The Antarctic Legal System
Author : Gianfranco Tamburelli
Publisher : Giuffrè Editore
Page : 278 pages
File Size : 42,19 MB
Release : 2008
Category : Law
ISBN : 8814142165
Author : Gianfranco Tamburelli
Publisher : Giuffrè Editore
Page : 278 pages
File Size : 42,19 MB
Release : 2008
Category : Law
ISBN : 8814142165
Author : Arthur Watts
Publisher : Cambridge University Press
Page : 490 pages
File Size : 47,91 MB
Release : 1992-10
Category : Law
ISBN : 9780521463119
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.
Author : Alan D. Hemmings
Publisher : Routledge
Page : 370 pages
File Size : 24,60 MB
Release : 2012-11-27
Category : Law
ISBN : 1136324755
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.
Author : Gianfranco Tamburelli
Publisher : Giuffrè Editore
Page : 230 pages
File Size : 21,97 MB
Release : 2006
Category : Law
ISBN : 8814131759
Author : Gillian D. Triggs
Publisher :
Page : 276 pages
File Size : 27,83 MB
Release : 1987-07-16
Category : Law
ISBN :
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.
Author : Kristina Schönfeldt
Publisher : Bloomsbury Publishing
Page : 1675 pages
File Size : 49,23 MB
Release : 2017-08-24
Category : Law
ISBN : 1509915796
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.
Author : C. J. Bastmeijer
Publisher : Kluwer Law International B.V.
Page : 546 pages
File Size : 24,11 MB
Release : 2003-01-01
Category : Law
ISBN : 9041120645
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.
Author : National Research Council
Publisher : National Academies Press
Page : 452 pages
File Size : 24,61 MB
Release : 1986-01-01
Category : Science
ISBN : 0309036402
The international agreements covering Antarctica are models of cooperation and joined purpose. Convening at the Beardmore South Field Camp, near the Transantarctic Mountains, the Polar Research Board studied the Antarctic Treaty System and its implications for improved relationships between countries. This study examines the structure, meaning, and international repercussions of the Antarctic Treaty, focusing on the ways it benefits both the scientific and political communities. Chapters cover the history, science, environment, resources, and international status of Antarctica.
Author : Alex G. Oude Elferink
Publisher : Martinus Nijhoff Publishers
Page : 424 pages
File Size : 38,12 MB
Release : 2001-10-17
Category : Law
ISBN : 9789041116482
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.
Author : Malgosia Fitzmaurice
Publisher : BRILL
Page : 433 pages
File Size : 45,46 MB
Release : 2016-05-23
Category : Law
ISBN : 9004313826
This publication gives an in-depth analysis of a very important but complex case before the International Court of Justice. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners. The Whaling in Antarctic case is a landmark case in international law. Contributors: Malgosia Fitzmaurice and Dai Tamada (eds.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.