Historic Waters And Historic Rights In The Law Of The Sea
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| Author | : Clive R. Symmons |
| Publisher | : BRILL |
| Total Pages | : 471 |
| Release | : 2019-03-27 |
| Genre | : Law |
| ISBN | : 9004377026 |
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.
| Author | : Clive Ralph Symmons |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 337 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9004163506 |
This work reassesses the doctrine, and status, of historic waters in the law of the sea, particularly in the light of recent developments, such as in" Alaska v. US" (2005), which case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law on the topic, including matters such as burden of proof.
| Author | : Clive Symmons |
| Publisher | : BRILL |
| Total Pages | : 336 |
| Release | : 2007-12-31 |
| Genre | : Law |
| ISBN | : 9047423755 |
This work reassesses the doctrine, and present-day status, of historic waters in the law of the sea, particularly in the light of the most recent decisions of the International Court of Justice which have referred to the topic and in the United States, such as Alaska v. US (2005), in which the author acted as expert witness for the US federal Government. The latter case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law, including matters such as burden of proof.
| Author | : S. Jayakumar |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 335 |
| Release | : 2018-10-26 |
| Genre | : Law |
| ISBN | : 1788116275 |
Bringing together leading experts on the law of the sea, The South China Sea Arbitrationprovides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons
| Author | : Donald Rothwell |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1073 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 019871548X |
Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.
| Author | : Seokwoo Lee |
| Publisher | : BRILL |
| Total Pages | : 477 |
| Release | : 2020-11-30 |
| Genre | : Law |
| ISBN | : 9004437789 |
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
| Author | : J. Ashley Roach |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 998 |
| Release | : 2012-06-22 |
| Genre | : Law |
| ISBN | : 9004217738 |
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
| Author | : David Joseph Attard |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 796 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0199683921 |
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.
| Author | : Coalter G. Lathrop |
| Publisher | : BRILL |
| Total Pages | : 185 |
| Release | : 2019-03-27 |
| Genre | : Law |
| ISBN | : 9004398147 |
Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.
| Author | : Scott Gerald Borgerson |
| Publisher | : Council on Foreign Relations |
| Total Pages | : 82 |
| Release | : 2009 |
| Genre | : History |
| ISBN | : 0876094310 |
