Publications on Ocean Development – serie

Visar alla böcker i serien Publications on Ocean Development. Handla med fri frakt och snabb leverans.

38 produkter

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38 produkter

Del 40 - Publications on Ocean Development
Maritime Delimitation and Interim Arrangements in North East Asia
AvSun Pyo Kim
Inbunden, Engelska, 2004
2 044 kr
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This work will be a useful guide for those who look for rules and practice on the relations between neighboring States in the absence of maritime boundaries. The main question the author is trying to tackle is how to handle the relations between neighboring coastal States when there is no maritime boundary in place. This book attempts to clarify the legal issues of exploitation of oil, gas and fisheries resources, and jurisdictional conflicts with regard to marine scientific research and protection of the marine environment in disputed areas. This book shows numerous instances of provisional arrangements in disputed areas around the globe together with as many as forty-five valuable maps. The author, a scholar and diplomat of Korea, gives an up-to-date and in-depth analysis of the complicated legal issues of maritime delimitation and provisional arrangements in North East Asia. The English texts of the provisional arrangements in the region annexed to the book are also valuable materials.
Del 48 - Publications on Ocean Development
China's Marine Legal System and the Law of the Sea
AvKeyuan Zou
Inbunden, Engelska, 2005
2 865 kr
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Being one of the largest coastal States in the world, China’s marine legal system is significant in the overall development of the international law of the sea. This book focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996. It consists of five parts concerning, respectively, a general survey of China’s marine legal system, navigation and maritime security, marine resources management, marine environmental protection and marine scientific research. China’s basic marine laws and regulations are discussed and assessed in detail throughout the book. The book is of interest to lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in international law, international relations and ocean affairs.
Del 54 - Publications on Ocean Development
Unresolved Issues and New Challenges to the Law of the Sea
Time Before and Time After
AvAnastasia Strati,Maria Gavounelim. fl.
Inbunden, Engelska, 2006
3 246 kr
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This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.
Del 55 - Publications on Ocean Development
Protection of the Underwater Cultural Heritage
National Perspectives in Light of the UNESCO Convention 2001 - Second Edition
AvSarah Dromgoole
Inbunden, Engelska, 2006
3 428 kr
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The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities 'directed at' them, such as treasure hunting, and by activities 'incidentally affecting' them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. While the prospects for this Convention remain uncertain, it will undoubtedly have a profound influence on national laws and practice in this field. This second collection of essays examines the present state of law, policy and practice in sixteen different jurisdictions around the world in light of the 2001 Convention.Among other things, the viewpoint of each jurisdiction in respect of the Convention is considered and the impact that the Convention is already having, and is likely to have in the future, is explored. Eight of the essays are entirely new, and several new jurisdictions are covered (Finland, the Federated States of Micronesia, the Netherlands, New Zealand, and Norway). The other essays have been thoroughly updated and revised to take account of the Convention. The contributors come from a variety of backgrounds, but all have specialist knowledge and experience of their particular jurisdiction and a keen interest in the field.
Del 56 - Publications on Ocean Development
International Law and the Genetic Resources of the Deep Sea
AvDavid Kenneth Leary
Inbunden, Engelska, 2006
3 246 kr
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Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. Focusing on the ecosystems associated with deep-sea hydrothermal vents in areas beyond national jurisdiction this book examines a range of emerging activities in the deep sea including bioprospecting, marine scientific research, mining and tourism and considers the effectiveness of existing international law and governance mechanisms to sustainably manage these activities.It includes a detailed examination of the nature and extent of bioprospecting in the deep sea and its relationship with other activities such as marine scientific research. The book sets out in detail suggestions for how international law and policy regimes could respond to these challenges. As the first detailed study on this issue it will be useful reference for academics, diplomats, economists, scientists and policy makers alike.
Del 58 - Publications on Ocean Development
European Community and Marine Environmental Protection in the International Law of the Sea
Implementing Global Obligations at the Regional Level
AvVeronica Frank
Inbunden, Engelska, 2007
3 909 kr
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The European Community and its member states have shared competences in marine environmental matters. As a consequence, they have jointly acceded to the United Nations Convention on the Law of the Sea (LOSC) and most marine-related international agreements, which have been concluded in form of “mixed agreements”. This book looks at the manner in which the Community implements its international obligations in the specific fields of the prevention of oil pollution from ships, the regulation of ocean dumping and the protection of marine habitats through the establishment of Marine Protected Areas (MPAs), especially looking at the division of competence with the member states and the conformity of the Community’s regulatory action with the jurisdictional framework established by the LOSC. By examining the subject from both a law of the sea and EC law perspectives, the books offers a comprehensive and interesting picture of the action taken by the Community to preserve the European marine environment.
Del 59 - Publications on Ocean Development
Modern Law of the Sea
Selected Essays
AvDavid Anderson
Inbunden, Engelska, 2007
4 742 kr
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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.
Del 62 - Publications on Ocean Development
Functional Jurisdiction in the Law of the Sea
AvMaria Gavouneli
Inbunden, Engelska, 2007
2 935 kr
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The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
Del 60 - Publications on Ocean Development
Marine Conservation Agreements
The Law and Policy of Reservations and Vetoes
AvHoward Schiffman
Inbunden, Engelska, 2007
2 677 kr
