United Nations Convention on the Law of the Sea, 1982

A Commentary

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Author: Myron H. Nordquist

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792324713

Category: Law

Page: 1

View: 3178

These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.

Cases and Materials on the Law of the Sea, Second Edition

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Author: Louis B. Sohn †,John Noyes,Erik Franckx,Kristen Juras

Publisher: Martinus Nijhoff Publishers

ISBN: 9004203567

Category: Law

Page: 1068

View: 8765

This second edition of Cases and Materials on the Law of the Sea compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics.

The International Law of the Sea

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Author: Donald R. Rothwell,Tim Stephens

Publisher: Bloomsbury Publishing

ISBN: 1782256857

Category: Law

Page: 528

View: 2083

The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a contemporary explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention. The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, and the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification.

The Law of the Sea

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Author: Robin Rolf Churchill,Alan Vaughan Lowe

Publisher: Juris Publishing, Inc.

ISBN: 1578230292

Category: Law

Page: 494

View: 4981

The Law of the Sea quickly established itself as the standard work on the subject: authoritative, balanced and readable.This new 3rd edition has been completely revised and updated to cover the many developments that have occurred since publication of the second edition in 1988, among the most notable of which is the entry into force in 1994 of the UN Convention on the Law of the Sea. Written so as to be intelligible to all concerned with maritime affairs, the book has proved particularly valuable to international lawyers and those taking specialist courses in the law of the sea and maritime studies.The aim of the third edition of this book remains broadly the same as that of the first two editions, namely to provide an introduction to the law of the sea, surveying not only the 1982 United Nations Convention on the Law of the Sea but also the customary and conventional law which supplements it. Since the previous edition of this book was published in 1988, much has happened in the law of the sea. Most notably, the 1982 Convention has entered into force and is now widely ratified. In addition a number of important multilateral treaties have been concluded (including the two Agreements of 1994 and 1995 relating to the implementation of the Convention), there have been several judgments by international courts and tribunals, and there has been a vast amount of bilateral treaty-making, national legislation and other forms of State practice. This new edition has been completely revised and extensively rewritten, although the basic structure of the book remains unchanged. Scope Of The Book: This book is concerned with the public international law of the sea - that is to say, with the rules and principles that bind States in their international relations concerning maritime matters. Accordingly, it does not discuss, except incidentally, the rules of private maritime law, which concern such matters as marine insurance, carriage of goods by sea and maritime liens; nor does it provide a survey of the municipal law of the United Kingdom, or of any other country, relating to the law of the sea. Furthermore, it is concerned with the laws of peace and not with the matters that have traditionally been considered under the heading of the laws of war, and consequently topics such as maritime neutrality and prize law fall beyond its scope. Nonetheless, this leaves a considerable body of law within the purview of the book.The treatment of the subject falls into two broad divisions. First, we take each of the major maritime zones recognized in contemporary international law, and explain the rules presently applicable to that zone against the background of the main stages of the historical development of those rules. Increasingly, however, the law of the sea is being developed along functional, rather than zonal, lines. For example, whereas the 1958 United Nations Conference on the Law of the Sea concentrated mainly on producing a framework of rules governing States'' rights and duties in the territorial sea, continental shelf and high seas, many of the more recent international agreements have been concerned not with particular zones but with particular uses of the seas, such as pollution, fishing (which was in fact also the subject of one of the conventions produced by the 1958 conference) and navigation. We have, therefore, thought it necessary, in order to bring together the many rules of international law relating to the various uses of the seas, to provide separate surveys of each of the main activities carried out in the seas. These functional surveys appear in the later chapters of the book.Although the international law of the sea is in principle limited in its application to States and other entities having international personality, it has immediate significance for individuals. Thus, for instance, individuals may be arrested in coastal waters on charges of illegal fishing, or find that their ships are deniedAbout The Authors: R. R. Churchill is Reader in Law at the University of Wales, Cardiff. V. Lowe is Reader in International Law at the University of Cambridge and a Fellow of Corpus Christi College.

