The Law of the Sea
The Law of the Sea

Author: Laura Pineschi

Publisher: BRILL

Published: 2021-09-27

Total Pages: 616

ISBN-13: 9004481699

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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
International Organizations and the Law of the Sea

Author: Netherlands Institute for the Law of the Sea

Publisher: Martinus Nijhoff Publishers

Published: 1994-03-01

Total Pages: 914

ISBN-13: 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.

The Exclusive Economic Zone
The Exclusive Economic Zone

Author: Charles Quince

Publisher: Vernon Press

Published: 2019-02-15

Total Pages: 301

ISBN-13: 1622735358

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Traditionally, the law of the sea was divided into the territorial sea and the high seas which accounted for the application of different rules under different circumstances. Concerning the territorial sea, the coastal state enjoys full sovereignty to the right of innocent passage, while under the high seas rules all countries enjoy multifaceted uses of the sea qualified only by the limitations imposed by international law. The development of the exclusive economic zone ended this traditional dualism and ushered in guidelines that are embodied within the text of the LOS Convention. The Exclusive Economic Zone presents to academia and the general reading public a comprehensive study of the EEZ concept as it relates to the LOS Convention and state practice. The Exclusive Economic Zone shows that even through coastal states have the right to develop a 200 miles EEZ and that this right is an integral part of contemporary international relations, it is also true that the EEZ concept is shrouded in legal ambiguities. Using qualitative and inductive methods, the scholarship draws on treaties, official proclamations, government archives, and scholarly works that are germane to the development of the EEZ. Students, scholars, and members of the general public with an interest in international law will find that The Exclusive Economic Zone deepens their understanding of the evolution of the EEZ concept.

The Law of the Sea and Polar Maritime Delimitation and Jurisdiction
The Law of the Sea and Polar Maritime Delimitation and Jurisdiction

Author: Alex G. Oude Elferink

Publisher: Martinus Nijhoff Publishers

Published: 2001-10-17

Total Pages: 424

ISBN-13: 9789041116482

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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.

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.

The Stockholm Declaration and Law of the Marine Environment
The Stockholm Declaration and Law of the Marine Environment

Author: Myron H. Nordquist

Publisher: BRILL

Published: 2021-10-18

Total Pages: 478

ISBN-13: 9004481583

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This collection of essays commemorates the Thirtieth Anniversary of the 1972 Stockholm Declaration on the Human Environment. The opening presentation is by the distinguished former Foreign Minister of Sweden, Dr. Hans Blix, a primary author of the Stockholm Declaration. A second keynote abstract is by Professor Bjorn Lomborg, the renowned author of The Skeptical Environmentalist. The third keynote essay is by the United Nations Under Secretary-General of Legal Affairs, Hans Correl. The remainder of the volume includes contributions by six judges from the International Tribunal for the Law of the Sea, the Secretary-General of the International Seabed Authority, senior representatives from the Food and Agriculture Organization, International Maritime Organization, World Bank, Swedish Foreign Ministry and United States Department of State along with 25 professors and environmental law experts from 15 countries. The collection provides a comprehensive, in-depth review of the historic achievement as well as current relevance of the 1972 Stockholm Declaration as a landmark achievement in international environmental law.