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Separation of Powers in African Constitutionalism
  • Language: en
  • Pages: 444

Separation of Powers in African Constitutionalism

  • Categories: Law

The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.

The United Nations Convention on the Law of the Sea
  • Language: en
  • Pages: 294

The United Nations Convention on the Law of the Sea

  • Categories: Law

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the applicat...

Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnances, Volume 14 (2014)
  • Language: en
  • Pages: 811

Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnances, Volume 14 (2014)

  • Categories: Law
  • Type: Book
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  • Published: 2015-06-29
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  • Publisher: BRILL

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons). The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. This volume contains the texts of the judi...

European Yearbook of International Economic Law 2018
  • Language: en
  • Pages: 524

European Yearbook of International Economic Law 2018

  • Categories: Law
  • Type: Book
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  • Published: 2019-02-25
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  • Publisher: Springer

Volume 9 of the EYIEL focusses on natural resources law understood as a special area of international economic law. In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, management and distribution of natural resources. The volume collects contributions on general principles of natural resources law, the importance of natural resources for trade, investment and European economic law as well as analyses of particular sectors and areas including fracking, timber, space a...

International Fisheries Law
  • Language: en
  • Pages: 376

International Fisheries Law

  • Categories: Law

Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law. Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offers a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues. The book enriches fisheries law scholarship, outlining the capacity of international law to address challenges in international fisheries law and policy, highlighting the critical importance of fisheries to many states, coastal communities and economies globally. The book’s chapters have been meticulously selected, focusing on policy and practical considerations. The result is a comprehensive edited collection covering the main persistent challenges in international fisheries law, making it an essential reading for all those interested in the conservation, integrated management and sustainable use of living resources globally.

40 Years of the United Nations Convention on the Law of the Sea
  • Language: en
  • Pages: 398

40 Years of the United Nations Convention on the Law of the Sea

  • Categories: Law

This book discusses contemporary challenges within the law of the sea, a domain of international law extensively codified in United Nations Convention on the Law of the Sea. Given the considerable time elapsed since the convention’s adoption and nearly three decades of its implementation, the book analyses the interplay and influence of its provisions on international customary law, as well as to identify issues arising from its application. The book explores and discusses crucial aspects of the law of the sea, addressing challenges and future perspectives related to UNCLOS provisions, such as the delimitation of maritime areas, maritime security, safety, environmental protection, and the ...

Permanent Sovereignty over Natural Resources
  • Language: en
  • Pages: 234

Permanent Sovereignty over Natural Resources

  • Categories: Law
  • Type: Book
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  • Published: 2015-04-15
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  • Publisher: Springer

Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 21 (2014)
  • Language: en
  • Pages: 1135

Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 21 (2014)

  • Categories: Law
  • Type: Book
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  • Published: 2016-08-09
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  • Publisher: BRILL

The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The M/V “Virginia G” Case (Panama/Guinea-Bissau). The documents are reproduced in their original language. The Tribunal delivered its Judgment on 14 April 2014. It is published in the volume ITLOS Reports of Judgments, Advisory Opinions and Orders 2014 (ITLOS Reports 2014)....

African Law(s)
  • Language: en
  • Pages: 345

African Law(s)

  • Categories: Law
  • Type: Book
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  • Published: 2023-09-29
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  • Publisher: BRILL

This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.

Constitutional Identity and Constitutionalism in Africa
  • Language: en
  • Pages: 438

Constitutional Identity and Constitutionalism in Africa

  • Categories: Law

In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between c...