Africa and the Development of International Law

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Author: Taslim Olawale Elias,Richard Akinjide

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024737963

Category: Law

Page: 297

View: 3613

In Africa. The new states and the United Nations. Modern.

Cries of the Sea

World Inequality, Sustainable Development and the Common Heritage of Humanity

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Author: Peter B. Payoyo

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041105042

Category: Law

Page: 547

View: 3561

A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources 'the common heritage of mankind'. The author suggests that the terms 'common', 'heritage', and 'humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of 'the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.

A handbook on the new law of the sea. 1 (1991)

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Author: René Jean Dupuy,Daniel Vignes

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792309246

Category: Law

Page: 1

View: 4401

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 regime 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 regime governing underwater archaeological and historical objects.

Bibliography on Land-locked States, Economic Development and International Law

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Author: Martin Ira Glassner

Publisher: M.E. Sharpe

ISBN: 9780765606754

Category: Law

Page: 300

View: 2639

Now fully revised and expanded, this is the only available bibliography on the subject of "land-lockedness" and its effects on economic development. Reflecting its expanded title, this new edition includes not only updated information on the plight of land-locked countries, but also their current levels of economic development and their role in international law, such as the International Law of the Sea, Kyoto Protocol on Greenhouse Gas Emissions, and international pipeline agreements. The volume lists thousands of primary and secondary source materials for research, including books, monographs, journals, governmental reports, NGO publications, and unpublished materials. The book is truly international in scope, with listings in 29 languages.

International Organizations and the Law of the Sea

Documentary Yearbook. Vol. 1 (1985)-

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Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041104359

Category: Law

Page: 1

View: 9645

On 16 November 1994, the 1992 U.N. Law of the Sea Convention took effect. Progress is now evident in the implementation of Chapter 17 of Agenda 21, as reviewed by the 1997 UNGA Special Session. These developments and the establishment of the International Seabed Authority (ISBA) and the International Tribunal for the Law of the Sea (ITLOS) make the continuation of the NILOS Documentary Yearbook, now in its 11th year, of particular significance in the years to come. The Yearbook compiles the documents related to ocean affairs and the law of the sea issued each year by organizations, organs, and bodies of the United Nations system. These include documents of the U.N. General Assembly, ECOSOC and its regional Commissions, the U.N. Secretary-General's Informal Consultations, PrepCom ISA/ITLOS, UNCED, UNEP and UNCTAD; followed by the documents of specialized agencies and other autonomous organizations of the U.N. system, including FAO, IAEA, ILO, IMO, UNESCO/IOC and WMO. The Yearbook reproduces in full documents issued in the course of the most recent year and lists other relevant documents. The NILOS Documentary Yearbook has proved of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation.

Bibliography on Land-locked States

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Author: Martin Ira Glassner

Publisher: BRILL

ISBN: 9789024732616

Category: Law

Page: 210

View: 6704

Text no.1. The problems of access to the sea & to the resources of the sea by land-locked states, particularly those in Africa, Asia & South America, have become more serious in recent years, & the need for a comprehensive accurate & up-to-date bibliography on the subject has never been greater. This is the only one existent. Besides being expanded & updated, this third edition has the following new features: a new section of resolutions of Intergovernmental organizations other than the United States, a list of abbreviations that appear in the entries, a third index, a more detailed subject index, entries in Chinese & Nepali (making a total of 19 languages), & a variety of more readable typefaces. It should be valuable to students & scholars in geography, international relations, transportation, economic development, international law, diplomatic history, etc., & to diplomats, officials of governments & intergovernmental organizations, consultants & other practitioners. Text no.2 This third revised & expanded edition of a bibliography first published in 1979 lists materials in nineteen languages. New features of the third revised & enlarged edition are: a new section of resolutions of inter-governmental organizations other than the United Nations, a list of abbreviations that appear in the entries, & a third index. The new author index now includes editors of collections & corporate authors, such as consulting firms. This bibliography is of great value to anyone interested in public international law, political geography, economic development, transportation, international relations, the Law of the Sea, diplomacy & related fields.

