The Limits of Maritime Jurisdiction

The Limits of Maritime Jurisdiction

Author: Clive H. Schofield

Publisher: Martinus Nijhoff Publishers

Published: 2013-11-28

Total Pages: 812

ISBN-13: 9004262598

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The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.


The Future of the Law of the Sea

The Future of the Law of the Sea

Author: Gemma Andreone

Publisher: Springer

Published: 2017-03-30

Total Pages: 278

ISBN-13: 3319512749

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This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.


Navigational Servitudes

Navigational Servitudes

Author: Ralph J. Gillis

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 429

ISBN-13: 9004161554

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This work presents a new perspective on the role of States as reciprocal trustees for the Oceans Public Trust. The concept of the oceans and navigable waters as held in public trust is examined from its origins in the 17th century North Sea fisheries controversy with particular regard to the arguments by Selden and Grotius pertaining to State jurisdiction over oceans and marginal sea areas. Those arguments manifest an underlying common principle of navigational freedom reflected in the parallel public trust development of public rights to fishing and navigation as protected and preserved within the Royal Prerogative "jus publicum," The significance for the modern context is that the 1958 Geneva Conventions on the Law of the Sea, the 1982 United Nations Convention on the Law of the Sea and a myriad of other conventions now evidence an unstated but patent public trust in the communal responsibility of States within both the conventional and customary regime of the high seas, as well as in regimes for territorial seas and marginal sea areas as shared with extended coastal State jurisdictions. This book is intended to serve as a reference work for this somewhat arcane source of the Oceans Public Trust, and should prove a useful research source for those who study law of the sea.


The Maritime Political Boundaries of the World

The Maritime Political Boundaries of the World

Author: Victor Prescott

Publisher: BRILL

Published: 2005-01-01

Total Pages: 680

ISBN-13: 9047406206

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This book addresses the often vexed question of national maritime claims and the delimitation of international maritime boundaries. The number of undelimited international maritime boundaries is much larger than the number of agreed lines. The two boundaries that define the marine domain of coastal states are examined. First, the baselines along the coast may consist of low-water lines or straight lines or a combination of both. When straight lines are used they define the seaward limit of the state's internal waters. Second, the outer limits of claims to territorial seas, contiguous zones and exclusive economic zones are measured from the baselines. All states will have to delimit at least one international boundary with a neighbouring state, whether adjacent or opposite. In confined seas no state can claim the full entitlement and must negotiate international boundaries with all neighbours. Many states bordering oceans can claim the full entitlement seawards, although they will need to delimit national boundaries with adjacent neighbours.


Excessive Maritime Claims

Excessive Maritime Claims

Author: J. Ashley Roach

Publisher: Martinus Nijhoff Publishers

Published: 2012-06-22

Total Pages: 998

ISBN-13: 9004217738

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This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.


Excessive Maritime Claims

Excessive Maritime Claims

Author: J. Ashley Roach

Publisher: BRILL

Published: 2021-03-01

Total Pages: 951

ISBN-13: 9004443533

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The 4th edition of Excessive Maritime Claims updates material on state practice of the law of the sea since publication of the 3rd edition in 2012 and adds new material on islands and other maritime features.


Law of the Sea and Maritime Delimitation

Law of the Sea and Maritime Delimitation

Author: Angel Horna

Publisher: Taylor & Francis

Published: 2022-12-16

Total Pages: 231

ISBN-13: 1000800776

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The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea. It discusses the law of maritime delimitation and, through jurisprudence, the development of the three-stage methodology to describe and explain maritime delimitation agreements in Latin America and the Caribbean according to the method or methods of delimitation employed. It reviews maritime boundaries in Latin America and the Caribbean that were submitted to third-party adjudication as well as provisional arrangements, considering the role of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. With a renewed focus on maritime delimitation, and increasing litigation focused on Latin America and the Caribbean, the book will be of interest to students, academics and practitioners in the fields of international law, law of the sea, and State practice.