The International Law of Bays

The International Law of Bays

Author: Mitchell P. Strohl

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 436

ISBN-13: 9401509670

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The purpose of this book is to describe the problems posed in the formulation of international rules for bays at the present time, to investigate the history of the several interests that have influenced the development of such rules, to trace the efforts that have been made to codify the rules, and to suggest a further refinement of the rules. This book seeks to combine the fruits of the writer's experience as a navigator with those of his studies in international law, geography, history and economics. Although, after study and thought upon the subject, there is likely to arise an initial desire to write a work that is truly definitive, one must resign himself to something of lesser scope. That being so, there is, if anything, an increased demand upon the writer to exercise careful judgment in his research, and in his exposition of the subject. This writer can only hope that he has discharged this responsi bility to the degree that his efforts will have clarified some issues and that what he has set on paper may be of some assistance to others. This writer has attempted to be as objective as possible in his inter pretations, and he has made no attempt to defend the policy of any State. In so doing, he is weil aware of the fact that for broader policy reasons, some of the views expressed herein cannot be officiaily accept ed as bases for action.


Historic Titles in International Law

Historic Titles in International Law

Author: Yehuda Z. Blum

Publisher: Springer

Published: 2012-12-06

Total Pages: 496

ISBN-13: 940150699X

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The question of Historic Titles in International Law has been much discussed in recent years. In particular, it was an issue of some im portance in several international arbitrations, such as the Gulf of Fon seca case, decided by the Central American Court of Justice; the Island of Palmas case, decided by Judge Huber as sole arbitrator, under the auspices of the Permanent Court of Arbitration; the case concerning the Legal Status rif Eastern Greenland before the Permanent Court of International Justice; and, more recently still, the cases concerning Fisheries (United Kingdom v. Norway); Minquiers and Ecrehos Islets (U nited Kingdom v. France) ; Certain Frontier Land (Belgium v. N ether lands); and Temple rif Preah Vihear (Cambodia v. Thailand), before the International Court of Justice. Historic Titles are probably also a re levant factor in a number of territorial disputes that have not yet been submitted to arbitration or judicial settlement. The recent controversies over the proper breadth for the territorial sea and the exclusive fishing limits of coastal States have brought to the fore new aspects of the problem.


The Legal Status of Tiran and Sanafir Islands

The Legal Status of Tiran and Sanafir Islands

Author: Askar H. Enazy

Publisher: King Faisal Center for Research and Islamic Studies

Published: 2017-04-01

Total Pages: 76

ISBN-13: 6038206264

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Dirasat: In-depth research publication is written by a specialist to discuss political and intellectual issues in the Middle East region and the world. Published monthly in Arabic and English. As stipulated in its articles, the boundary agreement would come into force only after being ratified by both contracting countries in accordance with their respective constitutional procedures. This Saudi Arabia had done shortly thereafter. Egypt, on the other hand, has not, despite that the fact that more than one year had already passed since it placed its signature on the accord. The Egyptian cabinet did not approve the agreement until the end the year, on December 29, before referring it to the parliament, which has not yet set a date to debate it.


The Regime of Straits in International Law

The Regime of Straits in International Law

Author: Bing Bing Jia

Publisher: Oxford University Press

Published: 1998

Total Pages: 324

ISBN-13: 9780198265566

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Straits are peripheral formations in the study of geography, but have long been a source of controversy in international relations. They connect separate seas and divide the territory of states. This geographical fact invites legal disputes over international boundary drawing, request forpassage by foreign ships, assertion of territorial control over the waters forming straits, and the basis for a regime generally accepted as law in our times. This is a thorough and well-documented book which combines elements of history, geography, international shipping, and the law of the sea. Itasks the central question: what exactly is the current law governing this area, and also goes on to consider the concept of international straits, the distinction between existing treaty-based regimes and the general regime, and the special characteristics of straits that separate them from similararms of the sea in terms of law. In answering these questions, the author takes us back to the first regime for international straits in 1949, through to the practices of the present day. This will be an invaluable text for all international lawyers, particularly those specializing in the law ofsea.


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

Published: 1991-10-16

Total Pages: 894

ISBN-13: 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.


A Handbook on the New Law of the Sea, Volume 2

A Handbook on the New Law of the Sea, Volume 2

Author: René Jean Dupuy

Publisher: Martinus Nijhoff Publishers

Published: 2023-09-20

Total Pages: 881

ISBN-13: 9004639187

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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 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.