Excessive Maritime Claims

Third Edition

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Author: J. Ashley Roach,Robert W. Smith

Publisher: Martinus Nijhoff Publishers

ISBN: 900421772X

Category: Law

Page: 1000

View: 6031

Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. Coverage includes current affairs in maritime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement, maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage.

The Protection of the Underwater Cultural Heritage

Before and After the 2001 UNESCO Convention

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Author: Roberta Garabello,Tullio Scovazzi

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041122032

Category: Law

Page: 292

View: 9442

The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).

The IMLI Manual on International Maritime Law

Volume I: The Law of the Sea

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Author: David Attard,Malgosia Fitzmaurice,Norman A. Martinez Gutierrez

Publisher: OUP Oxford

ISBN: 0191509949

Category: Law

Page: 640

View: 3338

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.

The Stockholm Declaration and Law of the Marine Environment

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Author: Myron H. Nordquist,John Norton Moore,Said Mahmoudi

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041199409

Category: Law

Page: 464

View: 2967

This collection of essays commemorates the Thirtieth Anniversary of the 1972 Stockholm Declaration on the Human Environment. The opening presentation is by the distinguished former Foreign Minister of Sweden, Dr. Hans Blix, a primary author of the Stockholm Declaration. A second keynote abstract is by Professor Bjorn Lomborg, the renowned author of The Skeptical Environmentalist. The third keynote essay is by the United Nations Under Secretary-General of Legal Affairs, Hans Correl. The remainder of the volume includes contributions by six judges from the International Tribunal for the Law of the Sea, the Secretary-General of the International Seabed Authority, senior representatives from the Food and Agriculture Organization, International Maritime Organization, World Bank, Swedish Foreign Ministry and United States Department of State along with 25 professors and environmental law experts from 15 countries. The collection provides a comprehensive, in-depth review of the historic achievement as well as current relevance of the 1972 Stockholm Declaration as a landmark achievement in international environmental law.

International Environmental Law and Policy for the 21st Century

2nd Revised Edition

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Author: Ved Nanda,George (Rock) Pring

Publisher: Martinus Nijhoff Publishers

ISBN: 9004250239

Category: Law

Page: 684

View: 9003

International Environmental Law & Policy for the 21st Century, 2nd Revised Edition, provides a fresh, comprehensive, and in-depth analysis of the immense and challenging field of IEL, perfect for the needs of students, scholars, professionals, NGOs, and lay readers alike.

Implementing the Environmental Protection Regime for the Antarctic

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Author: D. Vidas

Publisher: Springer Science & Business Media

ISBN: 9780792366096

Category: Law

Page: 446

View: 974

When the Protocol on Environmental Protection to the Antarctic Treaty entered into force on 14 January 1998, a new phase commenced for the Antarctic Treaty System. The parties to the Protocol are today confronting issues related to the implementation of a complex international environmental protection regime, both in international and domestic contexts. Several crucial implementation questions need to be solved in order to enhance and make possible the implementation of the Protocol. What would be the consequences for the parties of a possible failure in resolving the pending implementation issues, on what premises can the solutions be based, and what, then, are the options available? This book provides a systematic overview of the implementation issues in sections on jurisdiction, control and enforcement in the Antarctic (Part I), institutional support to the implementation of the Protocol (Part II), normative support to the implementation of the Protocol: an Antarctic liability regime (Part III), relationship with other international instruments and arrangements (Part IV), and, through a series of selected case-studies, issues involved in domestic implementation of the Protocol (Part V). This is a book that will appeal to Antarctic specialists and to all those interested in environmental law and policy.