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Italian legislation on the law of the sea

Author: Italy
Publisher:
ISBN:
Category : Law of the sea
Languages : en
Pages : 352

Book Description

Italy and the Law of the Sea Newsletter

Author: Tullio Treves
Publisher:
ISBN:
Category : Maritime law
Languages : en
Pages : 34

Book Description

The Maritime Codes of Italy

Author: Italy
Publisher:
ISBN:
Category : Maritime law
Languages : en
Pages : 316

Book Description

The Law of the Sea

Author: Laura Pineschi
Publisher: BRILL
ISBN: 9004481699
Category : Law
Languages : en
Pages : 616

Book Description
The United Nations Convention on the Law of the Sea of 10 December 1982 entered into force on 16 November 1994. Since this date a single binding instrument has regulated the rights and duties of States at sea and regarding the sea. New concepts, such as the exclusive economic zone, archipelagic waters, transit passage through straits, and the International Seabed Area, are now fully recognized. The fifteen member States of the European Union are a significant sample for analyzing the practice of States, or at least that of the Western industrialized States, as regards the law of the sea. They include major and small maritime powers, coastal and land-locked States, States with coasts on the Atlantic Ocean and States with coasts on semi-enclosed seas such as the Baltic and the Mediterranean, States with and without involvement in deep seabed mining and States with different interests as regards fisheries. The fact that they all belong to the European Union is a very important common feature, which amply justifies the choice made to study them together. The book's aim is to give, through essays prepared by well-known specialists, a detailed survey of the attitudes and practice concerning the law of the sea of the member States of the European Union and of the European Community as such. The common positions of the member States and the results of their coordinated action also emerge from these essays. The fact that the member States and the European Community are now actively engaged in the process of becoming parties to the Law of the Sea Convention is certainly a major contribution to the consolidation of the Convention as a universal instrument, or at least as an instrument widely ratified by States of all continents and economic and political interests.

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

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.

Global Challenges and the Law of the Sea

Author: Marta Chantal Ribeiro
Publisher: Springer Nature
ISBN: 3030426718
Category : Law
Languages : en
Pages : 473

Book Description
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

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

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.