Author : Clive Ralph Symmons
Publisher :
Page : 288 pages
File Size : 14,93 MB
Release : 1993
Category : Law
ISBN :
This text examines the law relating to the extent of coastal waters; fishery jurisdiction; the definition and extent of the continental shelf; activities of foreign warships, particularly submerged submarines in the Irish Sea; coastal State control over migratory fish such as salmon; marine pollution; and the question of maritime boundaries around Ireland, both in respect of the continental shelf and 200-mile fishery zones.
Author : Laura Pineschi
Publisher : BRILL
Page : 616 pages
File Size : 24,18 MB
Release : 2021-09-27
Category : Law
ISBN : 9004481699
The United Nations Convention on the Law of the Sea of 10 December 1982 entered into force on 16 November 1994. Since this date a single binding instrument has regulated the rights and duties of States at sea and regarding the sea. New concepts, such as the exclusive economic zone, archipelagic waters, transit passage through straits, and the International Seabed Area, are now fully recognized. The fifteen member States of the European Union are a significant sample for analyzing the practice of States, or at least that of the Western industrialized States, as regards the law of the sea. They include major and small maritime powers, coastal and land-locked States, States with coasts on the Atlantic Ocean and States with coasts on semi-enclosed seas such as the Baltic and the Mediterranean, States with and without involvement in deep seabed mining and States with different interests as regards fisheries. The fact that they all belong to the European Union is a very important common feature, which amply justifies the choice made to study them together. The book's aim is to give, through essays prepared by well-known specialists, a detailed survey of the attitudes and practice concerning the law of the sea of the member States of the European Union and of the European Community as such. The common positions of the member States and the results of their coordinated action also emerge from these essays. The fact that the member States and the European Community are now actively engaged in the process of becoming parties to the Law of the Sea Convention is certainly a major contribution to the consolidation of the Convention as a universal instrument, or at least as an instrument widely ratified by States of all continents and economic and political interests.
Author : James K. Sebenius
Publisher : Harvard University Press
Page : 276 pages
File Size : 34,30 MB
Release : 1984
Category : Business & Economics
ISBN : 9780674606869
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.
Author : Clive R. Symmons
Publisher : BRILL
Page : 471 pages
File Size : 41,39 MB
Release : 2019-03-27
Category : Law
ISBN : 9004377026
The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.
Author : Mahon Hayes
Publisher :
Page : 0 pages
File Size : 36,35 MB
Release : 2011
Category : Ireland
ISBN : 9781904890720
This is the first book to present a narrative account, from the point of view of the Irish delegation, of the Third United Nations Conference on the Law of the Sea, which ran from 1973 to 1982. Over 150 nations participated in the Conference, which marked a major international effort to define the rights and duties of nations in the use of the world's oceans. Ireland played a key role in achieving international consensus on many of the intractable issues addressed at the Conference. The book presents an important case study of how a small, but effective, delegation from a relatively small country prepared for a major multilateral conference and developed and executed its national marine policy in a large conference with a complex and comprehensive agenda. Its focus is mainly on the issues at the Conference in which Ireland had a significant interest and/or in which the delegation played an active role. "The book is a rare treat in terms of the realities of negotiations at a global level on a multifaceted topic, which involved conflicting national objectives, complex legal, economic and technical matters, and the necessity of compromise." International Journal of Maritime History, June 2012, Vol. XXIV, No. 1
Author : Clive R. Symmons
Publisher : BRILL
Page : 378 pages
File Size : 14,80 MB
Release : 2011-06-09
Category : Law
ISBN : 9004204210
Drawing on papers presented at Trinity College, Dublin, in 2010, Selected Contemporary Issues in the Law of the Sea provides a cohesive discussion on various challenges involved with the law of the sea. International experts cover topics such as straight baselines, high seas/EEZ jurisdiction, the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas. In addition, Selected Contemporary Issues in the Law of the Sea delves into topics seemingly neglected in contemporary literature. The permissible use of artificial constructions as basepoints is discussed, for example, as are human rights issues involved in boarding non-flag ships; and in the context of piracy, issues such as the Japanese and NGO (Greenpeace) attitudes to current interventions (so-called ‘eco-piracy’) by NGO ships to prevent Japanese whaling activities in Antarctic waters.
Author : P. H. G. Vrancken
Publisher : Martinus Nijhoff Publishers
Page : 569 pages
File Size : 24,37 MB
Release : 2011-08-25
Category : Law
ISBN : 9004210059
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.
Author : Netherlands Institute for the Law of the Sea
Publisher : Martinus Nijhoff Publishers
Page : 682 pages
File Size : 32,6 MB
Release : 1987
Category : Law
ISBN : 9781853334559
This is the only independent collection of documents related to ocean affairs & the law of the sea, issued each year by international organizatios. It is arranged systematically & thereby gives the community of scholars & practitioners in ocean affairs & the law of the sea much improved access to essential documentation.
Author : David Freestone
Publisher : Martinus Nijhoff Publishers
Page : 230 pages
File Size : 20,95 MB
Release : 2013-01-23
Category : Law
ISBN : 9004245030
The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea.
Author : Netherlands Institute for the Law of the
Publisher : Martinus Nijhoff Publishers
Page : 677 pages
File Size : 12,19 MB
Release : 2023-08-28
Category : Business & Economics
ISBN : 9004634193
