The Regime of Islands Reframed

The Regime of Islands Reframed
Author: Clive Schofield
Publisher: BRILL
Total Pages: 132
Release: 2021-02-08
Genre: Law
ISBN: 9004449477

In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.

International Law Relating to Islands

International Law Relating to Islands
Author: Sean D. Murphy
Publisher: BRILL
Total Pages: 383
Release: 2019-03-25
Genre: Law
ISBN: 9004361545

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

The IMLI Manual on International Maritime Law: The law of the sea

The IMLI Manual on International Maritime Law: The law of the sea
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.

The Development of the Law of the Sea Convention

The Development of the Law of the Sea Convention
Author: Øystein Jensen
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2020-08-28
Genre: Law
ISBN: 1839104260

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.

Baselines under the International Law of the Sea

Baselines under the International Law of the Sea
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.

The Legal Regime of Straits

The Legal Regime of Straits
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.

Demilitarisation and International Law in Context

Demilitarisation and International Law in Context
Author: Athanasia Spiliopoulou Åkermark
Publisher: Routledge
Total Pages: 128
Release: 2018
Genre: Demilitarization (International law)
ISBN: 9781138093300

Introduction : the goal and structure of the book -- The legal regulation of the demilitarisation and neutralisation of the Åland islands -- The law of the sea and the demilitarisation of Åland -- Regional security co-operation and the Åland islands -- Outlook and conclusions

Disappearing Island States in International Law

Disappearing Island States in International Law
Author: Jenny Grote Stoutenburg
Publisher: BRILL
Total Pages: 504
Release: 2015-07-28
Genre: Law
ISBN: 9004303014

Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.

Philippine Materials in International Law

Philippine Materials in International Law
Author: Raul C Pangalangan
Publisher: BRILL
Total Pages: 509
Release: 2021-11-15
Genre: Law
ISBN: 9004469729

The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.