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Indigenous Peoples, Marine Space and Resources, and International Law
  • Language: en
  • Pages: 343

Indigenous Peoples, Marine Space and Resources, and International Law

  • Categories: Law

This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of th...

The Law of the Sea
  • Language: en
  • Pages: 317

The Law of the Sea

  • Categories: Law

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of internatio...

Understanding Criminal Law: Concepts, Cases, and Controversies
  • Language: en
  • Pages: 297

Understanding Criminal Law: Concepts, Cases, and Controversies

  • Categories: Law

Gain a comprehensive understanding of criminal law through key concepts, cases, and controversies. This book is designed for students and professionals seeking to deepen their knowledge of criminal justice and legal principles.

International Law and Marine Areas beyond National Jurisdiction
  • Language: en
  • Pages: 469

International Law and Marine Areas beyond National Jurisdiction

  • Categories: Law
  • Type: Book
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  • Published: 2022-01-31
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  • Publisher: BRILL

This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Hybrid Threats and the Law of the Sea
  • Language: en
  • Pages: 320

Hybrid Threats and the Law of the Sea

  • Categories: Law
  • Type: Book
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  • Published: 2022-08-22
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  • Publisher: BRILL

Read also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.

Shipping in Inuit Nunangat
  • Language: en
  • Pages: 496

Shipping in Inuit Nunangat

  • Categories: Law
  • Type: Book
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  • Published: 2023-04-17
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  • Publisher: BRILL

Shipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters.

Implementation of the Small-Scale Fisheries Guidelines
  • Language: en
  • Pages: 498

Implementation of the Small-Scale Fisheries Guidelines

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The Law of the Sea and Climate Change
  • Language: en
  • Pages: 463

The Law of the Sea and Climate Change

Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.

Theorizing Ocean Governance: A Framework Combining Governance, Science, and Law
  • Language: en
  • Pages: 101

Theorizing Ocean Governance: A Framework Combining Governance, Science, and Law

  • Categories: Law
  • Type: Book
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  • Published: 2024-10-14
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  • Publisher: BRILL

Ocean governance is emerging as a field of study drawing on and combining different knowledge domains, including governance, science, and law. Assumptions of these three knowledge domains and their relationships are rarely discussed. This study attempts to contribute to such discussion by theory-building: investigating the governance-science and governance-law interfaces in an ocean governance context. The investigations form the basis for offering some perspectives concerning key topics of ocean governance: cross-sectoral, holistic, and integrated approaches, science-based decision-making, adaptation, the ecosystem approach, and ocean governance as an emerging field of study.

Indigenous Peoples, Natural Resources and Permanent Sovereignty
  • Language: en
  • Pages: 347

Indigenous Peoples, Natural Resources and Permanent Sovereignty

  • Categories: Law
  • Type: Book
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  • Published: 2022-12-19
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  • Publisher: BRILL

This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.