Maritime Boundary Disputes Settlement Processes And The Law Of The Sea
DOWNLOAD eBooks
Download Maritime Boundary Disputes Settlement Processes And The Law Of The Sea PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Maritime Boundary Disputes Settlement Processes And The Law Of The Sea book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Maritime Boundary Disputes Settlement Processes And The Law Of The Sea
DOWNLOAD eBooks
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.
A Practitioner S Guide To Maritime Boundary Delimitation
DOWNLOAD eBooks
Author : Stephen Fietta
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24
A Practitioner S Guide To Maritime Boundary Delimitation written by Stephen Fietta 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 2016-03-24 with Law categories.
This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Peaceful Management Of Maritime Disputes
DOWNLOAD eBooks
Author : James Kraska
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-23
Peaceful Management Of Maritime Disputes written by James Kraska and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.
International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.
Maritime Delimitation
DOWNLOAD eBooks
Author : Rainer Lagoni
language : en
Publisher: BRILL
Release Date : 2006
Maritime Delimitation written by Rainer Lagoni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
Maritime Delimitation As A Judicial Process
DOWNLOAD eBooks
Author : Massimo Lando
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-06
Maritime Delimitation As A Judicial Process written by Massimo Lando 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 2019-06-06 with Law categories.
The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Timor Leste Australia Conciliation The A Victory For Unclos And Peaceful Settlement Of Disputes
DOWNLOAD eBooks
Author : Phan Hao Duy
language : en
Publisher: World Scientific
Release Date : 2019-02-26
Timor Leste Australia Conciliation The A Victory For Unclos And Peaceful Settlement Of Disputes written by Phan Hao Duy and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-26 with Political Science categories.
On 11 April 2016, Timor-Leste initiated a compulsory non-binding conciliation proceeding against Australia under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS) on its maritime boundary dispute with Australia in the Timor Sea. On 6 March 2018, the parties signed a settlement treaty on the basis of the proposal of the Conciliation Commission. Two months later, the Conciliation Commission issued its report, marking the conclusion of the first ever conciliation proceeding under Annex V of UNCLOS.This book provides detailed analyses of the proceedings and a step-by-step account of the conciliation process, as well as its wider implications for dispute settlement under UNCLOS and beyond. The various chapters explore a wide range of issues, including an overview of conciliation as a means of dispute settlement and the conciliation procedure in UNCLOS, as well as the origins and historical background of the maritime boundary dispute between Timor-Leste and Australia. The book also provides a comprehensive examination of each step of the conciliation proceedings, including the role of the Conciliation Commission, the Conciliation Commission's Decision on Competence, the issue of joint development, and the Maritime Boundaries Treaty, which Timor-Leste and Australia concluded as the legal outcome of the conciliation proceedings. Critically, the book offers insightful perspectives from Australia and Timor-Leste on the conciliation process. The book is an important contribution to the research and analysis of the Timor Sea conciliation. As one of the first books on the case, it will raise awareness and bring more familiarity with conciliation as a viable and effective dispute settlement process, thereby encouraging states to consider conciliation as a means to settle their disputes.
Maritime Boundary Delimitation The Case Law
DOWNLOAD eBooks
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.
Unresolved Border Land And Maritime Disputes In Southeast Asia
DOWNLOAD eBooks
Author : Alfred Gerstl
language : en
Publisher: BRILL
Release Date : 2016-11-14
Unresolved Border Land And Maritime Disputes In Southeast Asia written by Alfred Gerstl and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-14 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.
Judging The Law Of The Sea
DOWNLOAD eBooks
Author : Natalie Klein
language : en
Publisher: Oxford University Press
Release Date : 2022-11-10
Judging The Law Of The Sea written by Natalie Klein 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 2022-11-10 with Law categories.
The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.
Maritime Disputes And International Law
DOWNLOAD eBooks
Author : Constantinos Yiallourides
language : en
Publisher: Routledge
Release Date : 2019-05-20
Maritime Disputes And International Law written by Constantinos Yiallourides and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.