A handbook on the new law of the sea. 2 (1991)

A handbook on the new law of the sea. 2 (1991)
Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
Total Pages: 894
Release: 1991-10-16
Genre: Law
ISBN: 9780792310631
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The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conferences Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.

International Organizations and the Law of the Sea

International Organizations and the Law of the Sea
Author: Netherlands Institute for the Law of the Sea
Publisher: Martinus Nijhoff Publishers
Total Pages: 914
Release: 1994-03-01
Genre: Law
ISBN: 9780792326144
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Building on the success of the International Journal of Estuarine & Coastal Law & Marine Policy Reports , The International Journal of Marine & Coastal Law addresses all aspects of marine (maritime) & coastal law. Its breadth of coverage extends to all of the legal issues arising from Ocean & Coastal Management, Marine & Coastal Conservation, Maritime Boundary Delimitation, High Seas, EEZ & Coastal Fisheries Management, Control of Marine & Coastal Pollution, Offshore Energy & Resource Exploitation, Sea Bed Mining, International Aspects of Shipping, Estuarine & Coastal Zone Resource Management, & Naval & Military Uses of the Oceans. An International Editorial Board supplies a distinctive feature: a vigorous current developments section which provides notes & commentary on international treaties & case law, national statute law, national court decisions, & other aspects of state practice; includes the relevant original documentation where appropriate; & monitors developments in relevant international organizations at a global & regional level. The format also includes in-depth articles, each preceded by an abstract; a book review section; & a current bibliography. An index & tables of cases, statutes, agreements, conventions, & treaties also enhance the accessibility of information.

International Organizations and the Law of the Sea 1992

International Organizations and the Law of the Sea 1992
Author: Netherlands Institute for the Law of the
Publisher: Martinus Nijhoff Publishers
Total Pages: 908
Release: 2023-08-28
Genre: Business & Economics
ISBN: 9004634223
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This text provides a collection of documents related to ocean affairs and the law of the sea. It is issued each year by organizations, organs and bodies of the United Nations system.

Common Law of International Organizations

Common Law of International Organizations
Author: Finn Seyersted
Publisher: BRILL
Total Pages: 632
Release: 2008-06-30
Genre: Business & Economics
ISBN: 9047433467
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This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.