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The decline of many living marine resources requires us to carefully examine the existing framework for ocean governance. The ability of states to opt out of, or even veto, measures adopted by marine conservation and management organizations is often discussed as a factor contributing to the present decline. This book examines the extent to which objection procedures, specific reservation provisions and vetoes (termed collectively as “exemptive provisions”) have been utilized in the history of key marine conservation and management regimes and the impact they have had. Drawing upon classic treaty law, the law of reservations in particular, the law of the sea and the developing field of international environmental law, this book explores the evolving legal landscape that informs, and potentially limits, the use of exemptive provisions in marine conservation and management regimes.
Del 63 - Publications on Ocean Development
International Law on Ballast Water
Preventing Biopollution
AvMaria Helena Fonseca de Souza Rolim
Inbunden, Engelska, 2008
2 935 kr
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"The introduction of invasive marine species into new environments, whether by ships’ ballast water, attached to ships’ hulls or via other means has been identified as one of the four main threats to the world’s oceans, along with land-based sources of marine pollution, over-exploitation of living marine resources and the physical alteration or destruction of marine habitat.Increased trade and the consequent greater volumes of maritime traffic over the last few decades have served to fuel the problem. The effects in many areas of the world have been serious and significant. Quantitative data show that the rate of bio-invasions is continuing to increase, in some cases exponentially, and new areas are being found to be invaded all the time. As volumes of seaborne trade continue overall to increase, the problem may not yet have reached its peak.In response, IMO first adopted Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges in 1991; while the United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro in 1992, recognized the issue as a major international concern. The IMO Guidelines have since been kept constantly under review and updated. Subsequently, in February 2004, the International Convention for the Control and Management of Ships’ Ballast Water and Sediments was adopted. In providing a broad overview of the legal aspects related to marine pollution caused by ballast water and tank sediments, this book offers a pragmatic analysis of the current international legal system, and includes principles of international customary law and also references to a comprehensive environmental treaty law framework which relates the Ballast Water Convention to other treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), MARPOL and the Convention on Biological Diversity. With such a wide-ranging approach, this book will certainly provide a source of valuable information for all those with a requirement to pursue the subject in depth."From the Foreword by Efthimios E. Mitropoulos
Del 65 - Publications on Ocean Development
Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
AvJon M. van Dyke
Inbunden, Engelska, 2009
2 630 kr
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A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Del 66 - Publications on Ocean Development
Migrant Smuggling by Sea
Combating a Current Threat to Maritime Security through the Creation of a Cooperative Framework
AvPatricia Mallia
Inbunden, Engelska, 2009
2 513 kr
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A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.
Del 68 - Publications on Ocean Development
Selected Contemporary Issues in the Law of the Sea
AvClive R. Symmons
Inbunden, Engelska, 2011
2 619 kr
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Drawing on papers presented at Trinity College, Dublin, in 2010, Selected Contemporary Issues in the Law of the Sea provides a cohesive discussion on various challenges involved with the law of the sea. International experts cover topics such as straight baselines, high seas/EEZ jurisdiction, the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas. In addition, Selected Contemporary Issues in the Law of the Sea delves into topics seemingly neglected in contemporary literature. The permissible use of artificial constructions as basepoints is discussed, for example, as are human rights issues involved in boarding non-flag ships; and in the context of piracy, issues such as the Japanese and NGO (Greenpeace) attitudes to current interventions (so-called ‘eco-piracy’) by NGO ships to prevent Japanese whaling activities in Antarctic waters.
Del 67 - Publications on Ocean Development
Dokdo
Historical Appraisal and International Justice
AvSeokwoo Lee,Hee Eun Lee
Inbunden, Engelska, 2011
2 572 kr
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Dokdo: Historical Appraisal and International Justice concerns a highly contentious territorial dispute between Korea and Japan that threatens the security of Northeast Asia. Dokdo, the rocky islet in the East Sea (Sea of Japan), is currently disputed between Korea and Japan. The various issues surrounding Dokdo are complex and multilayered, and thus require an interdisciplinary approach. The determination of Dokdo’s ownership is, however, not the sole purpose of this book. Beyond the question of Dokdo’s ownership, this volume provides a broad framework for understanding the territorial disputes that bedevil the East Asian region. Readers will find balanced perspectives on this important issue in Northeast Asia utilizing international law, international relations, and history from highly qualified experts and scholars.
Del 74 - Publications on Ocean Development
Dependent Archipelagos in the Law of the Sea
AvSophia Kopela
Inbunden, Engelska, 2013
2 771 kr
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Dependent Archipelagos in the Law of the Sea examines the archipelagic concept in international law of the sea with respect to dependent archipelagos, both coastal and outlying. The monograph offers a thorough examination of the regime of straight baselines, and the implications arising from their application to archipelagos. It further analyses the practice of States with regard to the delimitation of the maritime zones of archipelagos, and assesses its value both as an element contributing to the interpretation of the Law of the Sea Convention - especially related to the application of article 7 - and as a factor leading to new developments in international law with an emphasis on customary law.
Del 70 - Publications on Ocean Development
Market Denial and International Fisheries Regulation
The Targeted and Effective Use of Trade Measures Against the Flag of Convenience Fishing Industry
AvDarren S. Calley
Inbunden, Engelska, 2011
2 266 kr
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Flag of convenience fishing seriously undermines efforts to protect the marine environment. To counter this threat, Market Denial and International Fisheries Regulation rests on the logic of the most basic tenet of economics: if no market exists for a product then producers will cease to produce. Denying market access to the flag of convenience fishing fleet should significantly reduce instances of illegal, unreported and unregulated (IUU) fishing. In areas beyond national jurisdiction not only is market denial the most effective means of undermining the IUU fleet, it is, for most practical purposes, the only way to do so. To what extent, however, do the laws of the sea and international trade allow groups of States to close their markets to non-compliant fishing vessels?
