Historic Waters and Historic Rights in the Law of the Sea PDF Download

Author: Clive R. Symmons
Publisher: BRILL
ISBN: 9004377026
Category : Law
Languages : en
Pages : 471

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Book Description
This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.

Author: Clive Ralph Symmons
Publisher: Martinus Nijhoff Publishers
ISBN: 9004163506
Category : Law
Languages : en
Pages : 337

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Book Description
This work reassesses the doctrine, and status, of historic waters in the law of the sea, particularly in the light of recent developments, such as in" Alaska v. US" (2005), which case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law on the topic, including matters such as burden of proof.

Author: Clive Symmons
Publisher: BRILL
ISBN: 9047423755
Category : Law
Languages : en
Pages : 336

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Book Description
This work reassesses the doctrine, and status, of historic waters in the law of the sea, particularly in the light of recent developments, such as in Alaska v. US (2005), which case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law on the topic, including matters such as burden of proof.

Author: Clive Ralph Symmons
Publisher:
ISBN: 9789004377011
Category : Continental shelf
Languages : en
Pages : 0

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Book Description
This new edition discusses the important clarifications on historic maritime claims--particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.

Author: Dr Nong Hong
Publisher: Ashgate Publishing, Ltd.
ISBN: 147245295X
Category : Political Science
Languages : en
Pages : 369

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Book Description
UN Convention on the Law of the Sea and the South China Sea covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

Author: S. Jayakumar
Publisher: Edward Elgar Publishing
ISBN: 1788116275
Category : Law
Languages : en
Pages :

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Book Description
Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.

Author: Donald Rothwell
Publisher: Oxford Handbooks in Law
ISBN: 019871548X
Category : Law
Languages : en
Pages : 1073

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Book Description
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 900421772X
Category : Law
Languages : en
Pages : 997

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Book Description
Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

Author: Thomas Wemyss Fulton
Publisher: Good Press
ISBN:
Category : History
Languages : en
Pages : 564

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Book Description
This book is an attempt to bring together all the available information regarding the sovereignty of the British Seas. The author aimed to trace the development of territorial waters during his time, i.e., the early 1900s. The book is split into two sections, the first containing a historical account of the claims made to the authority of the sea; the second dealing with the relic of such claims. Thomas Wemyss Fulton originally undertook this work to deal only with the subjects related to the sea fisheries. It soon became apparent that restricting the scope would lead to multiple disadvantages and present only a partial picture. This brilliant work laid the foundation on which all future research concerning the history of the British Sea Fisheries is based.

Author: Scott Gerald Borgerson
Publisher: Council on Foreign Relations
ISBN: 0876094310
Category : History
Languages : en
Pages : 82

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Book Description
"May 2009."--T.p.