Law of the Sea in Dialogue

Law of the Sea in Dialogue
Author: Holger Hestermeyer
Publisher: Springer Science & Business Media
Total Pages: 195
Release: 2010-09-28
Genre: Law
ISBN: 3642156576

The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.

Gender and the Law of the Sea

Gender and the Law of the Sea
Author: Irini Papanicolopulu
Publisher: BRILL
Total Pages: 388
Release: 2019-05-07
Genre: Law
ISBN: 9004375171

Listen to the podcast with Nilufer Oral on 'Climate Change, Oceans and Gender' In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive. See inside the book.

Across Oceans of Law

Across Oceans of Law
Author: Renisa Mawani
Publisher: Duke University Press
Total Pages: 368
Release: 2018-08-09
Genre: Law
ISBN: 0822372126

In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.

International Courts and the Development of International Law

International Courts and the Development of International Law
Author: Nerina Boschiero
Publisher: Springer Science & Business Media
Total Pages: 948
Release: 2013-03-15
Genre: Law
ISBN: 9067048941

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Maritime Security in the Indo-Pacific

Maritime Security in the Indo-Pacific
Author: Mohan Malik
Publisher: Rowman & Littlefield
Total Pages: 312
Release: 2014-09-24
Genre: Political Science
ISBN: 1442235330

In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.

Dialogue Concerning the Two Chief World Systems

Dialogue Concerning the Two Chief World Systems
Author: Galileo
Publisher: Modern Library
Total Pages: 642
Release: 2001-10-02
Genre: Science
ISBN: 037575766X

Galileo’s Dialogue Concerning the Two Chief World Systems, published in Florence in 1632, was the most proximate cause of his being brought to trial before the Inquisition. Using the dialogue form, a genre common in classical philosophical works, Galileo masterfully demonstrates the truth of the Copernican system over the Ptolemaic one, proving, for the first time, that the earth revolves around the sun. Its influence is incalculable. The Dialogue is not only one of the most important scientific treatises ever written, but a work of supreme clarity and accessibility, remaining as readable now as when it was first published. This edition uses the definitive text established by the University of California Press, in Stillman Drake’s translation, and includes a Foreword by Albert Einstein and a new Introduction by J. L. Heilbron.

The Law of the Sea and Climate Change

The Law of the Sea and Climate Change
Author: Elise Johansen
Publisher: Cambridge University Press
Total Pages: 463
Release: 2020-12-17
Genre: Business & Economics
ISBN: 1108842267

Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.