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A Handbook on the New Law of the Sea, Volume 1

A Handbook on the New Law of the Sea, Volume 1 PDF Author: René-Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9004639179
Category : Law
Languages : en
Pages : 917

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 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.

A Handbook on the New Law of the Sea, Volume 1

A Handbook on the New Law of the Sea, Volume 1 PDF Author: René-Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9004639179
Category : Law
Languages : en
Pages : 917

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 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.

A handbook on the new law of the sea. 2 (1991)

A handbook on the new law of the sea. 2 (1991) PDF 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.

Canadian Oceans Policy

Canadian Oceans Policy PDF Author: Donald Malcolm McRae
Publisher: UBC Press
ISBN: 9780774803465
Category : History
Languages : en
Pages : 286

Book Description
This book deals with Canada's oceans management policies since the conclusion of the 1982 Convention of the Law of the Sea. That Convention set out a jurisdictional framework for the management of the world's oceans, but it did not provide states with precise guidance on all the issues that can arise. As a state with one of the world's longest coastlines, Canada was one of the principal beneficiaries under the 1982 Convention regime. A study of Canadian policy is particularly significant, as Canadian oceans management places in relief many of the difficult questions yet to be resolved. The central theme of this book, whose multidisciplinary contributors include leading Canadian participants in the Third United Nations Conference on the Law of the Sea, as well as leading Canadian academic and government oceans specialists, concerns the adequacy of the Canadian management responses to a new oceans regime which grants substantial jurisdiction to the coastal state. The chapters look at dispute settlement (maritime boundaries) and examine future Canadian and international policy directions. They are both analytical and prophetic, providing an assessment of the past and presenting a glimpse of the future. Canadian Oceans Policy provides insights into how Canada is managing the oceans and ocean resources off its coast and looks at the problems that lie ahead. The book also makes a major contribution to our understanding of an increasingly vital area of global politics. It will be of interest both to academics and policymakers and to all those concerned with the future of the oceans.

A Handbook on the New Law of the Sea, Volume 2

A Handbook on the New Law of the Sea, Volume 2 PDF Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9004639187
Category : Law
Languages : en
Pages : 881

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 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.

Law of the Sea

Law of the Sea PDF Author: Jill Barrett
Publisher: British Institute for International & Comparative Law
ISBN: 9781905221523
Category : Law of the sea
Languages : en
Pages : 0

Book Description
"The British Institute of International and Comparative Law (BIICL) organized the 'UNCLOS at 30' conference on 22-23 November 2012 in Belfast, which inspired the launching of this book project. All of the contributing authors spoke at the conference...and most of their chapters have evolved from their presentations"--Page vii.

The Future of the Law of the Sea

The Future of the Law of the Sea PDF Author: Gemma Andreone
Publisher: Springer
ISBN: 3319512749
Category : Law
Languages : en
Pages : 278

Book Description
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea PDF Author: Donald Rothwell
Publisher: Oxford University Press, USA
ISBN: 019871548X
Category : Law
Languages : en
Pages : 1073

Book Description
Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.

The International Law of the Sea

The International Law of the Sea PDF Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1107009995
Category : Law
Languages : en
Pages : 505

Book Description
This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.

Change in the Law of the Sea

Change in the Law of the Sea PDF Author: Rozemarijn J. Roland Holst
Publisher: BRILL
ISBN: 9004508554
Category : Law
Languages : en
Pages : 371

Book Description
This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.

The IMLI Manual on International Maritime Law: The law of the sea

The IMLI Manual on International Maritime Law: The law of the sea PDF Author: David Joseph Attard
Publisher: Oxford University Press, USA
ISBN: 0199683921
Category : Law
Languages : en
Pages : 796

Book Description
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.