Del 69 - Publications on Ocean Development
Mexico and the Law of the Sea
Contributions and Compromises
AvJorge A. Vargas
Inbunden, Engelska, 2011
3 346 kr
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Mexico and the Law of the Sea: Contributions and Compromises examines Mexico’s legal work at the Third UN Conference on the Law of the Sea. The volume focuses on Mexico's involvement at the regional Latin American meetings of Montevideo, Lima and Santo Domingo, in addition to its current domestic legislation—the Federal Oceans Act of 1986, in particular. Readers will find an analysis of the legal regime Mexico applies to marine scientific research by foreign vessels, and the constitutional problems caused by the lack of a clear allocation of jurisdiction over islands. Mexico and the Law of the Sea: Contributions and Compromises emphasizes the maritime delimitation treaties Mexico entered into with the United States, Cuba, Honduras, Guatemala and Belize, and also includes an extensive Latin American bibliography on the law of the sea.
Del 72 - Publications on Ocean Development
Dispute Resolution in the Law of the Sea
AvIgor V. Karaman
Inbunden, Engelska, 2012
2 971 kr
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The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.
Del 73 - Publications on Ocean Development
Excessive Maritime Claims
Third Edition
AvJ. Ashley Roach,Robert W. Smith
Inbunden, Engelska, 2012
5 212 kr
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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. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Del 75 - Publications on Ocean Development
Filling Regulatory Gaps in High Seas Fisheries
Discrete High Seas Fish Stocks, Deep-sea Fisheries and Vulnerable Marine Ecosystems
AvYoshinobu Takei
Inbunden, Engelska, 2013
2 278 kr
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In Filling Regulatory Gaps in High Seas Fisheries, author Yoshinobu Takei investigates the regime of high seas fisheries from the perspective of international law and considers whether there are regulatory gaps in high seas fisheries and, if so, how they should be filled. The book focuses on topical issues such as the management of deep-sea fisheries on the high seas and the protection of vulnerable marine ecosystems.In view of the current state of marine fisheries resources, together with ecosystem concerns, swift and effective action is required to improve fisheries management, in particular for high seas fisheries. Takei thoroughly analyzes the current state of affairs and convincingly suggests steps to be taken in the future.
Del 76 - Publications on Ocean Development
Law of the Sea and the Polar Regions
Interactions between Global and Regional Regimes
AvErik J. Molenaar,Alex G. Oude Elferinkm. fl.
Inbunden, Engelska, 2013
3 264 kr
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The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes of the contemporary law of the sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes. The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume critically examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.
Del 77 - Publications on Ocean Development
Commission on the Limits of the Continental Shelf
Law and Legitimacy
AvØystein Jensen
Inbunden, Engelska, 2014
2 536 kr
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As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.
Del 81 - Publications on Ocean Development
Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State
A Right of Involvement for Other States?
AvSigne Veierud Busch
Inbunden, Engelska, 2016
3 205 kr
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In Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?, Signe Veierud Busch undertakes a study of all coastal State submissions to the Commission on the Limits of the Continental Shelf and asks under which circumstances and to what extent States other than the coastal State may intervene in the process of establishing final and binding continental shelf limits.After analysing relevant provisions in the UN Convention on the Law of the Sea and the Commission’s Rules of Procedure compared with the practice of States and the Commission, Busch raises the overall question if the possibility for other States to block the work of the Commission may in fact be undermining the mandate and functions of the Commission.
Del 83 - Publications on Ocean Development
International Seabed Authority and the Precautionary Principle
Balancing Deep Seabed Mineral Mining and Marine Environmental Protection
AvAline L. Jaeckel
Inbunden, Engelska, 2017
2 630 kr
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With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals.This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.
Del 84 - Publications on Ocean Development
Governance of Arctic Shipping
Balancing Rights and Interests of Arctic States and User States
AvRobert C. Beckman,Tore Henriksenm. fl.
Inbunden, Engelska, 2017
2 417 kr
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Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms. This volume analyzes the applicable international regulatory framework with special attention to the roles of the International Maritime Organization and the Arctic Council. The rights, interests, positions and practice of Arctic coastal States are compared with those of user States, with particular emphasis on China, Japan and South Korea. The final chapters analyze cooperative arrangements in Southeast Asia, in order to explore if these could act as models to enhance cooperation among coastal States and user States in the Arctic.
Del 86 - Publications on Ocean Development
High Seas Governance
Gaps and Challenges
AvRobert C. Beckman,Millicent McCreathm. fl.
Inbunden, Engelska, 2018
2 267 kr
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High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.
Del 89 - Publications on Ocean Development
Historic Waters and Historic Rights in the Law of the Sea
A Modern Reappraisal, 2nd Edition
AvClive R. Symmons
Inbunden, Engelska, 2019
3 229 kr
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The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.
Del 99 - Publications on Ocean Development
South China Sea Arbitration
Jurisdiction, Admissibility, Procedure
AvStefan Talmon
Inbunden, Engelska, 2022
2 501 kr
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This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.
Del 90 - Publications on Ocean Development
Law of the Seabed
Access, Uses, and Protection of Seabed Resources
AvCatherine Banet
Inbunden, Engelska, 2020
2 560 kr
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The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds.While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue.The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction.The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.
Del 92 - Publications on Ocean Development
New Knowledge and Changing Circumstances in the Law of the Sea
AvTomas Heidar
Inbunden, Engelska, 2020
3 123 kr
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During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States.New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.

