Modern Law of the Sea

Modern Law of the Sea
Author: David Anderson
Publisher: Martinus Nijhoff Publishers
Total Pages: 646
Release: 2008
Genre: Law
ISBN: 900415891X

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. Davis Anderson is a former legal adviser to the Foreign and Commonwealth Office (1960-1996) and judge of the International Tribunal for the Law of the Sea (1996-2005).

Selected Contemporary Issues in the Law of the Sea

Selected Contemporary Issues in the Law of the Sea
Author: Clive R. Symmons
Publisher: Martinus Nijhoff Publishers
Total Pages: 379
Release: 2011-06-09
Genre: Law
ISBN: 9004184023

Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas

Islamic Law of the Sea

Islamic Law of the Sea
Author: Hassan S. Khalilieh
Publisher: Cambridge University Press
Total Pages: 305
Release: 2019-05-02
Genre: History
ISBN: 1108481450

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

Historic Waters and Historic Rights in the Law of the Sea

Historic Waters and Historic Rights in the Law of the Sea
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.

Reflections on the Making of the Modern Law of the Sea

Reflections on the Making of the Modern Law of the Sea
Author: Satya N. Nandan
Publisher:
Total Pages: 320
Release: 2021
Genre: Electronic books
ISBN: 9789813251564

"The United Nations Convention on the Law of the Sea (UNCLOS) is one of the most successful agreements ever created to govern the global commons. If it is thought of as a constitution for the oceans, then Satya Nandan should be considered one of the founders, one of the key personalities behind both the agreement and the subsequent development of Law of the Sea in the decades since UNCLOS was adopted. He led the drafting of the key negotiating text, most of which made its way, unaltered, into the Convention’s final text. How did a lawyer from Fiji come to play such a pivotal role in this important area of diplomacy and international law? This book tells the story, showing how Nandan used his creativity, pragmatism, and penchant for language to reach compromise and build consensus at nearly every stage in the making of the modern law of the sea. In this book, he elaborates on the techniques and skills he brought to bear on this task, the alliances he formed with colleagues from different countries, and the strategies that were effective in this complex, multidimensional negotiation. At a time when the stakes involved in managing the global commons could not be higher, Satya Nandan’s experience and wisdom could not be more relevant and important."--Publisher description.

The Sea in History

The Sea in History
Author: Christian Buchet
Publisher:
Total Pages: 1042
Release: 2017
Genre: Naval history, Modern
ISBN:

How important has the sea been in the development of human history? Very important indeed is the conclusion of this ground-breaking four volume work. The books bring together the world's leading maritime historians, who address the question of what difference the sea has made in relation to around 250 situations ranging from the earliest times to the present. They consider, across the entire world, subjects related to human migration, trade, economic development, warfare, the building of political units including states and empires, the dissemination of ideas, culture and religion, and much more, showing how the sea was crucial to all these aspects of human development. The Sea in History - The Early Modern World covers the period from around the end of the fifteenth century up to the conclusion of the Napoleonic Wars in 1815. It examines the establishment and growth of 'the Atlantic World', but also considers maritime developments in the Indian Ocean, Southeast and East Asia and Africa, and highlights the continuing importance of the North Sea and the Baltic. A very wide range of maritime subjects is explored including trade, which went through a huge global expansion in this period; fishing; shipping, shipbuilding, navigation and ports; the role of the sea in the dissemination of religious ideas; the nature of life for sailors in different places and periods; and the impact of trade in particularly important commodities, including wine, slaves, sugar and tobacco. One particularly interesting chapter is on the Hanse, the important maritime commercial 'empire' based in north Germany, which extended much more widely than is often realised and whose significance and huge impact have often been overlooked. 33 of the contributions are in English; 42 are in French. CHRISTIAN BUCHET is Professor of Maritime History, Catholic University of Paris, Scientific Director of Océanides and a member of l'Académie de marine. GÉRARD LE BOUDEC is Emeritus Professor of the University of South Brittany.

Law of the Sea

Law of the Sea
Author: Donald Rothwell
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2013
Genre: Law of the sea
ISBN: 9780857939074

Law of the Sea is a collection of foundational and contemporary essays and articles which together, provide a comprehensive overview and analysis of the current law. With a particular focus on some of the key debates that arose during negotiation of the 1982 United Nations Convention on the Law of the Sea and how those issues are now seen in light of Twenty-First Century events, this book is an essential resource for students and researchers engaging in this dynamic and fundamental area of the International Law field. Contributors include leading diplomats, scholars and practitioners of the Law of the Sea.

Dispute Resolution in the Law of the Sea

Dispute Resolution in the Law of the Sea
Author: Igor V. Karaman
Publisher: Martinus Nijhoff Publishers
Total Pages: 438
Release: 2012-02-17
Genre: Law
ISBN: 9004212019

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.

The Law of the Sea Convention

The Law of the Sea Convention
Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
Total Pages: 599
Release: 2012-03-19
Genre: Law
ISBN: 900420136X

This text provides valuable insight into a number of contemporary and pressing issues concerning the world's oceans and their management.