The Precautionary Principle in the Law of the Sea

Modern Decision Making in International Law

Author: Simon Marr

Publisher: Martinus Nijhoff Publishers

ISBN:

Category: Law

Page: 253

View: 625

This text explores the state of affairs in 2003 regarding the implementation of the principle in the law of the sea in different areas: like, pollution of the marine environment, conservation and management of living marine resources and transboundary transports of radioactive and hazardous wastes.

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

Author: René Jean Dupuy

Publisher: Martinus Nijhoff Publishers

ISBN:

Category: Law

Page: 1

View: 784

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.

Making the Law of the Sea

A Study in the Development of International Law

Author: James Harrison

Publisher: Cambridge University Press

ISBN:

Category: Law

Page:

View: 261

The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.

The Law of the Sea

Current developments in state practice

Author:

Publisher:

ISBN:

Category: Law of the sea

Page:

View: 635

The Law of the Sea

The European Union and its Member States

Author: Laura Pineschi

Publisher: BRILL

ISBN:

Category: Law

Page:

View: 873

The United Nations Convention on the Law of the Sea of 10 December 1982 entered into force on 16 November 1994. Since this date a single binding instrument has regulated the rights and duties of States at sea and regarding the sea. New concepts, such as the exclusive economic zone, archipelagic waters, transit passage through straits, and the International Seabed Area, are now fully recognized. The fifteen member States of the European Union are a significant sample for analyzing the practice of States, or at least that of the Western industrialized States, as regards the law of the sea. They include major and small maritime powers, coastal and land-locked States, States with coasts on the Atlantic Ocean and States with coasts on semi-enclosed seas such as the Baltic and the Mediterranean, States with and without involvement in deep seabed mining and States with different interests as regards fisheries. The fact that they all belong to the European Union is a very important common feature, which amply justifies the choice made to study them together. The book's aim is to give, through essays prepared by well-known specialists, a detailed survey of the attitudes and practice concerning the law of the sea of the member States of the European Union and of the European Community as such. The common positions of the member States and the results of their coordinated action also emerge from these essays. The fact that the member States and the European Community are now actively engaged in the process of becoming parties to the Law of the Sea Convention is certainly a major contribution to the consolidation of the Convention as a universal instrument, or at least as an instrument widely ratified by States of all continents and economic and political interests.

International Organizations and the Law of the Sea

Documentary Yearbook. Vol. 1 (1985)-

Author: Netherlands Institute for the Law of the Sea

Publisher: Martinus Nijhoff Publishers

ISBN:

Category: Law

Page: 680

View: 836

This is the only independent collection of documents related to ocean affairs & the law of the sea, issued each year by international organizatios. It is arranged systematically & thereby gives the community of scholars & practitioners in ocean affairs & the law of the sea much improved access to essential documentation.

The Law of the Sea

Cases, Documents, and Readings

Author: Gary Knight

Publisher:

ISBN:

Category: Law of the sea

Page:

View: 137

United Nations Convention on the Law of the Sea 1982, Volume VII

A Commentary

Author: Myron Nordquist

Publisher: Martinus Nijhoff Publishers

ISBN:

Category: Law

Page: 488

View: 418

This is the seventh and final volume of the most authoritative reference on the Third United Nations Convention on the Law of the Sea (UNCLOS III, 1973-1982). The volume provides the original text of the 1982 convention as fully integrated with the provisions of the 1994 Agreement on the Implementation of XI, in addition to an extensive subject index to Volumes I through VI of the series.

Marine Scientific Research, New Marine Technologies and the Law of the Sea

Author: Keyuan Zou

Publisher: BRILL

ISBN:

Category: Law

Page: 280

View: 518

Marine Scientific Research, New Marine Technologies and the Law of the Sea offers expert insights into new legal developments covering marine scientific research (MSR) including marine genetic resources regime development and emerging marine technologies including floating nuclear power plants.

The Law of the Sea and Polar Maritime Delimitation and Jurisdiction

Author: Alex G. Oude Elferink

Publisher: Martinus Nijhoff Publishers

ISBN:

Category: Law

Page: 382

View: 289

The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the Law of the Sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the Law of the Sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones betweenm neighboring states) and jursidiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention of the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.