Publications on Ocean Development – serie

Visar alla böcker i serien Publications on Ocean Development. Handla med fri frakt och snabb leverans.

38 produkter

Kategorier

38 produkter

Del 40 - Publications on Ocean Development
Maritime Delimitation and Interim Arrangements in North East Asia
AvSun Pyo Kim
Inbunden, Engelska, 2004
2 044 kr
Skickas inom 5-8 vardagar
This work will be a useful guide for those who look for rules and practice on the relations between neighboring States in the absence of maritime boundaries. The main question the author is trying to tackle is how to handle the relations between neighboring coastal States when there is no maritime boundary in place. This book attempts to clarify the legal issues of exploitation of oil, gas and fisheries resources, and jurisdictional conflicts with regard to marine scientific research and protection of the marine environment in disputed areas. This book shows numerous instances of provisional arrangements in disputed areas around the globe together with as many as forty-five valuable maps. The author, a scholar and diplomat of Korea, gives an up-to-date and in-depth analysis of the complicated legal issues of maritime delimitation and provisional arrangements in North East Asia. The English texts of the provisional arrangements in the region annexed to the book are also valuable materials.
Del 48 - Publications on Ocean Development
China's Marine Legal System and the Law of the Sea
AvKeyuan Zou
Inbunden, Engelska, 2005
2 865 kr
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Being one of the largest coastal States in the world, China’s marine legal system is significant in the overall development of the international law of the sea. This book focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996. It consists of five parts concerning, respectively, a general survey of China’s marine legal system, navigation and maritime security, marine resources management, marine environmental protection and marine scientific research. China’s basic marine laws and regulations are discussed and assessed in detail throughout the book. The book is of interest to lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in international law, international relations and ocean affairs.
Del 54 - Publications on Ocean Development
Unresolved Issues and New Challenges to the Law of the Sea
Time Before and Time After
AvAnastasia Strati,Maria Gavounelim. fl.
Inbunden, Engelska, 2006
3 246 kr
Skickas inom 5-8 vardagar
This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.
Del 55 - Publications on Ocean Development
Protection of the Underwater Cultural Heritage
National Perspectives in Light of the UNESCO Convention 2001 - Second Edition
AvSarah Dromgoole
Inbunden, Engelska, 2006
3 428 kr
Skickas inom 5-8 vardagar
The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities 'directed at' them, such as treasure hunting, and by activities 'incidentally affecting' them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. While the prospects for this Convention remain uncertain, it will undoubtedly have a profound influence on national laws and practice in this field. This second collection of essays examines the present state of law, policy and practice in sixteen different jurisdictions around the world in light of the 2001 Convention.Among other things, the viewpoint of each jurisdiction in respect of the Convention is considered and the impact that the Convention is already having, and is likely to have in the future, is explored. Eight of the essays are entirely new, and several new jurisdictions are covered (Finland, the Federated States of Micronesia, the Netherlands, New Zealand, and Norway). The other essays have been thoroughly updated and revised to take account of the Convention. The contributors come from a variety of backgrounds, but all have specialist knowledge and experience of their particular jurisdiction and a keen interest in the field.
Del 56 - Publications on Ocean Development
International Law and the Genetic Resources of the Deep Sea
AvDavid Kenneth Leary
Inbunden, Engelska, 2006
3 246 kr
Skickas inom 5-8 vardagar
Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. Focusing on the ecosystems associated with deep-sea hydrothermal vents in areas beyond national jurisdiction this book examines a range of emerging activities in the deep sea including bioprospecting, marine scientific research, mining and tourism and considers the effectiveness of existing international law and governance mechanisms to sustainably manage these activities.It includes a detailed examination of the nature and extent of bioprospecting in the deep sea and its relationship with other activities such as marine scientific research. The book sets out in detail suggestions for how international law and policy regimes could respond to these challenges. As the first detailed study on this issue it will be useful reference for academics, diplomats, economists, scientists and policy makers alike.
Del 58 - Publications on Ocean Development
European Community and Marine Environmental Protection in the International Law of the Sea
Implementing Global Obligations at the Regional Level
AvVeronica Frank
Inbunden, Engelska, 2007
3 909 kr
Skickas inom 5-8 vardagar
