Stability And Change in the Law of the Sea PDF Download

Author: Alex G. Oude Elferink
Publisher: Martinus Nijhoff Publishers
ISBN: 900414613X
Category : Nature
Languages : en
Pages : 269

View

Book Description
This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.

Author: Rozemarijn J. Roland Holst
Publisher: BRILL
ISBN: 9004508554
Category : Law
Languages : en
Pages : 371

View

Book Description
This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.

Author: Davor Vidas
Publisher: BRILL
ISBN: 9004398198
Category : Law
Languages : en
Pages : 92

View

Book Description
This issue contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018.

Author: Snjólaug Árnadóttir
Publisher: Cambridge University Press
ISBN: 1009058428
Category : Law
Languages : en
Pages : 269

View

Book Description
Coastal States exercise sovereignty and sovereign rights in maritime zones, measured from their coasts. The limits to these maritime zones are bound to recede as sea levels rise and coastlines are eroded. Furthermore, ocean acidification and ocean warming are increasingly threatening coastal ecosystems, which States are obligated to protect and manage sustainably. These changes, accelerating as the planet heats, prompt an urgent need to clarify and update the international law of maritime zones. This book explains how bilateral maritime boundaries are established, and how coastal instability and vulnerable ecosystems can affect the delimitation process through bilateral negotiations or judicial settlement. Árnadóttir engages with core concepts within public international law to address emerging issues, such as diminishing territory and changing boundaries. She proposes viable ways of addressing future challenges and sets out how fundamental changes to the marine environment can justify termination or revision of settled maritime boundaries and related agreements.

Author: Chuxiao Yu
Publisher: BRILL
ISBN: 9004508597
Category : Law
Languages : en
Pages : 324

View

Book Description
This book examines the strength and limit of UNCLOS in regulating "modern" ocean data collection activities, and proposes possible regulatory arrangements that fill the gaps for regulation of the said activities, if any, in the Convention.

Author: Irina Buga
Publisher: Oxford University Press
ISBN: 019109191X
Category : Law
Languages : en
Pages : 375

View

Book Description
While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.

Author: Louis B. Sohn
Publisher: Martinus Nijhoff Publishers
ISBN: 9004203567
Category : Law
Languages : en
Pages : 1068

View

Book Description
This second edition of Cases and Materials on the Law of the Sea compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics.

Author: Elise Johansen
Publisher: Cambridge University Press
ISBN: 1108909760
Category : Law
Languages : en
Pages : 463

View

Book Description
Our oceans are suffering under the impacts of climate change. Despite the critical role that oceans play in climate regulation, international climate law and the law of the sea are developed as two different, largely separate, legal regimes. The main objective of this book is to assess how the law of the sea can be interpreted, developed and applied to support the objectives of the United Nations Climate Regime. By identifying the potential and constraints of the law of the sea regime in supporting and complementing the climate regime in the mitigation of and adaptation to climate change, this book offers a new perspective on the law of the sea and its capacity to evolve to respond to systemic challenges, and its potential to adapt and ensure a resilient and sustainable future.

Author: Freestone, David
Publisher: UNESCO Publishing
ISBN: 9231001590
Category :
Languages : en
Pages : 91

View

Book Description

Author: Nong Hong
Publisher: Routledge
ISBN: 1136277846
Category : Law
Languages : en
Pages : 282

View

Book Description
The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book’s central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overlapping maritime claims caused by the newly established maritime regimes authorized by UNCLOS are all contributing factors to the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at participation in the UNCLOS negotiations, maritime legislation, and the dispute settlement practice of relevant States party to the SCS dispute. The author goes on to explore the relationship between UNCLOS and the regimes and institutions in the SCS, particularly in regard to issues of maritime security, marine environment protection, joint development of oil and gas and general political interaction. The author proposes practical mechanisms to resolve the dispute whilst also offering a final judgement on the effectiveness of UNCLOS for settling disputes. UNCLOS and Ocean Dispute Settlement will be of particular interest to academics, students and policy makers of international, shipping and maritime law as well as being of interest to academics and students in the field of international relations.