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The Antarctic Treaty Regime

Author : Gillian D. Triggs

Publisher :

Page : 276 pages

File Size : 27,87 MB

Release : 1987-07-16

Category : Law

ISBN :

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Book Description

The Antarctic Treaty regime is a uniquely successful legal system which preserves Antarctica for peaceful purposes and guarantees freedom of scientific research. This volume based on an international conference, examines the legal, political and environmental issues that it raises. After setting the scene of the Antarctic environment, the early chapters discuss the legal issues involved in the Treaty. Later chapters consider protection of the marine environment and the regulation of mineral exploitation. The book concludes with a discussion of Antarctica and its development.



Antarctic Security in the Twenty-First Century

Author : Alan D. Hemmings

Publisher : Routledge

Page : 370 pages

File Size : 11,53 MB

Release : 2012-11-27

Category : Law

ISBN : 1136324755

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Book Description

The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. The book assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region. The contributions to this volume engage with a security discourse which has expanded beyond the traditional military domain to include notions of security from the perspective of economics, the environment and bio-security. This book provides a contemporary and innovative approach to Antarctic issues which will be of interest to scholars of international law, international relations, security studies and political science as well as policy makers, lawyers and government officials with an interest in the region.



International Law and the Antarctic Treaty System

Author : Arthur Watts

Publisher : Cambridge University Press

Page : 490 pages

File Size : 18,45 MB

Release : 1992-10

Category : Law

ISBN : 9780521463119

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Book Description

This book provides an invaluable up-to-date survey of the legal framework for Antarctic activities, written by an author with direct practical experience of the Antarctic Treaty system. Reflecting the increase of activity in the area, the work examines the basic Antarctic Treaty of 1959 and the subsequent major additional treaties and regulatory measures to provide a clear and authoritative picture of the Antarctic legal system as a whole. The author demonstrates how these legal arrangements make an important contribution to international law generally notwithstanding the unique characteristics that set Antarctica apart.



The IMLI Manual on International Maritime Law: The law of the sea

Author : David Joseph Attard

Publisher : Oxford University Press, USA

Page : 796 pages

File Size : 33,44 MB

Release : 2014

Category : Law

ISBN : 0199683921

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Book Description

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.



The Antarctic Treaty System

Author : Jeffrey D Myhre

Publisher : Routledge

Page : 160 pages

File Size : 38,94 MB

Release : 2019-07-11

Category : Law

ISBN : 1000314642

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Book Description

Because negotiations for the Antarctic Treaty were kept secret, the issues that shaped the treaty system have been poorly understood. Dr. Myhre breaks new ground by examining the records of the first Antarctic Treaty Consultative Meetings and evaluating the events of the Special Consultative Meetings on Antarctic Mineral Resources. Introducing the reader to Antarctic politics, Dr. Myhre examines legal and political problems arising from some nations' claims to sovereignty in Antarctica, reviews initial efforts to create an international administration for the region, and studies in detail the terms of the treaty and the rules of procedure for the consultative meetings. Turning to the diplomatic events that molded the treaty system, he concentrates on the issues that emerged in the 1960s: conservation, the role of Meetings of Experts, the position of the Scientific Committee on Antarctic Research within the treaty system, the obligations of acceding states to uphold previous agreements, and the Consultative Powers' failure to establish an Antarctic Secretariat. Finally, he reviews the two main challenges to the system's survival—mineral extraction and Third World opposition to the present structure.



Antarctica and the Law of the Sea

Author : Christopher C. Joyner

Publisher : Martinus Nijhoff Publishers

Page : 318 pages

File Size : 16,78 MB

Release : 1992-09-17

Category : Law

ISBN : 0792318234

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Book Description

This survey of maritime law as it applies to the Antarctic continent and surrounding seas, includes biogeography, sovereignty, offshore jurisdiction, the continental shelf, environmental protection and conservation, and the legal status of ice shelves, sea ice, icebergs and ice islands.



The Antarctic Legal Regime

Author : Christopher Clayton Joyner

Publisher : Martinus Nijhoff Publishers

Page : 302 pages

File Size : 32,40 MB

Release : 1988-07-28

Category : Law

ISBN : 9024736188

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Book Description

These three volumes contain a comprehensive & current documentation of sources of international environmental law (200 instruments) in a handy version. Several of these documents were never printed elsewhere. Volume 1 embodies the important declarations, resolutions or drafts of international organizations & bodies: 25 UNO/UNEP/FAO documents (including all UNEP-guidelines), 15 resolutions of the three recording bodies (International Law Association, Institut de Droit International & ILC), 14 ECE-Declarations/Recommendations, 32 OECD-Decisions/Recommendations, 10 Resolutions/Recommendations of the Council of Europe, 9 Declarations on Climate Change/Sustainable Development, 9 important Drafts (including the US-Restatement & the new ECE-Draft Convention on Transboundary Watercourses). Volumes 2 & 3 contain the bior multilateral agreements: 28 global or regional Agreements for the protection of seas (including the new Lisbon Convention & the Kingston Protocol), 17 Agreements of Regimes of European, American or African Rivers (including the Guidelines/Action Programmes for Lake Constance & Rhine, & the consolidated version of the Great Lakes Water Quality Agreement), 14 global & 9 regional Agreements for the protection of species & nature (including the new Protocol for the Antarctic), 2 Conventions for the protection of soils (control of wastes), 11 Agreements for the protection of air/atmosphere (including the new Geneva VOCs-Protocol) & documents for the Earth Summit (2 UN-Resolutions, Drafts of Earth Charter, Biodiversity & Climate Convention). Several documents are of 1991 (a few of December 1991). The volumes contain introductions to each part, references, basic data of the treaties, & three forewords ( G. Handl, H.D. Genscher & Prince Charles ).



The Arctic in International Law and Policy

Author : Kristina Schönfeldt

Publisher : Bloomsbury Publishing

Page : 1675 pages

File Size : 39,86 MB

Release : 2017-08-24

Category : Law

ISBN : 1509915796

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Book Description

The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.



The Law of the Sea and Polar Maritime Delimitation and Jurisdiction

Author : Alex G. Oude Elferink

Publisher : Martinus Nijhoff Publishers

Page : 424 pages

File Size : 39,66 MB

Release : 2001-10-17

Category : Law

ISBN : 9789041116482

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Book Description

The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the Law of the Sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the Law of the Sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones betweenm neighboring states) and jursidiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention of the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.



The Antarctic Environmental Protocol and Its Domestic Legal Implementation

Author : C. J. Bastmeijer

Publisher : Kluwer Law International B.V.

Page : 546 pages

File Size : 25,3 MB

Release : 2003-01-01

Category : Law

ISBN : 9041120645

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Book Description

A major step towards the comprehensive protection of the Antarctic environment is the adoption of the Protocol on Environmental Protection to the Antarctic Treaty in 1991. The Protocol entered into force in January 1998 and provides a comprehensive system of obligations and prohibitions addressing most types of activities in the region south of 60 degrees south latitude. However, because of the absence of undisputed sovereignty in Antarctica, the legal protection of the Antarctic environment depends on the collective efforts of the Contracting Parties to the Protocol. Have the Contracting Parties adequately incorporated the key provisions of the Protocol into their domestic legal systems? Will the complex of domestic legal systems of the Contracting Parties adequately ensure a 'comprehensive protection' of the 'natural reserve' of Antarctica, as specified by Article 2 of the Protocol? These questions are the subject of this book.