The Rights and Obligations of States in Disputed Maritime Areas
The Rights and Obligations of States in Disputed Maritime Areas

Author: Youri van Logchem

Publisher: Cambridge University Press

Published: 2023-05-11

Total Pages: 0

ISBN-13: 9781108821629

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Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.

Historic Waters and Historic Rights in the Law of the Sea
Historic Waters and Historic Rights in the Law of the Sea

Author: Clive R. Symmons

Publisher: BRILL

Published: 2019-03-27

Total Pages: 471

ISBN-13: 9004377026

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The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.

The Republic Afloat
The Republic Afloat

Author: Matthew Taylor Raffety

Publisher: University of Chicago Press

Published: 2013-03-04

Total Pages: 286

ISBN-13: 0226924009

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In the years before the Civil War, many Americans saw the sea as a world apart, an often violent and insular culture governed by its own definitions of honor and ruled by its own authorities. The truth, however, is that legal cases that originated at sea had a tendency to come ashore and force the national government to address questions about personal honor, dignity, the rights of labor, and the meaning and privileges of citizenship, often for the first time. By examining how and why merchant seamen and their officers came into contact with the law, Matthew Taylor Raffety exposes the complex relationship between brutal crimes committed at sea and the development of a legal consciousness within both the judiciary and among seafarers in this period. The Republic Afloat tracks how seamen conceived of themselves as individuals and how they defined their place within the United States. Of interest to historians of labor, law, maritime culture, and national identity in the early republic, Raffety’s work reveals much about the ways that merchant seamen sought to articulate the ideals of freedom and citizenship before the courts of the land—and how they helped to shape the laws of the young republic.

Humanity at Sea
Humanity at Sea

Author: Itamar Mann

Publisher: Cambridge University Press

Published: 2016-09-29

Total Pages: 265

ISBN-13: 1107148766

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This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.

The Maritime Rights Movement, 1919-1927
The Maritime Rights Movement, 1919-1927

Author: Ernest R. Forbes

Publisher: McGill-Queen's Press - MQUP

Published: 1979

Total Pages: 264

ISBN-13: 9780773503304

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This book provides the first full account of a major social and political movement of the interwar years in Canada: the campaign for "Maritime Rights" which erupted in the Atlantic provinces after World War I. Ernest R. Forbes traces the history of the movement from its origins in the decline in relative status and influence of the Maritimes that accompanied the rise of the West and the growing dominance of the Central Canadian metropolises.

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.

Non-state Actors' Rights in Maritime Delimitation
Non-state Actors' Rights in Maritime Delimitation

Author: Marianthi Pappa

Publisher:

Published: 2021

Total Pages: 219

ISBN-13: 9781108799829

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Most of the world's maritime boundary disputes involve privately held rights - relating to such matters as fishing, petroleum exploration and scientific research - that states have unilaterally granted to non-state actors in areas of overlapping national claims. An international lawyer would typically investigate the legality of a state's decision to create such rights without notifying or consulting its neighbour, and the legal consequences this action would have for the interests of the states concerned. Departing from this approach, Dr Marianthi Pappa examines such situations from the perspective of the non-state actors: what will happen to private rights in a disputed maritime area if it changes hands from state A to state B due to a subsequent delimitation treaty or judgment? Does the legal framework of maritime delimitation protect those rights effectively against a potential reallocation? To address these questions, the book considers the place that private rights have in land boundary-making.