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Negotiating the Law of the Sea

Negotiating the Law of the Sea PDF Author: James K. Sebenius
Publisher: Harvard University Press
ISBN: 9780674606869
Category : Business & Economics
Languages : en
Pages : 276

Book Description
The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

Negotiating the Law of the Sea

Negotiating the Law of the Sea PDF Author: James K. Sebenius
Publisher: Harvard University Press
ISBN: 9780674606869
Category : Business & Economics
Languages : en
Pages : 276

Book Description
The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

The Oxford Handbook of United Nations Treaties

The Oxford Handbook of United Nations Treaties PDF Author: Simon Chesterman
Publisher:
ISBN: 0190947845
Category : Law
Languages : en
Pages : 737

Book Description
This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea PDF Author: Tomas Heidar
Publisher: BRILL
ISBN: 9004437754
Category : Law
Languages : en
Pages : 498

Book Description
New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

Building a New Legal Order for the Oceans

Building a New Legal Order for the Oceans PDF Author: Tommy Koh
Publisher: National University of Singapore Press
ISBN: 9789813250895
Category : Law of the sea
Languages : en
Pages : 0

Book Description
"The UNCLOS has been called a constitution for the oceans and is critically important today in a world rocked by climate change and biodiversity loss, and where deep seabed resources are potentially of vital strategic importance. It is absolutely crucial to find new ways to manage the common heritage of mankind, while navigating the priorities and expectations of those who depend on the oceans. Equally, peace at sea is made possible by the UNCLOS. Koh discusses current threats to maritime security. He explains the intricacies of the disputes in the South China Sea and the success of maritime boundary conciliation between Australia and Timor-Leste. What can be learned from the success of UNCLOS? How can we build on that success, and manage the new tensions that arise in the Law of the Sea?"--Page 4 de la couverture.

The National Interest and the Law of the Sea

The National Interest and the Law of the Sea PDF Author: Scott Gerald Borgerson
Publisher: Council on Foreign Relations
ISBN: 0876094310
Category : History
Languages : en
Pages : 82

Book Description
"May 2009."--T.p.

Marine Biodiversity of Areas Beyond National Jurisdiction

Marine Biodiversity of Areas Beyond National Jurisdiction PDF Author: Myron H. Nordquist
Publisher: Center for Oceans Law and Poli
ISBN: 9789004422414
Category : Law
Languages : en
Pages : 349

Book Description
"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--

UNCLOS and Ocean Dispute Settlement

UNCLOS and Ocean Dispute Settlement PDF Author: Nong Hong
Publisher: Routledge
ISBN: 0415505275
Category : Law
Languages : en
Pages : 282

Book Description
This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.

Saving the Oceans Through Law

Saving the Oceans Through Law PDF Author: James Harrison
Publisher: Oxford University Press
ISBN: 0198707320
Category : Law
Languages : en
Pages : 353

Book Description
The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

Baselines under the International Law of the Sea

Baselines under the International Law of the Sea PDF Author: Coalter G. Lathrop
Publisher: BRILL
ISBN: 9004398147
Category : Law
Languages : en
Pages : 185

Book Description
Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.

Modern Law of the Sea

Modern Law of the Sea PDF Author: David Anderson
Publisher: Martinus Nijhoff Publishers
ISBN: 900415891X
Category : Law
Languages : en
Pages : 646

Book Description
These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea. Davis Anderson is a former legal adviser to the Foreign and Commonwealth Office (1960-1996) and judge of the International Tribunal for the Law of the Sea (1996-2005).