Stress Testing the Law of the Sea

Stress Testing the Law of the Sea
Author: Stephen Minas
Publisher: BRILL
Total Pages: 377
Release: 2018-09-04
Genre: Law
ISBN: 9004352929

In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.

Sovereignty and the Sea

Sovereignty and the Sea
Author: John G. Butcher
Publisher: NUS Press
Total Pages: 556
Release: 2017-03-24
Genre: History
ISBN: 9814722219

Until the mid-1950s nearly all the waters lying between the far-flung islands of the Indonesian archipelago were as open to the ships of all nations as the waters of the great oceans. In order to enhance its failing sovereign grasp over the nation, as well as to deter perceived external threats to Indonesia’s national integrity, in 1957 the Indonesian government declared that it had “absolute sovereignty” over all the waters lying within straight baselines drawn between the outermost islands of Indonesia. At a single step, Indonesia had asserted its dominion over a vast swathe of what had hitherto been seas open to all, and made its lands and the seas it now claimed a single unified entity for the first time. International outrage and alarm ensued, expressed especially by the great maritime nations. Nevertheless, despite its low international profile, its relative poverty, and its often frail state capacity, Indonesia eventually succeeded in gaining international recognition for its claim when, in 1982, the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” and declared that these states had sovereignty over their “archipelagic waters”. Sovereignty and the Sea explains how Indonesia succeeded in its extraordinary claim. At the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats. Largely because of their dogged persistence, negotiating skills, and willingness to make difficult compromises Indonesia became the greatest archipelagic state in the world.

The Sovereignty of The Sea

The Sovereignty of The Sea
Author: Thomas Wemyss Fulton
Publisher: Prabhat Prakashan
Total Pages: 2007
Release: 2023-10-01
Genre: Fiction
ISBN:

The Sovereignty of The Sea by Thomas Wemyss Fulton: In this book, Thomas Wemyss Fulton explores the concept of maritime sovereignty and its legal implications. From territorial waters to international waters, Fulton examines the complex legal frameworks, navigational rights, and jurisdictional issues that govern the seas, offering valuable insights into the dynamics of maritime law and its significance on a global scale. Key Aspects of the Book "The Sovereignty of The Sea": Maritime Law: Fulton delves into the legal principles and regulations that define maritime law, exploring topics such as admiralty law, naval operations, and the law of the sea. Territorial Rights and Jurisdiction: The book examines the concept of territorial waters, exclusive economic zones, and the challenges associated with defining and enforcing maritime boundaries. Ocean Governance: Fulton sheds light on the intricate governance structures and international agreements that govern the use, exploration, and protection of the world's oceans and seas. Information regarding the specific biography of Thomas Wemyss Fulton could not be found for this particular book. However, Fulton's work in "The Sovereignty of The Sea" reflects his expertise and interest in maritime law, providing readers with a comprehensive understanding of the legal intricacies surrounding maritime sovereignty and governance.

The Limits of Maritime Jurisdiction

The Limits of Maritime Jurisdiction
Author: Clive H. Schofield
Publisher: Martinus Nijhoff Publishers
Total Pages: 812
Release: 2013-11-28
Genre: Law
ISBN: 9004262598

The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Rough Waters

Rough Waters
Author: Rodney P Carlisle
Publisher: Naval Institute Press
Total Pages: 254
Release: 2017-01-15
Genre: History
ISBN: 1682470873

Rough Waters traces the evolution of the role of the U.S. merchant ship flag, and the U.S. merchant fleet itself. Rodney Carlisle looks at conduct and commerce at sea from the earliest days of the country, when battles at sea were fought over honor and the flag, to the current American-owned merchant fleet sailing under flags of convenience via foreign registries. Carlisle examines the world-wide use, legality, and continued acceptance of this practice, as well as measures to off-set its ill effects. Looking at the interwar period of 1919–1939, Carlisle examines how the practice of foreign registry of American-owned vessels began on a large scale, led by Standard Oil with tankers under the flag of the Free City of Danzig and followed by Panama. The work spells out how the United States helped further the practice of registry in Panama and Liberia after World War II. Rough Waters concludes with a look at how the practice of foreign registry shapes present-day commerce and labor relations.

UNCLOS and Ocean Dispute Settlement

UNCLOS and Ocean Dispute Settlement
Author: Nong Hong
Publisher: Routledge
Total Pages: 282
Release: 2012
Genre: Law
ISBN: 0415505275

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

Freedom of Navigation and the Law of the Sea

Freedom of Navigation and the Law of the Sea
Author: Cameron Moore
Publisher: Routledge
Total Pages: 152
Release: 2021-02-09
Genre: Law
ISBN: 042975891X

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.