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| 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 D. Caron |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 378 |
| Release | : 2014-02-20 |
| Genre | : Law |
| ISBN | : 9004266372 |
The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.
| Author | : Ana G. López Martín |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 239 |
| Release | : 2010-08-14 |
| Genre | : Law |
| ISBN | : 3642129064 |
The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.
| Author | : Hugo Caminos |
| Publisher | : Cambridge University Press |
| Total Pages | : 531 |
| Release | : 2014-12-22 |
| Genre | : Law |
| ISBN | : 1316060608 |
The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.
| Author | : José Antonio de Yturriaga |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 400 |
| Release | : 1991 |
| Genre | : Law |
| ISBN | : 9780792311416 |
After an introductory chapter concerning the definition of Straits used for international navigation', the author examines in detail the evolution of the question in the years prior to the convening of UNCLOS-III, during the preparatory works of the Sea-Bed Committee and throughout the Conference. The second part of the book studies the legal norms set up by the 1982 UN Convention on the Law of the Sea concerning the regime of transit passage for maritime and air navigation applicable in most of the straits used for international navigation and the regime of innocent passage residually applied in the other straits. In the final chapter, the author makes a critical appraisal of the new regimes of navigation and overflight in straits, exposes the implications of such regimes in Spain, analyzes the applicability of the Convention's regulations before their coming into force, and examines the practice followed in the last few years by the most important States which favoured or opposed the regime of transit passage. From his position as Deputy-Head of the Spanish Delegation to the Law of the Sea Conference, Ambassador de Yturriaga participated from the very beginning in the work of UNCLOS-III and was an active protagonist in the debates of the straits' question. The book offers a first hand testimony of the straits' negotiation, which will be extremely useful for scholars and students of the Law of the Sea.
| Author | : Yurika Ishii |
| Publisher | : BRILL |
| Total Pages | : 255 |
| Release | : 2021-12-20 |
| Genre | : Law |
| ISBN | : 9004500413 |
Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.
| Author | : Myron H. Nordquist |
| Publisher | : BRILL |
| Total Pages | : 523 |
| Release | : 2019-11-11 |
| Genre | : Law |
| ISBN | : 9004412026 |
Cooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.
| Author | : José A. Yturriaga |
| Publisher | : BRILL |
| Total Pages | : 389 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004478892 |
After an introductory chapter concerning the definition of `Straits used for international navigation', the author examines in detail the evolution of the question in the years prior to the convening of UNCLOS-III, during the preparatory works of the Sea-Bed Committee and throughout the Conference. The second part of the book studies the legal norms set up by the 1982 UN Convention on the Law of the Sea concerning the regime of transit passage for maritime and air navigation applicable in most of the straits used for international navigation and the regime of innocent passage residually applied in the other straits. In the final chapter, the author makes a critical appraisal of the new regimes of navigation and overflight in straits, exposes the implications of such regimes in Spain, analyzes the applicability of the Convention's regulations before their coming into force, and examines the practice followed in the last few years by the most important States which favoured or opposed the regime of transit passage. From his position as Deputy-Head of the Spanish Delegation to the Law of the Sea Conference, Ambassador de Yturriaga participated from the very beginning in the work of UNCLOS-III and was an active protagonist in the debates of the straits' question. The book offers a first hand testimony of the straits' negotiation, which will be extremely useful for scholars and students of the Law of the Sea.
| Author | : Ted L. McDorman |
| Publisher | : Brill Nijhoff |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Law of the sea |
| ISBN | : 9789004396265 |
This edited book, Regulation on Navigation of Foreign Vessels: Asia-Pacific State Practice, is a collection of country papers focused on one of the more contentious and diverse subject areas of the international law of the sea - foreign vessel rights of navigation in national waters.
| 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.
