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The Limits of Maritime Jurisdiction
The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.
How Interpretation Makes International Law
An account of how the practice of interpretation makes international law, drawing specific attention to the increasing authority of international courts and institutions, this book analyses the role that the language plays in shaping international law. It addresses the key issue of how it contributes to the evolution of international norms.
The Netherlands in Court
The work of legal practitioners in the field of international law, particularly when working in a ministry of foreign affairs, takes place at the crossroads of international relations and international law. The legal advisers of ministries of foreign affairs provide advice on the content of international law, and how it should be interpreted and applied in a particular situation. Since Johan Lammers became Legal Adviser, the Netherlands – quite unexpectedly – was increasingly facing situations in which it would become involved in litigation concerning international law. The first essays in this collection deal with actual or potential interstate disputes involving the Netherlands before ...
The Law of the Sea
The United Nations Convention on the Law of the Sea of 10 December 1982 entered into force on 16 November 1994. Since this date a single binding instrument has regulated the rights and duties of States at sea and regarding the sea. New concepts, such as the exclusive economic zone, archipelagic waters, transit passage through straits, and the International Seabed Area, are now fully recognized. The fifteen member States of the European Union are a significant sample for analyzing the practice of States, or at least that of the Western industrialized States, as regards the law of the sea. They include major and small maritime powers, coastal and land-locked States, States with coasts on the A...
Reaffirming Legal Ethics
It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This...
International Dispute Settlement: Room for Innovations?
This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
The South China Sea Disputes and Law of the Sea
South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual
Stress Testing the Law of the Sea
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
International Law and Ocean Use Management
This book places contemporary problems of ocean use management in historical context beginning with the time of Hugo Grotius, whose seminal 1609 work The Freedom of the Seas was the basis of ocean law for the next three centuries. Individual use problems are dealt with in detail and include overfishing, migrating fish stocks and fish wars, oil drilling, deep sea mining and marine pollution. Throughout the author notes the need to seek solutions in ocean management from a more integrated perspective. Emphasis is placed on the United Nations Conference on the Law of the Sea and the resulting agreements. This book therefore presents a unique breadth of view which will make it salient to policy makers, diplomats, scholars and ocean users.
