The Principle Of Common Heritage Of Mankind In The New Law Of The Sea An African Perspective Based On Nasila S Rembe S Work
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The Principle Of Common Heritage Of Mankind In The New Law Of The Sea An African Perspective Based On Nasila S Rembe S Work
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Author : Timo Knaebe
language : en
Publisher: GRIN Verlag
Release Date : 2007-08
The Principle Of Common Heritage Of Mankind In The New Law Of The Sea An African Perspective Based On Nasila S Rembe S Work 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 2007-08 with 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, 66 entries in the bibliography, language: English, abstract: Hailed as a milestone in the development of international relations and sparked by the remarks of the Ambassador of Malta - Arvid Pardo - at the United Nations General Assembly, besides the 1982 United Nations Convention on the Law of the Sea, the principle of Common Heritage of Mankind found entry in numerous international treaties. Changing the conception of the Freedom of the High Seas as brought about some 400 years ago by Dutch Lawyer Hugo Grotius and 'ruling the world' ever since, this paper analyzes the legal significance of the principle from an African perspective. Based on the notions brought forward by the Group of 77, of which the African contribution to the Third United Nations Conference on the Law of the Sea was part, Nasila S. Rembe formulated the following African demands for the translation of the concept of Common Heritage of Mankind into the envisaged New Law of the Sea. These are namely: the usage of the seabed for exclusively peaceful purposes, ensuring the rational exploitation of the resources, and the minimization of likely adverse economic effects. Following the historical developments between the 1958 Geneva Conventions and the aftermath of the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea, adopted as United Nations General Assembly Resolution 48/263, the paper examines the legal character of the principle of Common Heritage of Mankind in different stages and to which extend the African demands were met. The significant changes mainly to Part XI of the 1982 United Nations Convention on the Law of the Sea brought about by the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United N
The Principle Of Common Heritage Of Mankind In The New Law Of The Sea An African Perspective Based On Nasila S Rembe S Work
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Author : Timo Knaebe
language : en
Publisher: GRIN Verlag
Release Date : 2006-08-10
The Principle Of Common Heritage Of Mankind In The New Law Of The Sea An African Perspective Based On Nasila S Rembe S Work 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: Hailed as a milestone in the development of international relations and sparked by the remarks of the Ambassador of Malta — Arvid Pardo — at the United Nations General Assembly, besides the 1982 United Nations Convention on the Law of the Sea, the principle of Common Heritage of Mankind found entry in numerous international treaties. Changing the conception of the Freedom of the High Seas as brought about some 400 years ago by Dutch Lawyer Hugo Grotius and ‘ruling the world’ ever since, this paper analyzes the legal significance of the principle from an African perspective. Based on the notions brought forward by the Group of 77, of which the African contribution to the Third United Nations Conference on the Law of the Sea was part, Nasila S. Rembe formulated the following African demands for the translation of the concept of Common Heritage of Mankind into the envisaged New Law of the Sea. These are namely: the usage of the seabed for exclusively peaceful purposes, ensuring the rational exploitation of the resources, and the minimization of likely adverse economic effects. Following the historical developments between the 1958 Geneva Conventions and the aftermath of the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea, adopted as United Nations General Assembly Resolution 48/263, the paper examines the legal character of the principle of Common Heritage of Mankind in different stages and to which extend the African demands were met. The significant changes mainly to Part XI of the 1982 United Nations Convention on the Law of the Sea brought about by the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea — which however let to the universal international accession to the New Law of the Sea — are seen as disadvantageous to the African aspirations for a new international economic order. Concluding, this work contents that today’s New Law of the Sea has rendered the Principle of Common Heritage of Mankind to an empty term by — albeit its prominent position — eliminating any binding effect on the states, thus severing itself from the idea of an international utility and returning to the “Old” Law of the Sea.
