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Author: Robert L. Friedheim Publisher: Univ of South Carolina Press ISBN: 9780872498389 Category : Law Languages : en Pages : 442
Book Description
The task of the United Nations Conference on the Law of the Sea (1967-82) was to create a new ocean regime. Participants negotiated every major issue of ocean use: jurisdiction in the coastal and contiguous zones, the territorial sea, and the new two-hundred-mile exclusive economic zone (EEZ); transit and overflight through straits and archipelagos; fisheries management in the EEZs and high seas; ocean environmental obligations; the right to conduct ocean science; and the management of deep seabed mineral exploitation. Negotiating the treaty required more than fifteen years and the consent of more than one hundred and fifty nations. The resulting treaty, composed of three hundred and twenty articles plus seven major annexes, represents the final product of the largest, longest, and most complex formal negotiation in modern times. Negotiating the New Ocean Regime analyzes both the substance of the problems at hand - what should be done about the oceans - and the process of the bargaining and negotiating. With law and history as a background, Robert Friedheim uses regime theory and resource economics to analyze ocean problems and bargaining/cooperation theory of negotiation. To evaluate the treaty through the eyes of the stakeholders, the author employs a multi-attribute utility model. Finally, he assesses the bargaining system - parliamentary diplomacy with consensus as the decisive rule - for its usefulness, limitations, and applicability to other current global problems.
Author: Robert L. Friedheim Publisher: Univ of South Carolina Press ISBN: 9780872498389 Category : Law Languages : en Pages : 442
Book Description
The task of the United Nations Conference on the Law of the Sea (1967-82) was to create a new ocean regime. Participants negotiated every major issue of ocean use: jurisdiction in the coastal and contiguous zones, the territorial sea, and the new two-hundred-mile exclusive economic zone (EEZ); transit and overflight through straits and archipelagos; fisheries management in the EEZs and high seas; ocean environmental obligations; the right to conduct ocean science; and the management of deep seabed mineral exploitation. Negotiating the treaty required more than fifteen years and the consent of more than one hundred and fifty nations. The resulting treaty, composed of three hundred and twenty articles plus seven major annexes, represents the final product of the largest, longest, and most complex formal negotiation in modern times. Negotiating the New Ocean Regime analyzes both the substance of the problems at hand - what should be done about the oceans - and the process of the bargaining and negotiating. With law and history as a background, Robert Friedheim uses regime theory and resource economics to analyze ocean problems and bargaining/cooperation theory of negotiation. To evaluate the treaty through the eyes of the stakeholders, the author employs a multi-attribute utility model. Finally, he assesses the bargaining system - parliamentary diplomacy with consensus as the decisive rule - for its usefulness, limitations, and applicability to other current global problems.
Author: Robert L. Friedheim Publisher: Routledge ISBN: 0429725655 Category : Political Science Languages : en Pages : 419
Book Description
The regime under which humankind has governed its uses of the ocean is in the process of change—shifting away from the traditional freedom of the seas toward a “mixed†system in which most of the valuable near-shore resources come under coastal jurisdiction. The transition to a new regime has been difficult for many states, most notably Japan, whose rights to use the entire ocean were well protected by the traditional regime. Japan’s response to the need to develop a modern ocean policy— to adapt to the emerging ocean management regime—is the subject of this multiauthor volume. U.S. and Japanese scholars look at what Japan is doing, how, and with what results. They first assess general trends in ocean management, then examine the role of Japan in the international political economy of the oceans, and finally look at Japan’s ocean policy in various sectors: shipbuilding, fisheries, mineral resources, offshore petroleum, and nuclear power generation. Given Japan’s importance in ocean affairs, the authors point out that the lessons that can be learned from its experience are of prime international importance.
Author: David D. Caron Publisher: BRILL ISBN: 904740629X Category : Law Languages : en Pages : 513
Book Description
In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges.
Author: United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Arms Control, Oceans, International Operations, and Environment Publisher: ISBN: Category : Ocean mining Languages : en Pages : 310
Author: Amos Lakos Publisher: Routledge ISBN: 0429722052 Category : Political Science Languages : en Pages : 542
Book Description
The international system comprises a plurality of sovereign states often pursuing conflicting interests. One means of resolving or managing conflicts between those states is diplomatic bargaining or negotiation. In the last fifteen years, the study of negotiation has attracted researchers from various disciplines in the social sciences, and the vol
Author: Anthony C. Arend Publisher: Oxford University Press, USA ISBN: 9780195127119 Category : Business & Economics Languages : en Pages : 228
Book Description
With this volume, Arend contends that international law and international legal institutions are an important element of international relations.
Author: Harry N. Scheiber Publisher: BRILL ISBN: 9004343148 Category : Law Languages : en Pages : 590
Book Description
The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.
Author: José A. Yturriaga Publisher: BRILL ISBN: 9004479376 Category : Law Languages : en Pages : 344
Book Description
Until recently, the international community failed to adopt either an agreed limit for the breadth of the territorial sea or a satisfactory regime of fisheries in the waters adjacent to the territorial sea. This provoked an eruption of unilateral acts by which coastal states extended their jurisdiction towards the high seas. The Third U.N. Conference on the Law of the Sea accepted the establishment of a 12-mile territorial sea and a 200-mile exclusive economic zone. While taking into account the non-existent rights and interests of the so-called geographically disadvantaged states and of states with broad continental shelves, the 1982 Convention on the Law of the Sea practically ignored existing rights and interests of habitual fishing states. It maintained the well-established principle of freedom of fishing on the high seas but with specific conditions. Dissatisfied with the Convention's regulation of fishing on the high seas, a few states elected to hold a U.N. Conference on Straddling and Highly Migratory Fish Stocks which adopted the 1995 Agreement for the implementation of the provisions of the Convention relating to the conservation and management of such stocks. Similarly, some of these states, like Chile, Argentina, and Canada, adopted legislation extending their jurisdiction beyond their respective 200-mile fishing or exclusive economic zones. This book explores these events in the historical development of the international regulations of fisheries and concludes with a look into recent developments in the area.
Author: George V. Galdorisi Publisher: Bloomsbury Publishing USA ISBN: 0313370125 Category : Law Languages : en Pages : 246
Book Description
The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.
Author: Robert L. Friedheim
Author: Robert L. Friedheim
Author: Robert L. Friedheim
Author: David D. Caron
Author: United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Arms Control, Oceans, International Operations, and Environment
Author: Amos Lakos
Author: Anthony C. Arend
Author: Robert Friedheim
Author: Harry N. Scheiber
Author: José A. Yturriaga
Author: George V. Galdorisi