Geographical Change And The Law Of The Sea
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Geographical Change And The Law Of The Sea
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Author : Kate Purcell
language : en
Publisher:
Release Date : 2019
Geographical Change And The Law Of The Sea written by Kate Purcell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This book investigates the consequences of geographical change and climate change on State jurisdiction in the sea. It considers the effects of shifting coastlines on territorial sovereignty, population displacement, and the idea of 'legal extinction' of a State.
Geographical Change And The Law Of The Sea
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Author : Kate Purcell
language : en
Publisher: Oxford University Press
Release Date : 2019-12-19
Geographical Change And The Law Of The Sea written by Kate Purcell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-19 with Law categories.
This book examines the implications of geographical change for maritime jurisdiction under the law of the sea. In a multistranded intervention, it challenges existing accounts of the consequences of climate-related change for entitlement to maritime space, maritime limits, and international maritime boundaries. It also casts new light on the question of whether a loss of habitable land and large-scale population displacement will precipitate a loss of territorial sovereignty and the legal 'extinction' of affected States. This study of the legal significance of geographical change is grounded in an in-depth study of the role of geography in the law of the sea. As well as offering a new perspective on the pressing question of how climate change will affect maritime jurisdiction, territorial sovereignty, and statehood, the book contributes to the scholarship on maritime delimitation and international boundaries generally (on land and at sea). It includes an analysis of the principle of intertemporal law that suggests a useful framework for considering questions of stability and change in international law more broadly. This rigorous and original study will be of value to anyone concerned with the implications of climate-related change for maritime jurisdiction, territorial sovereignty, and statehood. Its broader analysis of the existing law and engagement with a range of doctrinal debates through the lens of the question of geographical change will be of interest to scholars and practitioners of the law of the sea, the law of territory, and the law relating to international boundaries.
Climate Change And Maritime Boundaries
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Author : Snjólaug Árnadóttir
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-09
Climate Change And Maritime Boundaries written by Snjólaug Árnadóttir and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-09 with Law categories.
Based on author's thesis (doctoral - University of Edinburgh, 2018).
International Law And Sea Level Rise
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Author : Davor Vidas
language : en
Publisher: BRILL
Release Date : 2019-03-27
International Law And Sea Level Rise written by Davor Vidas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-27 with Law categories.
This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.
New Knowledge And Changing Circumstances In The Law Of The Sea
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Author : Tomas Heidar
language : en
Publisher: Publications on Ocean Developm
Release Date : 2020
New Knowledge And Changing Circumstances In The Law Of The Sea written by Tomas Heidar and has been published by Publications on Ocean Developm this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
"During the four decades, that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity, the continental shelf, and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea as a consequence of global warming. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States. New Knowledge and Changing Circumstances in the Law of the Sea edited by Tomas Heidar, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges"--
Baselines Under The International Law Of The Sea
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Author : Coalter G. Lathrop
language : en
Publisher: BRILL
Release Date : 2019-03-27
Baselines Under The International Law Of The Sea written by Coalter G. Lathrop and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-27 with Law categories.
Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.
The International Law Of The Sea
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Author : Donald R Rothwell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-08-10
The International Law Of The Sea written by Donald R Rothwell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-10 with Law categories.
Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
Geographical Change And Maritime Limits In The Law Of The Sea
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Author : Kate Clara Purcell
language : en
Publisher:
Release Date : 2013
Geographical Change And Maritime Limits In The Law Of The Sea written by Kate Clara Purcell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law of the sea categories.
This study considers the implications of geographical change for unilaterally established maritime limits (baselines and zonal limits). The juridical significance of geographical change is suggested by 'a legal order for the seas and oceans' which refers to physical and human geography in connection with maritime entitlement and the spatial organisation of maritime jurisdiction. Yet apart from the introduction of Article 7(2) (the significance of which is discussed in Chapter 4), the implications of geographical change for maritime limits are not expressly addressed in the 1982 Convention on the Law of the Sea (UNCLOS). Of the four law of the sea treaties concluded in 1958, only the Convention on the Continental Shelf (CSC) alludes to the possibility of coastal geography changing over time, and only in connection with a boundary delimiting the shelf between opposite or adjacent States.The question of the implications of geographical change for maritime limits is foregrounded by the prospect of rising sea levels and more frequent and extreme weather events altering coastal geography and threatening the habitability of territory. That it should not be exclusively associated with climate-related change is, however, the first proposition of the present thesis and its point of departure. There is a tendency in the existing scholarship to emphasise the unprecedented and, as such, unanticipated character of climate change and its impacts on the oceans and coasts, encouraging the conclusion that the law relating to maritime limits is ill-equipped to respond and may even exacerbate its harms. This study argues that climate-related change is properly located within a broader category of geographical change affecting features playing a role in the construction and description of maritime limits. It challenges the dominant theory emerging from narrow studies of climate related change for maritime jurisdiction: the 'ambulatory thesis'. According to that thesis, maritime baselines and the zonal limits measured from them as a general rule either shift synchronously with a changing coastline or such change enlivens an obligation on the part of the coastal State to adjust them.This study examines the role of geography in unilateral maritime delimitation as a logically and legally prior step to consideration of the implications of geographical change for maritime limits. Part I challenges a reading of the baselines provisions as strict rules with an empirical trigger and determinate response, an interpretation which appears to have encouraged the.view that geographical circumstances dictate the location of maritime limits. It is argued that the law rather provides critical standards which operate as broad constraints on the construction of maritime limits by the coastal State-a task for which it is exclusively responsible and in respect of which a considerable degree of discretion is guaranteed. Part II critiques the specific arguments expressly advanced or implicitly relied upon in support of the ambulatory thesis. It develops a positive argument in support of the conclusion that while the coastal State is in most cases entitled to redraw established maritime limits, geographical change does not trigger a legal obligation to do so.
The Law Of The Sea And Climate Change
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Author : Elise Johansen
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
The Law Of The Sea And Climate Change written by Elise Johansen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Business & Economics categories.
Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.