The European Community and its member states have shared competences in marine environmental matters. As a consequence, they have jointly acceded to the United Nations Convention on the Law of the Sea (LOSC) and most marine-related international agreements, which have been concluded in form of “mixed agreements”. This book looks at the manner in which the Community implements its international obligations in the specific fields of the prevention of oil pollution from ships, the regulation of ocean dumping and the protection of marine habitats through the establishment of Marine Protected Areas (MPAs), especially looking at the division of competence with the member states and the conformity of the Community’s regulatory action with the jurisdictional framework established by the LOSC. By examining the subject from both a law of the sea and EC law perspectives, the books offers a comprehensive and interesting picture of the action taken by the Community to preserve the European marine environment.
Del 59 - Publications on Ocean Development
Modern Law of the Sea
Selected Essays
AvDavid Anderson
Inbunden, Engelska, 2007
4 742 kr
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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.
Del 62 - Publications on Ocean Development
Functional Jurisdiction in the Law of the Sea
AvMaria Gavouneli
Inbunden, Engelska, 2007
2 935 kr
Skickas inom 5-8 vardagar
The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
Del 60 - Publications on Ocean Development
Marine Conservation Agreements
The Law and Policy of Reservations and Vetoes
AvHoward Schiffman
Inbunden, Engelska, 2007
2 677 kr
Skickas inom 5-8 vardagar
The decline of many living marine resources requires us to carefully examine the existing framework for ocean governance. The ability of states to opt out of, or even veto, measures adopted by marine conservation and management organizations is often discussed as a factor contributing to the present decline. This book examines the extent to which objection procedures, specific reservation provisions and vetoes (termed collectively as “exemptive provisions”) have been utilized in the history of key marine conservation and management regimes and the impact they have had. Drawing upon classic treaty law, the law of reservations in particular, the law of the sea and the developing field of international environmental law, this book explores the evolving legal landscape that informs, and potentially limits, the use of exemptive provisions in marine conservation and management regimes.
Del 63 - Publications on Ocean Development
International Law on Ballast Water
Preventing Biopollution
AvMaria Helena Fonseca de Souza Rolim
Inbunden, Engelska, 2008
2 935 kr
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"The introduction of invasive marine species into new environments, whether by ships’ ballast water, attached to ships’ hulls or via other means has been identified as one of the four main threats to the world’s oceans, along with land-based sources of marine pollution, over-exploitation of living marine resources and the physical alteration or destruction of marine habitat.Increased trade and the consequent greater volumes of maritime traffic over the last few decades have served to fuel the problem. The effects in many areas of the world have been serious and significant. Quantitative data show that the rate of bio-invasions is continuing to increase, in some cases exponentially, and new areas are being found to be invaded all the time. As volumes of seaborne trade continue overall to increase, the problem may not yet have reached its peak.In response, IMO first adopted Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges in 1991; while the United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro in 1992, recognized the issue as a major international concern. The IMO Guidelines have since been kept constantly under review and updated. Subsequently, in February 2004, the International Convention for the Control and Management of Ships’ Ballast Water and Sediments was adopted. In providing a broad overview of the legal aspects related to marine pollution caused by ballast water and tank sediments, this book offers a pragmatic analysis of the current international legal system, and includes principles of international customary law and also references to a comprehensive environmental treaty law framework which relates the Ballast Water Convention to other treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), MARPOL and the Convention on Biological Diversity. With such a wide-ranging approach, this book will certainly provide a source of valuable information for all those with a requirement to pursue the subject in depth."From the Foreword by Efthimios E. Mitropoulos
Del 65 - Publications on Ocean Development
Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
AvJon M. van Dyke
Inbunden, Engelska, 2009
2 630 kr
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A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Del 66 - Publications on Ocean Development
Migrant Smuggling by Sea
Combating a Current Threat to Maritime Security through the Creation of a Cooperative Framework
AvPatricia Mallia
Inbunden, Engelska, 2009
2 513 kr
Skickas inom 5-8 vardagar
A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.
Del 68 - Publications on Ocean Development
Selected Contemporary Issues in the Law of the Sea
AvClive R. Symmons
Inbunden, Engelska, 2011
2 619 kr
Skickas inom 5-8 vardagar
