Timor Leste Australia Conciliation The A Victory For Unclos And Peaceful Settlement Of Disputes
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Timor Leste Australia Conciliation The A Victory For Unclos And Peaceful Settlement Of Disputes
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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.
The Timor Leste Australia Conciliation
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Author : Hao Duy Phan
language : en
Publisher:
Release Date : 2019
The Timor Leste Australia Conciliation written by Hao Duy Phan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Australia categories.
The Changing Character Of International Dispute Settlement
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Author : Russell Buchan
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-21
The Changing Character Of International Dispute Settlement written by Russell Buchan 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 2023-12-21 with Law categories.
The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.
A Bridge Over Troubled Waters
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Author : Helene Ruiz Fabri
language : en
Publisher: BRILL
Release Date : 2020-10-12
A Bridge Over Troubled Waters written by Helene Ruiz Fabri and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-12 with Law categories.
A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.
The International Tribunal For The Law Of The Sea
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Author : Kriangsak Kittichaisaree
language : en
Publisher: Oxford University Press
Release Date : 2021-01-21
The International Tribunal For The Law Of The Sea written by Kriangsak Kittichaisaree 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 2021-01-21 with Law categories.
Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.
Peaceful Management Of Maritime Disputes
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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.
By Peaceful Means
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Author : Charles N. Brower
language : en
Publisher: Oxford University Press
Release Date : 2024-01-18
By Peaceful Means written by Charles N. Brower 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 2024-01-18 with Law categories.
Distinguished scholars and practitioners commemorate and expand upon the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future.
Countering Coercion In Maritime Asia
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Author : Michael Green
language : en
Publisher: Rowman & Littlefield
Release Date : 2017-05-24
Countering Coercion In Maritime Asia written by Michael Green and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-24 with Political Science categories.
In the past decade, tensions in Asia have risen as Beijing has become more assertive in maritime disputes with its neighbors and the United States. Although taking place below the threshold of direct military confrontation, China’s assertiveness frequently involves coercive elements that put at risk existing rules and norms; physical control of disputed waters and territory; and the credibility of U.S. security commitments. Regional leaders have expressed increasing alarm that such “gray zone” coercion threatens to destabilize the region by increasing the risk of conflict and undermining the rules-based order. Yet, the United States and its allies and partners have struggled to develop effective counters to China’s maritime coercion. This study reviews deterrence literature and nine case studies of coercion to develop recommendations for how the United States and its allies and partners could counter gray zone activity.
Conflict Management And Dispute Settlement In East Asia
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Author : Ramses Amer
language : en
Publisher: Routledge
Release Date : 2016-05-23
Conflict Management And Dispute Settlement In East Asia written by Ramses Amer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Australia And The United Nations
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Author : James Cotton
language : en
Publisher: Longueville Books
Release Date : 2012
Australia And The United Nations written by James Cotton and has been published by Longueville Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Australia categories.
This landmark reference work is the first complete history of Australia and its relationship with, and role within, the United Nations. On 17 January 1946, when the United Nations Security Council held its inaugural session, an Australian representative, Norman Makin, presided.If all members adhered to the principles of the United Nations Charter, predicted Makin, the United Nations would become "a great power for the good of the world, bringing that freedom from fear, which is necessary before we can hope for progress and welfare in all lands". Australia and the United Nations traces how Australia committed itself to the United Nations project, from before the convening of the first United Nations Security Council until the eve of its election to a fifth term on that body. The book begins with Australian involvement with the organisation that preceded the United Nations, the League of Nations. It then analyses the role played by Australian Minister for External Affairs, HV Evatt, and his staff in framing the United Nations Charter at San Francisco in 1945. Three chapters analyse Australia's diplomacy towards the Security Council, its efforts in peacekeeping, and evolving policies and attitudes towards arms control and disarmament. Two chapters discuss Australia's engagement with the United Nations' manifold specialised agencies and the role of the broader UN family in development. Another two chapters are devoted to a study of Australia's role in areas of United Nations operation only dimly foreseen by its founders at San Francisco-decolonisation and the environment. The two final chapters examine Australia's contribution to the promotion of human rights and international law and the important role it has played seeking to improve the United Nations' performance to equip it to meet new challenges in global politics. Australia and the United Nations tells us what was done in the past, and why. It is essential reading for anyone who wants to better understand Australia's multilateral diplomacy, and our future choices.