Africa And The International Law Of The Sea
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Author : Nasila S. Rembe
language : en
Publisher: BRILL
Release Date : 1980
Africa And The International Law Of The Sea written by Nasila S. Rembe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Antarctica & the Southern Ocean cover one-tenth of the earth's surface. In a legal & environmental sense, Antarctica represents the geography of hope. It is the freshest & most pristine of regions, governed by a legal regime that offers Antarctica & its circumpolar water the unique possibility of becoming the world's first global wilderness preserve. But in today's age of resource scarcity, Antarctica still provokes much political, economic & legal debate. Over the past decade, international attention has increasingly focused on the legal status of the continent, the potential for hydrocarbon exploitation offshore, & opportunities for harvesting circumpolar living marine resources. In this fascinating treatment, Christopher C. Joyner undertakes the first serious examination of the intimate relationship between Antarctica & the law of the sea. Using Antarctica as a case study, Joyner probes large conceptual issues of ocean law & politics. He uses the intricate details of oceanography & law to unravel the dynamics of the Antarctic Treaty System. In doing so, he examines how the changing importance of Antarctic issues has affected the development of the law of the sea for the region, the ways in which states define their national interests, & the accommodation through various negotations that have contributed to the development of law for governing the Southern Ocean. While the study of law for the Antarctic is provocative in itself, this work goes much farther. The study critically analyzes the region's biogeography, the condition of sovereignty on the continent, the lawfulness of asserting jurisdictional zones offshore, & various legal implications for Antarctica's continental shelf, local island groups, circumpolar deep seabed, & the Southern Ocean's high seas. Moreover, the special legal efforts by the international community to protect the Antarctic seas from marine pollution & to conserve its living marine resources are comprehensively appraised. Thorough, authoritative, & objectively reasoned, Antarctica & the Law of the Sea provides an insightful assessment of how law can progressively develop for a resource-rich region of the world's ocean. As such, it should appeal to a broad range of international lawyers & social scientists who are interested in international relations, political economy, environmental politics, & the law of the sea.
Africa And The International Law Of The Sea
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Author : N.S. Rembe
language : en
Publisher: BRILL
Release Date : 2022-07-11
Africa And The International Law Of The Sea written by N.S. Rembe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-11 with Law categories.
Cries Of The Sea
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Author : Peter Bautista Payoyo
language : en
Publisher: BRILL
Release Date : 2021-09-27
Cries Of The Sea written by Peter Bautista Payoyo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources `the common heritage of mankind'. The author suggests that the terms `common', `heritage', and `humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of `the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.
Africa And The Deep Seabed Regime Politics And International Law Of The Common Heritage Of Mankind
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Author : Edwin Egede
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-22
Africa And The Deep Seabed Regime Politics And International Law Of The Common Heritage Of Mankind written by Edwin Egede and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-22 with Law categories.
This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.
The Common Heritage Of Mankind
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Author : Lihai Zhao
language : en
Publisher:
Release Date : 1990
The Common Heritage Of Mankind written by Lihai Zhao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Ocean bottom categories.
The Law Of The Sea
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Author : James B. Morell
language : en
Publisher:
Release Date : 1992
The Law Of The Sea written by James B. Morell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with History categories.
The Law Of The Sea
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Author : United Nations. Division for Ocean Affairs and the Law of the Sea
language : en
Publisher:
Release Date : 1996
The Law Of The Sea written by United Nations. Division for Ocean Affairs and the Law of the Sea and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Legislative history of Articles 133 to 150 and 311(6) of the United Nations Convention on the Law of the Sea.
Global Commons And The Law Of The Sea
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Author : Keyuan Zou
language : en
Publisher: Maritime Cooperation in East A
Release Date : 2018
Global Commons And The Law Of The Sea written by Keyuan Zou and has been published by Maritime Cooperation in East A this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Global commons and the law of the sea : an introduction / Keyuan Zou -- Applying the principle of the common heritage of mankind : an east asian perspective / Seokwoo Lee and Jeong Woo Kim -- The principle of the common heritage of mankind can be applied to marine genetic resources / Yao Huang and Changshun Hu -- U.S. maritime claims and establishment of marine national monuments in the Pacific Ocean : a preliminary study of the question concerning possible encroachment of the global commons / Yann- huei Song -- Rethinking high seas fishing freedoms : how high seas duties are catching up / Warwick Gullett and Quentin Hanich -- Evolution of Soviet maritime navigation policy and China's far seas operations / J. Ashley Roach -- Exploring the deep frontier : deep sea mining opportunities and challenges in the Pacific / Clive Schofield -- Deep seabed mining: environmental concerns and improvement of regulations / Julia Guifang Xue and Xiangxin Xu -- The continental shelf beyond 200 nautical miles and its superjacent waters : a hybrid legal regime within and beyond national jurisdiction / David M. Ong -- An unfinished agenda : governance of areas beyond national jurisdiction / David Freestone -- Areas beyond national jurisdiction : towards the end of the mediterranean paradox? / Lorenzo Schiano di Pepe -- The international seafood sustainability foundation and high seas fisheries conservation : the potential of private governance for managing public resources in the global commons / Anastasia Telesetsky -- International governance on marine geo-engineering for climate change mitigation / Gi Hoon Hong and Young Joo Lee -- The obligation of due diligence in regulating the marine genetic resources in areas beyond national jurisdiction / Hua Zhang -- The development of the polar code and challenges to its implementation / Zhen Sun and Robert Beckman -- Protecting the commons in the polar south : progress and prospects for marine protected areas in the Antarctic / Karen N. Scott