Drawing on papers presented at Trinity College, Dublin, in 2010, Selected Contemporary Issues in the Law of the Sea provides a cohesive discussion on various challenges involved with the law of the sea. International experts cover topics such as straight baselines, high seas/EEZ jurisdiction, the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas. In addition, Selected Contemporary Issues in the Law of the Sea delves into topics seemingly neglected in contemporary literature. The permissible use of artificial constructions as basepoints is discussed, for example, as are human rights issues involved in boarding non-flag ships; and in the context of piracy, issues such as the Japanese and NGO (Greenpeace) attitudes to current interventions (so-called ‘eco-piracy’) by NGO ships to prevent Japanese whaling activities in Antarctic waters.
Del 67 - Publications on Ocean Development
Dokdo
Historical Appraisal and International Justice
AvSeokwoo Lee,Hee Eun Lee
Inbunden, Engelska, 2011
2 572 kr
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Dokdo: Historical Appraisal and International Justice concerns a highly contentious territorial dispute between Korea and Japan that threatens the security of Northeast Asia. Dokdo, the rocky islet in the East Sea (Sea of Japan), is currently disputed between Korea and Japan. The various issues surrounding Dokdo are complex and multilayered, and thus require an interdisciplinary approach. The determination of Dokdo’s ownership is, however, not the sole purpose of this book. Beyond the question of Dokdo’s ownership, this volume provides a broad framework for understanding the territorial disputes that bedevil the East Asian region. Readers will find balanced perspectives on this important issue in Northeast Asia utilizing international law, international relations, and history from highly qualified experts and scholars.
Del 74 - Publications on Ocean Development
Dependent Archipelagos in the Law of the Sea
AvSophia Kopela
Inbunden, Engelska, 2013
2 771 kr
Skickas inom 5-8 vardagar
Dependent Archipelagos in the Law of the Sea examines the archipelagic concept in international law of the sea with respect to dependent archipelagos, both coastal and outlying. The monograph offers a thorough examination of the regime of straight baselines, and the implications arising from their application to archipelagos. It further analyses the practice of States with regard to the delimitation of the maritime zones of archipelagos, and assesses its value both as an element contributing to the interpretation of the Law of the Sea Convention - especially related to the application of article 7 - and as a factor leading to new developments in international law with an emphasis on customary law.
Del 70 - Publications on Ocean Development
Market Denial and International Fisheries Regulation
The Targeted and Effective Use of Trade Measures Against the Flag of Convenience Fishing Industry
AvDarren S. Calley
Inbunden, Engelska, 2011
2 266 kr
Skickas inom 5-8 vardagar
Flag of convenience fishing seriously undermines efforts to protect the marine environment. To counter this threat, Market Denial and International Fisheries Regulation rests on the logic of the most basic tenet of economics: if no market exists for a product then producers will cease to produce. Denying market access to the flag of convenience fishing fleet should significantly reduce instances of illegal, unreported and unregulated (IUU) fishing. In areas beyond national jurisdiction not only is market denial the most effective means of undermining the IUU fleet, it is, for most practical purposes, the only way to do so. To what extent, however, do the laws of the sea and international trade allow groups of States to close their markets to non-compliant fishing vessels?
Del 69 - Publications on Ocean Development
Mexico and the Law of the Sea
Contributions and Compromises
AvJorge A. Vargas
Inbunden, Engelska, 2011
3 346 kr
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Mexico and the Law of the Sea: Contributions and Compromises examines Mexico’s legal work at the Third UN Conference on the Law of the Sea. The volume focuses on Mexico's involvement at the regional Latin American meetings of Montevideo, Lima and Santo Domingo, in addition to its current domestic legislation—the Federal Oceans Act of 1986, in particular. Readers will find an analysis of the legal regime Mexico applies to marine scientific research by foreign vessels, and the constitutional problems caused by the lack of a clear allocation of jurisdiction over islands. Mexico and the Law of the Sea: Contributions and Compromises emphasizes the maritime delimitation treaties Mexico entered into with the United States, Cuba, Honduras, Guatemala and Belize, and also includes an extensive Latin American bibliography on the law of the sea.
Del 72 - Publications on Ocean Development
Dispute Resolution in the Law of the Sea
AvIgor V. Karaman
Inbunden, Engelska, 2012
2 971 kr
Skickas inom 5-8 vardagar
The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.
Del 73 - Publications on Ocean Development
Excessive Maritime Claims
Third Edition
AvJ. Ashley Roach,Robert W. Smith
Inbunden, Engelska, 2012
5 212 kr
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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. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Del 75 - Publications on Ocean Development
Filling Regulatory Gaps in High Seas Fisheries
