Negotiating the Law of the Sea

Negotiating the Law of the Sea

Author: James K. Sebenius

Publisher: Harvard University Press

Published: 1984

Total Pages: 276

ISBN-13: 9780674606869

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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.


New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea

Author: Tomas Heidar

Publisher: BRILL

Published: 2020-09-07

Total Pages: 498

ISBN-13: 9004437754

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New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.


Kissinger the Negotiator

Kissinger the Negotiator

Author: James K. Sebenius

Publisher: HarperCollins

Published: 2018-05-08

Total Pages: 417

ISBN-13: 0062694197

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Foreword by Henry Kissinger In this groundbreaking, definitive guide to the art of negotiation, three Harvard professors—all experienced negotiators—offer a comprehensive examination of one of the most successful dealmakers of all time. Politicians, world leaders, and business executives around the world—including every President from John F. Kennedy to Donald J. Trump—have sought the counsel of Henry Kissinger, a brilliant diplomat and historian whose unprecedented achievements as a negotiator have been universally acknowledged. Now, for the first time, Kissinger the Negotiator provides a clear analysis of Kissinger’s overall approach to making deals and resolving conflicts—expertise that holds powerful and enduring lessons. James K. Sebenius (Harvard Business School), R. Nicholas Burns (Harvard Kennedy School of Government), and Robert H. Mnookin (Harvard Law School) crystallize the key elements of Kissinger’s approach, based on in-depth interviews with the former secretary of state himself about some of his most difficult negotiations, an extensive study of his record, and many independent sources. Taut and instructive, Kissinger the Negotiator mines the long and fruitful career of this elder statesman and shows how his strategies apply not only to contemporary diplomatic challenges but also to other realms of negotiation, including business, public policy, and law. Essential reading for current and future leaders, Kissinger the Negotiator is an invaluable guide to reaching agreements in challenging situations.


Elisabeth Mann Borgese and the Law of the Sea

Elisabeth Mann Borgese and the Law of the Sea

Author: Tirza Meyer

Publisher: Legal History Library

Published: 2022-03-24

Total Pages: 300

ISBN-13: 9789004503304

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In the late twentieth century, as the United Nations struggled to come up with a new legal system for the oceans, one woman saw the opportunity to promote radical new ideas of justice and internationalism. Ocean governance expert Elisabeth Mann Borgese (1918-2002) spent decades working with the United Nations Law of the Sea Convention. Throughout this sprawling series of global conferences, she navigated allegiances and enmities, intrigues and setbacks, fighting determinedly to develop a just ocean order.00Featuring extensive research and new interviews with Mann Borgese?s colleagues and family, this book explores timeless questions of justice and international collaboration and asks whether the extraordinary drive and vision of a single person can influence the course of international law. 00Also available in Open Access.


Marine Biodiversity of Areas Beyond National Jurisdiction

Marine Biodiversity of Areas Beyond National Jurisdiction

Author: Myron H. Nordquist

Publisher: Center for Oceans Law and Poli

Published: 2021

Total Pages: 349

ISBN-13: 9789004422414

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"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--


Law of the Sea Negotiations

Law of the Sea Negotiations

Author: United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Arms Control, Oceans, International Operations, and Environment

Publisher:

Published: 1981

Total Pages: 308

ISBN-13:

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Functional Jurisdiction in the Law of the Sea

Functional Jurisdiction in the Law of the Sea

Author: Maria Gavouneli

Publisher: BRILL

Published: 2007-12-31

Total Pages: 304

ISBN-13: 9047423186

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The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.


Modern Law of the Sea

Modern Law of the Sea

Author: David Anderson

Publisher: Martinus Nijhoff Publishers

Published: 2008

Total Pages: 646

ISBN-13: 900415891X

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These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea. Davis Anderson is a former legal adviser to the Foreign and Commonwealth Office (1960-1996) and judge of the International Tribunal for the Law of the Sea (1996-2005).


Sovereignty and the Sea

Sovereignty and the Sea

Author: John G. Butcher

Publisher: NUS Press

Published: 2017-03-24

Total Pages: 556

ISBN-13: 9814722219

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Until the mid-1950s nearly all the waters lying between the far-flung islands of the Indonesian archipelago were as open to the ships of all nations as the waters of the great oceans. In order to enhance its failing sovereign grasp over the nation, as well as to deter perceived external threats to Indonesia’s national integrity, in 1957 the Indonesian government declared that it had “absolute sovereignty” over all the waters lying within straight baselines drawn between the outermost islands of Indonesia. At a single step, Indonesia had asserted its dominion over a vast swathe of what had hitherto been seas open to all, and made its lands and the seas it now claimed a single unified entity for the first time. International outrage and alarm ensued, expressed especially by the great maritime nations. Nevertheless, despite its low international profile, its relative poverty, and its often frail state capacity, Indonesia eventually succeeded in gaining international recognition for its claim when, in 1982, the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” and declared that these states had sovereignty over their “archipelagic waters”. Sovereignty and the Sea explains how Indonesia succeeded in its extraordinary claim. At the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats. Largely because of their dogged persistence, negotiating skills, and willingness to make difficult compromises Indonesia became the greatest archipelagic state in the world.