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Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve informat...
Historic Waters in the Law of the Sea
This work reassesses the doctrine, and status, of historic waters in the law of the sea, particularly in the light of recent developments, such as in" Alaska v. US" (2005), which case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law on the topic, including matters such as burden of proof.
The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey
This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.
Global Commons and the Law of the Sea
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the...
Unresolved Issues and New Challenges to the Law of the Sea
This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.
Ocean Law Debates
The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation...
Seeing China's Belt and Road
In Seeing China's Belt and Road, editors Edward Schatz and Rachel Silvey assemble the ground-level fieldwork of leading scholars to examine the Belt and Road Initiative (BRI) from different "downstream" contexts, ranging from Central and Southeast Asia to Europe and Africa. Crucially, this book uncovers views of the BRI from Chinese authorities, local businesses, state bureaucrats, expatriated migrants, ordinary citizens, and environmental activists. Through these case studies, the book offers a timely analysis of the dynamic complexity of changes in the world order.
Lessons From The Disturbed Waters: The Diaoyu/diaoyutai/senkaku Islands Disputes
Although the flare-up of tensions in East Asia over the disputed islands, which are alternatively called Diaoyu (China), Diaoyutai (Taiwan) and Senkaku (Japan), seems to be ever more frequent, it has not always been the case. Lessons from the Disturbed Waters traces the origin of the issue back to when it first surfaced in the 1970s. The book explains the positions of the claimants, China, Japan and Taiwan, and explores the reasons why they have taken such positions over the past few decades. Unlike the other books which analyse the disputes predominantly from a geopolitical perspective, this books tries to do so mainly from the perspectives of international law, conflict management, negotiation strategies, and history. Readers will get to see an interesting dynamism played out among the three actors which are directly involved and the influence of extra-regional stakeholders such as the US over the disputes. While the disputes are still evolving, the author hopes this book can shed new light on the intricacies and complexities of the disputes and can provide some threads for further in-depth discussions.
Marine Conservation Agreements
Reservations and veto mechanisms found in marine conservation agreements have contributed to the decline of living ocean resources. This book chronicles their use in the history of key marine conservation and management regimes and examines the evolving legal framework that informs, and potentially limits, their use.