Discrete High Seas Fish Stocks, Deep-sea Fisheries and Vulnerable Marine Ecosystems
AvYoshinobu Takei
Inbunden, Engelska, 2013
2 278 kr
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In Filling Regulatory Gaps in High Seas Fisheries, author Yoshinobu Takei investigates the regime of high seas fisheries from the perspective of international law and considers whether there are regulatory gaps in high seas fisheries and, if so, how they should be filled. The book focuses on topical issues such as the management of deep-sea fisheries on the high seas and the protection of vulnerable marine ecosystems.In view of the current state of marine fisheries resources, together with ecosystem concerns, swift and effective action is required to improve fisheries management, in particular for high seas fisheries. Takei thoroughly analyzes the current state of affairs and convincingly suggests steps to be taken in the future.
Del 76 - Publications on Ocean Development
Law of the Sea and the Polar Regions
Interactions between Global and Regional Regimes
AvErik J. Molenaar,Alex G. Oude Elferinkm. fl.
Inbunden, Engelska, 2013
3 264 kr
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The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes of the contemporary law of the sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes. The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume critically examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.
Del 77 - Publications on Ocean Development
Commission on the Limits of the Continental Shelf
Law and Legitimacy
AvØystein Jensen
Inbunden, Engelska, 2014
2 536 kr
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As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.
Del 81 - Publications on Ocean Development
Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State
A Right of Involvement for Other States?
AvSigne Veierud Busch
Inbunden, Engelska, 2016
3 205 kr
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In Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?, Signe Veierud Busch undertakes a study of all coastal State submissions to the Commission on the Limits of the Continental Shelf and asks under which circumstances and to what extent States other than the coastal State may intervene in the process of establishing final and binding continental shelf limits.After analysing relevant provisions in the UN Convention on the Law of the Sea and the Commission’s Rules of Procedure compared with the practice of States and the Commission, Busch raises the overall question if the possibility for other States to block the work of the Commission may in fact be undermining the mandate and functions of the Commission.
Del 83 - Publications on Ocean Development
International Seabed Authority and the Precautionary Principle
Balancing Deep Seabed Mineral Mining and Marine Environmental Protection
AvAline L. Jaeckel
Inbunden, Engelska, 2017
2 630 kr
Skickas inom 5-8 vardagar
With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals.This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.
Del 84 - Publications on Ocean Development
Governance of Arctic Shipping
Balancing Rights and Interests of Arctic States and User States
AvRobert C. Beckman,Tore Henriksenm. fl.
Inbunden, Engelska, 2017
2 417 kr
Skickas inom 5-8 vardagar
Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms. This volume analyzes the applicable international regulatory framework with special attention to the roles of the International Maritime Organization and the Arctic Council. The rights, interests, positions and practice of Arctic coastal States are compared with those of user States, with particular emphasis on China, Japan and South Korea. The final chapters analyze cooperative arrangements in Southeast Asia, in order to explore if these could act as models to enhance cooperation among coastal States and user States in the Arctic.
Del 86 - Publications on Ocean Development
High Seas Governance
Gaps and Challenges
AvRobert C. Beckman,Millicent McCreathm. fl.
Inbunden, Engelska, 2018
2 267 kr
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High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.
Del 89 - Publications on Ocean Development
Historic Waters and Historic Rights in the Law of the Sea
A Modern Reappraisal, 2nd Edition
AvClive R. Symmons
Inbunden, Engelska, 2019
3 229 kr
Skickas inom 5-8 vardagar
The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.
Del 99 - Publications on Ocean Development
South China Sea Arbitration
Jurisdiction, Admissibility, Procedure
AvStefan Talmon
Inbunden, Engelska, 2022
2 501 kr
Skickas inom 5-8 vardagar
This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.
Del 90 - Publications on Ocean Development
Law of the Seabed
Access, Uses, and Protection of Seabed Resources
AvCatherine Banet
Inbunden, Engelska, 2020
2 560 kr
Skickas inom 5-8 vardagar
The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds.While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue.The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction.The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.
Del 92 - Publications on Ocean Development
New Knowledge and Changing Circumstances in the Law of the Sea
AvTomas Heidar
Inbunden, Engelska, 2020
3 123 kr
Skickas inom 5-8 vardagar
During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States.New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.

