The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.
Oceans The New Frontier explores how human community insistently pushes the oceans' limits, seeking to exploit all of their varied resources minerals, fisheries, fuels and genetic material. The ocean frontier is constantly being redefined by new discoveries, technologies, national strategies, and ecological imperatives. Increasing dependence of humanity on the resources of the oceans has blurred the boundaries between the mainland and oceans.As humanity's footprint extends, oceans are seeing intense conflicts between actors and issues. The book questions the ability of global governance to regulate access to resources and services provided by the oceans so as to protect the ocean ecosystems. The chapters show how the global governance system has not been adequately responsive while in many cases local initiatives have contributed the solutions. Special sites, like sea-ports, can provide levers for action.Oceans The New Frontier is part of a series of annual publications on sustainable development (A Planet for Life) prepared under the scientific leadership of leading figures in the field of sustainable development.
In The Poseidon Project, David Bosco tells the story of how rulers, merchants, navies, environmentalists, and activists have struggled to craft rules for the oceans. From the Dutch challenge to the Portuguese in the 17th century to the current turmoil in the South China Sea, it tracks the tension between efforts to control maritime space and the idea that the oceans should be unowned and open to all.
Material Worlds examines consumption from an archaeological perspective, broadly exploring the intersection of social relations and objects through the processes of production, distribution, use, reuse, and discard. Interrogating individual objects as well as considering the contexts in which acts of consumption take place, a range of case studies present the intertwined issues of power, inequality, identity, and community as mediated through choice, access, and use of the diversity of mass-produced goods. Key themes of this innovative volume include the relationship between colonial, political and economic structures and the practices of consumption, the use of consumer goods in the construction and negotiation of identity, and the dialectic between strategies of consumption and individual or community choices. Situating studies of consumerism within the field of historical archaeology, this exciting collection reflects on the interrelationship between the material and ideological aspects of culture. With a focus on North America from the seventeenth through the early twentieth centuries, Material Worlds is an important examination of consumption which will appeal to scholars with interests in colonialism, gender and race, as well as those engaged with the material culture of the emergent modern world.
The freedom of the seas -- meaning both the oceans of the world and coastal waters -- has been among the most contentious issues in international law for the past four hundred years. The most influential argument in favour of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 'Mare Liberum'. "The Free Sea" was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, "De Jure Praedae" ('On the Law of Prize and Booty'), which Grotius had written to defend the Dutch East India Company's capture in 1603 of a rich Portuguese merchant ship in the Straits of Singapore. This new edition publishes the only translation of Grotius's masterpiece undertaken in his own lifetime -- a work left in manuscript by the English historian and promoter of overseas exploration Richard Hakluyt (1552-1616). This volume also contains William Welwod's critque of Grotius (reprinted for the first time since the seventeenth century) and Grotius's reply to Welwod. Taken together, these documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. -- Back cover.