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Functional Jurisdiction in the Law of the Sea
Drawing on the essential premises of the Law of the Sea Convention as constotuion of the oceans, this book looks into the ways it can be evolved to accommodate new challenges to its regulatory scheme.
Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade
The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Documents in International Environmental Law
International environmental law is now a standard course for both undergraduate and postgraduate law students all over the world. This collection follows the essential structure of environmental regulation in an attempt to provide a clear picture of the mechanics of the system. It is comprised of a 'General Part' (general principles, procedural obligations and civil liability and non-compliance procedures); selected 'Sectoral Regimes' (the fundamental elements of the natural environment: habitat, sea, atmosphere, freshwater resources, polar regions, and the primary regimes of man-made intervention: nuclear power, chemicals, waste); and 'Interface Regimes' (trade and environment, human rights...
Towards a European Criminal Record
The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.
The Stockholm Declaration and Law of the Marine Environment
This collection of essays commemorates the Thirtieth Anniversary of the 1972 Stockholm Declaration on the Human Environment. The opening presentation is by the distinguished former Foreign Minister of Sweden, Dr. Hans Blix, a primary author of the Stockholm Declaration. A second keynote abstract is by Professor Bjorn Lomborg, the renowned author of The Skeptical Environmentalist. The third keynote essay is by the United Nations Under Secretary-General of Legal Affairs, Hans Correl. The remainder of the volume includes contributions by six judges from the International Tribunal for the Law of the Sea, the Secretary-General of the International Seabed Authority, senior representatives from the Food and Agriculture Organization, International Maritime Organization, World Bank, Swedish Foreign Ministry and United States Department of State along with 25 professors and environmental law experts from 15 countries. The collection provides a comprehensive, in-depth review of the historic achievement as well as current relevance of the 1972 Stockholm Declaration as a landmark achievement in international environmental law.
Article 31(3)(c) VCLT and the Principle of Systemic Integration
In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.
UNCLOS and Ocean Dispute Settlement
This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.
International Law and Sea Level Rise
This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.
The IMLI Manual on International Maritime Law
"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --
The Power and Purpose of International Law
The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity...