Publications on Ocean Development – serie

Maritime Delimitation and Interim Arrangements in North East Asia

China's Marine Legal System and the Law of the Sea

Unresolved Issues and New Challenges to the Law of the Sea

Protection of the Underwater Cultural Heritage

International Law and the Genetic Resources of the Deep Sea

European Community and Marine Environmental Protection in the International Law of the Sea

Modern Law of the Sea

Functional Jurisdiction in the Law of the Sea

Marine Conservation Agreements

International Law on Ballast Water

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Migrant Smuggling by Sea

Selected Contemporary Issues in the Law of the Sea

Dokdo

Dependent Archipelagos in the Law of the Sea

Market Denial and International Fisheries Regulation

Mexico and the Law of the Sea

Dispute Resolution in the Law of the Sea

Excessive Maritime Claims

Filling Regulatory Gaps in High Seas Fisheries

Law of the Sea and the Polar Regions

Commission on the Limits of the Continental Shelf

Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State

International Seabed Authority and the Precautionary Principle

Governance of Arctic Shipping

High Seas Governance

Historic Waters and Historic Rights in the Law of the Sea

South China Sea Arbitration

Law of the Seabed

New Knowledge and Changing Circumstances in the Law of the Sea

Publications on Ocean Development – serie

Maritime Delimitation and Interim Arrangements in North East Asia

China's Marine Legal System and the Law of the Sea

Unresolved Issues and New Challenges to the Law of the Sea

Protection of the Underwater Cultural Heritage

International Law and the Genetic Resources of the Deep Sea

European Community and Marine Environmental Protection in the International Law of the Sea

Modern Law of the Sea

Functional Jurisdiction in the Law of the Sea

Marine Conservation Agreements

International Law on Ballast Water

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Migrant Smuggling by Sea

Selected Contemporary Issues in the Law of the Sea

Dokdo

Dependent Archipelagos in the Law of the Sea

Market Denial and International Fisheries Regulation

Mexico and the Law of the Sea

Dispute Resolution in the Law of the Sea

Excessive Maritime Claims

Filling Regulatory Gaps in High Seas Fisheries

Law of the Sea and the Polar Regions

Commission on the Limits of the Continental Shelf

Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State

International Seabed Authority and the Precautionary Principle

Governance of Arctic Shipping

High Seas Governance

Historic Waters and Historic Rights in the Law of the Sea

South China Sea Arbitration

Law of the Seabed

New Knowledge and Changing Circumstances in the Law of the Sea