South Africa and the Law of the Sea brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework.
The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.
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 Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world’s oceans and their management. Organized into two major sections, Part l presents the findings of senior-level experts addressing the fact that the United States is not a Party to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Brought together on the occasion of the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), panels considered the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development, including the undersea cable industry, as well as ramifications for U.S. national security and navigational rights. Part ll of the volume examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of experts, the work brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP. Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.
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.
Now fully revised and expanded, this is the only available bibliography on the subject of "land-lockedness" and its effects on economic development. Reflecting its expanded title, this new edition includes not only updated information on the plight of land-locked countries, but also their current levels of economic development and their role in international law, such as the International Law of the Sea, Kyoto Protocol on Greenhouse Gas Emissions, and international pipeline agreements. The volume lists thousands of primary and secondary source materials for research, including books, monographs, journals, governmental reports, NGO publications, and unpublished materials. The book is truly international in scope, with listings in 29 languages.
The Belt and Road Initiative (BRI) put forward by China in 2013 includes the land-based ‘Silk Road Economic Belt’ and the ocean-based ‘21st-Century Maritime Silk Road’ (MSR) which focuses on the promotion of cooperation between States along the Belt and the Road. As the UN Convention on the Law of the Sea (LOSC) has established the global maritime order, all ocean-related activities generating from the BRI projects along the MSR are in principle subject to the LOSC governance. The Belt and Road Initiative and the Law of the Sea discusses the use of oceans in the context of BRI covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea. It also examines the BRI challenges and difficulties in the maritime domain.