Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Author: Angela Del Vecchio

Publisher: Springer

Published: 2019-04-25

Total Pages: 437

ISBN-13: 3030107736

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This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.


Implementation of the United Nations Convention on the Law of the Sea

Implementation of the United Nations Convention on the Law of the Sea

Author: Dai Tamada

Publisher: Springer Nature

Published: 2021-04-02

Total Pages: 259

ISBN-13: 981336954X

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This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.


Ocean Law Debates

Ocean Law Debates

Author: Harry N. Scheiber

Publisher: BRILL

Published: 2018-03-22

Total Pages: 590

ISBN-13: 9004343148

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Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.


Law of the Sea, Environmental Law and Settlement of Disputes

Law of the Sea, Environmental Law and Settlement of Disputes

Author: Tafsir Malick Ndiaye

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 1237

ISBN-13: 9004161562

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This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.


The Law of the Sea

The Law of the Sea

Author: Nele Matz-Lück

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9780367549169

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"The Law of the Sea: Normative Context and Interactions with other Legal Regimes discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. The UN Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system, its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci requires a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. Connecting high quality research with new ideas and perspectives, this offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant"--


The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

Author: Alfonso Ascencio-Herrera

Publisher: Martinus Nijhoff Publishers

Published: 2022-04-19

Total Pages: 410

ISBN-13: 9004507388

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This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.


Building a New Legal Order for the Oceans

Building a New Legal Order for the Oceans

Author: Tommy Koh

Publisher: National University of Singapore Press

Published: 2020

Total Pages: 0

ISBN-13: 9789813250895

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"The UNCLOS has been called a constitution for the oceans and is critically important today in a world rocked by climate change and biodiversity loss, and where deep seabed resources are potentially of vital strategic importance. It is absolutely crucial to find new ways to manage the common heritage of mankind, while navigating the priorities and expectations of those who depend on the oceans. Equally, peace at sea is made possible by the UNCLOS. Koh discusses current threats to maritime security. He explains the intricacies of the disputes in the South China Sea and the success of maritime boundary conciliation between Australia and Timor-Leste. What can be learned from the success of UNCLOS? How can we build on that success, and manage the new tensions that arise in the Law of the Sea?"--Page 4 de la couverture.