigation and its attached responsibilities, piracy and the latest awards on maritime delimitation, as well as recent practice of the International Tribunal on the Law of the Sea (ITLOS), dispute settlement procedures and some unsettled maritime disputes, from the respective author''s point of view. All those interested in the Law of the Sea will find a seminal new work in Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicrocum Judge Hugo Caminos.
Author: Hugo Caminos Publisher: Routledge ISBN: 1351560654 Category : History Languages : en Pages : 599
Book Description
This series brings together the most significant published journal articles in international law as determined by the editors of each volume in the series. The proliferation of law, specialist journals, the increase in international materials and the use of the internet has meant that it is increasingly difficult for students and legal scholars to have access to all the relevant articles. Many valuable older articles are unable to be obtained readily. In addition each volume contains an informative introduction which provides an overview of the subject matter and justification of why the articles were collected. This series contains collections of articles in a manner that is of use for both teaching and research.
Author: Publisher: Martinus Nijhoff Publishers ISBN: 9789004136991 Category : Law Languages : en Pages : 440
Book Description
The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. To access the abstract texts for this volume please click here
Author: John Dugard Publisher: BRILL ISBN: 9004257497 Category : Law Languages : en Pages : 310
Book Description
The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).
Author: M. Habibur Rahman Publisher: Atlantic Publishers & Dist ISBN: 9788126907595 Category : Bengal, Bay of Languages : en Pages : 420
Book Description
There Is A Growing Concern About The Change In Composition Of The Atmosphere, Depletion Of The Ozone Shield, Pollution Of Marines And Rapid Population Growth Leading To Alarming Imbalance Between Population And Resources. Concerted Efforts Are Being Made Across The World To Curb The Environmental Degradation. The Un Conference On The Human Environment Held In Stockholm In 1972 Marked The Beginning Of The Development Of International Environmental Law By Soft Law Mechanism. With The Un Convention On The Law Of The Sea, 1982, The State Parties Have Been Made Obligatory To Protect The Marine Environment, Including All The Resources Therein.The Present Book Is A Treatise On The Legal Regime Of The Marine Environment In The Bay Of Bengal. It Provides A Comprehensive Description And Assessment Of The Legal Regime Governing This Particular Maritime Area. It Focuses On Its Protection, Preservation And Development. It Deals With Fisheries As Well As The Protection Of The Environment Against Pollution And The Discharge Of Waste From Land.Beginning With The Study Of Fisheries Management In The Bay Of Bengal, The Book Includes In Its Study The Major Agreements And Protocols, International Documents On Marine Environment, Seabed Mining And Its Consequences, Settlement Of Environmental Disputes, And The Present-Day Socio-Economic Condition In The Bay Of Bengal Region. The Book Also Provides A Bibliography To Enable The Readers To Pursue Their Study Further. The Index That Completes The Book Would Prove A Useful Study-Aid To All Readers. Since The Study Is Embedded In The Global Perspective Of The Protection Of The Marine Environment, It Shall Be Of Significant Use To All Those In Coastal And Naval Services, Government Executives, Planners And Policy Makers Concerned With The Protection Of The Marine Environment. For The Scholars And Teachers Of International Law, It Is An Ideal Reference Book.
Author: Efthymios Papastavridis Publisher: Bloomsbury Publishing ISBN: 1782250859 Category : Law Languages : en Pages : 269
Book Description
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.
Author: Franz Xaver Perrez Publisher: BRILL ISBN: 9004478132 Category : Law Languages : en Pages : 416
Book Description
In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate. The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.
Author: Frank-Luke Matthew Attard Camilleri Publisher: Rowman & Littlefield ISBN: 0761869514 Category : Political Science Languages : en Pages : 99
Book Description
This book is about the applicability of the high seas regime in the exclusive economic zone (EEZ). It analyses all the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and goes in depth about the very interesting and complex relationship that exists between the high seas and the EEZ. This book examines three cardinal freedoms of the sea: freedom of navigation, freedom of overflight, and freedom to lay submarine cables and pipelines.
Author: René Jean Dupuy
Author: René Jean Dupuy
Author: Lilian del Castillo
Author: Hugo Caminos
Author: Yoshifumi Tanaka
Author: 
Author: John Dugard
Author: M. Habibur Rahman
Author: Efthymios Papastavridis
Author: Franz Xaver Perrez
Author: Frank-Luke Matthew Attard Camilleri