Fifty Years of the Law of the Sea

Fifty Years of the Law of the Sea

Author: Shigeru Oda

Publisher: Martinus Nijhoff Publishers

Published: 2003-01-01

Total Pages: 862

ISBN-13: 9789041121769

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This book is a collection of articles, primarily on the law of the sea, by Judge Shigeru Oda, who has served three successive terms of office on the Bench of the International Court of Justice, for an unprecedented 27-year tenure as Judge. A pioneer in the field of the law of the sea in the early post-war period, Judge Oda has maintained an interest in his chosen field and this collection of his works, produced over a period beginning in 1955 and spanning nearly half a century, sheds light on the rapid development of the law of the sea during this period. Those interested in understanding the law of the sea as it now stands must also understand the process by which the law has evolved since the 1950s. This book also contains a special section of Judge Oda's writings on the International Court of Justice. These chapters are aimed at elucidating the procedure of the Court.


Fifty Years of the British Indian Ocean Territory

Fifty Years of the British Indian Ocean Territory

Author: Stephen Allen

Publisher: Springer

Published: 2018-05-30

Total Pages: 385

ISBN-13: 3319785419

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This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.


Ocean Law Debates

Ocean Law Debates

Author: Harry N. Scheiber

Publisher: BRILL

Published: 2018-07-17

Total Pages: 590

ISBN-13: 9004343148

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The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.


A Dual Approach to Ocean Governance

A Dual Approach to Ocean Governance

Author: Yoshifumi Tanaka

Publisher: Routledge

Published: 2016-03-23

Total Pages: 315

ISBN-13: 1317188314

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Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.


Property Rights in Blood, Genes and Data

Property Rights in Blood, Genes and Data

Author: Jasper A. Bovenberg

Publisher: Martinus Nijhoff Publishers

Published: 2006

Total Pages: 226

ISBN-13: 9004150536

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Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, "Jasper Bovenberg" provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia.


Judge Shigeru Oda and the Path to Judicial Wisdom

Judge Shigeru Oda and the Path to Judicial Wisdom

Author: Edward McWhinney

Publisher: BRILL

Published: 2006-07-01

Total Pages: 626

ISBN-13: 9047418085

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The present volume is the fourth in a series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a résumé and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.


The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea

Author: Donald Rothwell

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 1073

ISBN-13: 019871548X

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Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.


The Dead Sea Scrolls After Fifty Years, Volume 2

The Dead Sea Scrolls After Fifty Years, Volume 2

Author: James C VanderKam

Publisher: BRILL

Published: 1999-06-11

Total Pages: 846

ISBN-13: 9004676856

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The Dead Sea Scrolls after Fifty Years is being published to mark the fiftieth anniversary of the discovery of the first scrolls at Qumran. The two-volume set contains a comprehensive set of cutting-edge articles on a wide range of topics that are archaeological, historical, literary, sociological, or theological in character. Since the discovery of the first scrolls in 1947 an overwhelming number of studies has been published. Now, half a century later, nearly all scrolls found have been published in critical editions, and scholars can begin to assess the true relevance of the scrolls for the study of the Bible, Second Temple Judaism, and Early Christianity. The contributors to these volumes form an international team of leading specialists in the field. They have written critical surveys of particular aspects of Dead Sea Scrolls research, focusing on significant developments, theories and conclusions, while also indicating directions for future study.


The International Court of Justice

The International Court of Justice

Author: Muller

Publisher: BRILL

Published: 2023-07-24

Total Pages: 467

ISBN-13: 9004640878

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This is the third volume in the series by the Leiden Journal of International Law dealing with the Decade of International Law and International Dispute Settlement. In this book, the 50th anniversary of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as roles played by the Court. First and foremost, its role as a mechanism for the settlement of disputes is examined. The analysis goes beyond the traditional frontiers of disputes between states and also explores the possibilities of granting international organizations and individuals access to the Court. The second role that is looked into is its supervisory role, or, in other words, its possible role as supreme court in international law. Thirdly, the Court in its advisory function is examined. The last role that is focused upon is the Court in its role as developer of rules of international law. The book ends with a conclusion from both a legal and a political perspective.