Dispute Resolution In The Law Of The Sea

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Dispute Resolution In The Law Of The Sea
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Author : Igor V. Karaman
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-02-17
Dispute Resolution In The Law Of The Sea written by Igor V. Karaman and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-17 with Law categories.
Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.
The South China Sea Arbitration
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Author : S. Jayakumar
language : en
Publisher:
Release Date : 2018
The South China Sea Arbitration written by S. Jayakumar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Arbitration categories.
Bringing together leading experts on the law of the sea, this book provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. It examines major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. It also explores the implications of the case for the South China Sea disputes and dispute settlement under the 1982 United Nations Convention on the Law of the Sea.
Maritime Boundary Disputes Settlement Processes And The Law Of The Sea
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Author : Seoung Yong Hong
language : en
Publisher: BRILL
Release Date : 2009
Maritime Boundary Disputes Settlement Processes And The Law Of The Sea written by Seoung Yong Hong and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
The Law Of The Sea In The Caribbean
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Author : The Hon Justice Mr Winston Anderson
language : en
Publisher: BRILL
Release Date : 2022-01-21
The Law Of The Sea In The Caribbean written by The Hon Justice Mr Winston Anderson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-21 with Law categories.
A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.
Unresolved Border Land And Maritime Disputes In Southeast Asia
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Author : Alfred Gerstl
language : en
Publisher: Studies on East Asian Security
Release Date : 2016-11-25
Unresolved Border Land And Maritime Disputes In Southeast Asia written by Alfred Gerstl and has been published by Studies on East Asian Security this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Political Science categories.
In Unresolved Border, Land and Maritime Disputes in Southeast Asia the authors shed light on unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region, applying a wider regional and comparative perspective.
International Law And Marine Areas Beyond National Jurisdiction
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Author : Vito De Lucia
language : en
Publisher: BRILL
Release Date : 2022-01-31
International Law And Marine Areas Beyond National Jurisdiction written by Vito De Lucia and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Law categories.
The legal regime of marine areas beyond national jurisdiction (ABNJ) has received much attention in the last decades. The ongoing process in regards of an agreement on the conservation and sustainable use of marine biodiversity in ABNJ, initiated in the early 2000s (BBNJ process) is crucial evidence of this. However, this process reflects entrenched interests and political and legal structures, muting other voices and alternative approaches. International Law and Marine Areas beyond National Jurisdiction investigates competing constructions of ABNJ and their role in the creation and articulations of legal principles, which provides a broader perspective on the BBNJ process.
The South China Sea Arbitration
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Author : Stefan Talmon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-01
The South China Sea Arbitration written by Stefan Talmon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-01 with Law categories.
On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.
Maritime Boundary Delimitation The Case Law
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Author : Alex G. Oude Elferink
language : en
Publisher:
Release Date : 2018-03-15
Maritime Boundary Delimitation The Case Law written by Alex G. Oude Elferink and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-15 with Law categories.
Offers a comprehensive and systematical review of the case law on maritime delimitation, identifying various inconsistencies.
Theory Law And Practice Of Maritime Arbitration The Case Of International Contracts For The Carriage Of Goods By Sea
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Author : Eva Litina
language : en
Publisher:
Release Date : 2020
Theory Law And Practice Of Maritime Arbitration The Case Of International Contracts For The Carriage Of Goods By Sea written by Eva Litina and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Theory, Law and Practice of Maritime Arbitration' is a book that delves deep into the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. The author furnishes the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport the backbone of the global economy. Most disputes in the shipping industry are settled by distinctive, private, mystery-enshrouded arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. An in-depth analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved.