The Implications Of The Concept Of Equity In The New Law Of The Sea
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The Implications Of The Concept Of Equity In The New Law Of The Sea
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Author : Timo Knaebe
language : en
Publisher: GRIN Verlag
Release Date : 2006-08-10
The Implications Of The Concept Of Equity In The New Law Of The Sea written by Timo Knaebe and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-10 with Law categories.
Research Paper (undergraduate) from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: B+, University of Dar es Salaam (Faculty of Law), course: Law of the Sea, language: English, abstract: Equity as a legal concept is a direct emanation of the idea of justice. It was however a long time, before this understanding broke way in municipal law, let alone that it became accepted by a majority in Public International Law, as the lawyers [in England] had a maxim that they would tolerate a ‘mischief’ [a failure of substantial justice in a particular case] rather than an ‘inconvenience’ [a breach of legal principle]. The parties to the case were however mostly not satisfied with such ‘inconvenience’ resulting from the ‘hard nosed’ municipal Common Law and started to seek redress from a higher authority — in this case the King of England. This (royal) remedy is based on the concept of ‘Equity,’ which — as understood in this paper — was applied to correct unjust outcomes and referred to considerations of fairness, and reasonableness. Eventually, the foremost municipal concept of Equity found entry into international jurisprudence. However, mostly civil law countries — whose approach towards Equity was and is more reluctant — were challenging this understanding, arguing that the Court “should work on the basis of existing rights,” in Public International Law a distinction of different ‘Equities’ was developed. As will be shown, the usage of some of these ‘Equities’ is highly controversial, whereas others are today nearly commonly accepted as part of today’s Public International Law.
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.
The Function Of Equity In International Law
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Author : Catharine Titi
language : en
Publisher: Oxford University Press
Release Date : 2021-06-11
The Function Of Equity In International Law written by Catharine Titi 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 2021-06-11 with Law categories.
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
The New Law Of The Sea
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Author : Karin Hjertonsson
language : en
Publisher:
Release Date : 1973
The New Law Of The Sea written by Karin Hjertonsson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Coastwise navigation categories.
'A study of the law on coastal jurisdiction as it has emerged in Latin America and its impact on present and future law'
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.
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
New Knowledge And Changing Circumstances In The Law Of The Sea
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Author : Tomas Heidar
language : en
Publisher: BRILL
Release Date : 2020-09-07
New Knowledge And Changing Circumstances In The Law Of The Sea written by Tomas Heidar and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-07 with Law categories.
New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Assessing Impacts Of New Ocean Law
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Author : E. Wenk
language : en
Publisher:
Release Date : 1976
Assessing Impacts Of New Ocean Law written by E. Wenk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Law of the sea categories.
Gender And The Law Of The Sea
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Author : Irini Papanicolopulu
language : en
Publisher: BRILL
Release Date : 2019-05-07
Gender And The Law Of The Sea written by Irini Papanicolopulu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-07 with Law categories.
Gender and the Law of the Sea successfully establishes the relevance of gender at sea and posits that feminist perspectives can help develop a more inclusive law for the oceans.
Equitable Principles Of Maritime Boundary Delimitation
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Author : Thomas Cottier
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30
Equitable Principles Of Maritime Boundary Delimitation written by Thomas Cottier 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 2015-04-30 with Business & Economics categories.
Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.
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.