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Author: Ana G. López Martín Publisher: Springer Science & Business Media ISBN: 3642129064 Category : Law Languages : en Pages : 239
Book Description
The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.
Author: Ana G. López Martín Publisher: Springer Science & Business Media ISBN: 3642129064 Category : Law Languages : en Pages : 239
Book Description
The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.
Author: David D. Caron Publisher: Martinus Nijhoff Publishers ISBN: 9004266372 Category : Law Languages : en Pages : 378
Book Description
The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.
Author: J. Ashley Roach Publisher: Martinus Nijhoff Publishers ISBN: 9004217738 Category : Law Languages : en Pages : 998
Book Description
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Author: Hugo Caminos Publisher: Cambridge University Press ISBN: 1316060608 Category : Law Languages : en Pages : 531
Book Description
The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.
Author: Aldo Chircop Publisher: BRILL ISBN: 9047426142 Category : Law Languages : en Pages : 800
Book Description
One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston
Author: Alexander Lott Publisher: BRILL ISBN: 9004365044 Category : Law Languages : en Pages : 322
Book Description
In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).
Author: Pirjo Kleemola-Juntunen Publisher: BRILL ISBN: 9004364188 Category : Law Languages : en Pages : 183
Book Description
Based on author's thesis (doctoral - University of Lapland, 2014) issued under title: Passage rights in international law: a case study of the territorial waters of the êAland Islands.
Author: R. Douglas Brubaker Publisher: BRILL ISBN: 9047406729 Category : Law Languages : en Pages : 291
Book Description
The issues surrounding the regimes of ice-covered areas, international straits, and passage rights of State vessels are analysed for the purpose of assessing the status of law and State practice in Russian Arctic waters.
Author: Ronald P. Bobroff Publisher: Bloomsbury Publishing ISBN: 1350175404 Category : History Languages : en Pages : 265
Book Description
Until now, it has been accepted that the Turkish Straits - the Russian fleet's gateway to the Mediterranean - were a key factor in shaping Russian policy in the years leading to World War I. Control of the Straits had always been accepted as the major priority of Imperial Russia's foreign policy. In this powerfully argued revisionist history, Ronald Bobroff exposes the true Russian concern before the outbreak of war: the containment of German aggression. Based on extensive new research, Bobroff provides fascinating new insights into Russia's state development before the revolution, examining the policies and personal correspondence of its policy makers. And through his detailed examination of the rivalries and alliances of the Triple Entente, he sheds new light on European diplomacy at the beginning of the twentieth century.
Author: Ana G. López Martín
Author: Ana G. López Martín
Author: David D. Caron
Author: J. Ashley Roach
Author: Hugo Caminos
Author: Aldo Chircop
Author: Alexander Lott
Author: Pirjo Kleemola-Juntunen
Author: R. Douglas Brubaker
Author: Erik Brüel
Author: Ronald P. Bobroff