A Handbook on the New Law of the Sea, Volume 1

A Handbook on the New Law of the Sea, Volume 1
Author: René-Jean Dupuy
Publisher: Martinus Nijhoff Publishers
Total Pages: 917
Release: 2023-09-20
Genre: Law
ISBN: 9004639179

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 Conference's 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.

Conservation on the High Seas

Conservation on the High Seas
Author: Simone Borg
Publisher: Edward Elgar Publishing
Total Pages: 337
Release: 2012-01-01
Genre: Nature
ISBN: 085793564X

ïThis book from Simone Borg is a much needed and highly recommended study on conservation on the high seas and harmonizing international regimes for the sustainable use of living resources. This publication is very topical considering the continuous over-exploitation of the living resources. It is a very exhaustive study of many international instruments, the most importantly the 1982 The United Nations Law of the Sea Convention. The author in an admirable manner linked the issue of the conservation of living resources on the high seas to the fundamental principles underlying modern environmental law such as the precautionary principle. The unique feature which sets this book apart from the other similar publications is that it is firmly entrenched in general international law, i.e. deals in a very erudite manner with the issues of fragmentation and harmonisation of international law in the context of conservation. This book will appeal not only to the experts on the law of the sea, but also to general international lawyers.Í _ Malgosia Fitzmaurice, Queen Mary, University of London, UK ïThis is an excellent book, which has taken apart a very complicated part of international law, and reassembled it in a manner which is up-to-date, accessible, insightful and coherent. In doing so, this work plugs a gap in the scholarship in this area, for which the author is to be truly commended. It is an essential addition for all practitioners, scholars and students who work or study, in one of the foremost environmental challenges of the 21st century: conservation on the high seas.Í _ Alexander Gillepsie, University of Waikato, New Zealand ïThe conservation of living marine resources with diverse characteristics and life styles has become an international concern. BorgÍs book provides an examination of the regulatory and legal implications of marine conservation. The analysis takes account of UNCLOS Treaties and the UNCED (1992) that aid a more holistic response by States towards conservation, the marine environment and socio-economic needs. Despite shortcomings and failures there have been success stories that highlight the potential of effective interaction between fisheries law and environmental law. The book addresses the legal aspects of international regimes aimed at setting conservation obligations, compliance and enforcement. This is a path breaking work that shows how international law can diversify itself into different legal streams to ensure flexibility and a degree of adaptation to the different interests of the States involved.Í _ John McEldowney, University of Warwick, UK This timely book discusses various international norms that qualify the right, which all states have to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species. An intricate body of norms has accumulated over the last few decades, consisting of prior and subsequent rules addressing the same issues, as well as a number of specialized rules that supplement more general ones. However, this process has also exposed the fragmentation of the relevant international regimes, with evolving and diverse interpretations of the same legal terms fine-tuning or qualifying earlier treaties. Uncertainty prevails as to how these norms interrelate with each other. The book assesses to what extent the harmonization of these international regimes is possible. It highlights current trends and developments which aim at better coherence, and discusses legal techniques that could serve to harmonize both the objectives of these international norms and their scope of applicability. The author also demonstrates that in some cases, gaps and conflicts in the existing legal framework cannot be simply ïinterpreted awayÍ but require the further development of international law in order to be resolved properly. This unique book will appeal to academics and students in international law, especially those researching marine conservation and the applicable legal framework. It will be equally useful to organizations both public and private with an interest in marine conservation beyond national jurisdiction. Environmental groups and policy-makers in maritime affairs, environmental issues and fisheries management will also find much to interest them in this insightful book.

A handbook on the new law of the sea. 1 (1991)

A handbook on the new law of the sea. 1 (1991)
Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
Total Pages: 926
Release: 1991-10-16
Genre: Law
ISBN: 9780792309246

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 regime 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 Conference's 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 regime governing underwater archaeological and historical objects.

Sovereignty of the Sea

Sovereignty of the Sea
Author: United States. Department of State. Office of the Geographer
Publisher:
Total Pages: 40
Release: 1965
Genre: Boundaries
ISBN:

Foreign Seizures of U.S. Fishing Vessels

Foreign Seizures of U.S. Fishing Vessels
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation
Publisher:
Total Pages: 100
Release: 1967
Genre: Fishery law and legislation
ISBN:

Committee Serial No. 90-8. Considers H.R. 5148 and seven related bills, to expand the scope of Federal reimbursement of losses incurred by U.S. fishing vessels seized by foreign governments in disputed international waters and to ensure reimbursement of the U.S. Treasury by authorizing cutbacks in foreign aid otherwise intended for the governments involved.

The Changing International Law of High Seas Fisheries

The Changing International Law of High Seas Fisheries
Author: Francisco Orrego Vicuña
Publisher: Cambridge University Press
Total Pages: 372
Release: 1999-03-04
Genre: Law
ISBN: 9780521641937

This book examines legal, economic and environmental developments including recent state and international practice.

The Extent of the Marginal Sea

The Extent of the Marginal Sea
Author: Henry Graham Crocker
Publisher:
Total Pages: 750
Release: 1919
Genre: Law of the sea
ISBN:

The present volume of views and documents bearing upon the extent of the marginal sea is divided into two sections: Part I contains excerpts from the publications of representative publicists; Part II is a compilation of official documents. The documents in Part II are printed in chronological order under countries in alphabetical order.--Publisher's description.

Hearings

Hearings
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries
Publisher:
Total Pages: 1522
Release: 1954
Genre:
ISBN: