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The Continental Shelf Beyond 200 Nautical Miles
In The Continental Shelf Beyond 200 Nautical Miles, Bjarni Már Magnússon explores various aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles and maritime boundary delimitations. Special emphasis is laid on the interplay between these processes and the role of coastal States, the Commission on the Limits of the Continental Shelf and international courts and tribunals in this regard. Magnússon convincingly argues that despite the possibility for tension to arise the relationship between the relevant institutions and processes is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
The Power of Process
The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.
Global Maritime Geopolitics
States must develop new approaches, maritime policies, strategies and tactics to cruise through the contemporary maritime politics. Soft power, as well as economic, commercial, and logistics factors are of critical importance in establishing marine power. It is critical to promote maritime-related products such as films, serials, literature and art, maritime journalism, and maritime photography as part of governmental policies. Marine and maritime security challenges are becoming more important in today’s world. As a result of all these developments, the preparation of a multidimensional and comprehensive work on the oceans and seas at the global level has been brought to the agenda. Our b...
Area-Based Management Tools and Marine Fisheries
This book provides a comprehensive review of Area-Based Management Tools (ABMTs) used in fisheries or affecting their performance in relation to biodiversity and related socio-economic issues. The prologue provides historical, mystic, philosophical, political, economic, and ecological points of view of ocean space since antiquity. The book describes the modern background of ABMTs, their role in living in harmony with nature; their human dimensions; their governance; the tensions they face; the role of the United Nations Convention on the Law of the Sea (UNCLOS) and that of the United Nations and other global policy frameworks. ABMTs are described thusly: definition; human dimensions; goals and objectives; old and new roles; possible typologies; tensions; synergies and complementarities; trade-offs; and effectiveness and related factors. Pathways to reduce tensions, mobilize synergies, and increase effectiveness are described. The perspectives offered are illustrated by a few case studies including an industry view.
Selected Contemporary Issues in the Law of the Sea
Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas
The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
A critical assessment of how UNCLOS dispute settlement bodies develop the law the sea and factors that explain such development.
The Institutional Dimension of the European Union's Area of Freedom, Security and Justice
Since the Treaty of Amsterdam the European Union's area of freedom, security and justice has become one of the most dynamic and fastest expanding European policy-making domains. This book brings out the dynamics of institutional change and their impact on policy-making.
The Internationalisation of Law
This insightful book explores the acute challenges presented by the .internationalisation. of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions. The authors have all confronted these challenges of internationalisation throughtheir extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original andtheir different proposals for dealing with the challenges are both practical and at times, radical.
Judging the Law of the Sea
The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to infl...
International Law and the Arctic
Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. Improved access for shipping and resource development is leading to new international rules on safety, pollution prevention and emergency response. Around the Arctic, maritime boundary disputes are being negotiated and resolved, and new international institutions, such as the Arctic Council, are mediating deep-rooted tensions between Russia and NATO and between nation states and indigenous peoples. International Law and the Arctic explains these developments and reveals a strong trend towards international cooperation and law-making. It thus contradicts the widespread misconception that the Arctic is an unregulated zone of potential conflict.
