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The Struggle against Enforced Disappearance and the 2007 United Nations Convention
Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.
International Maritime Boundaries
This is the ultimate guide to international maritime boundaries. Its unique practical features include - systematic examination of all international maritime boundaries worldwide; - comprehensive coverage, including the text of every modern boundary agreement; - descriptions of judicially-established boundaries; - maps and detailed analyses of those boundaries; - expert papers examining the status of maritime boundary delimitations in each of the ten regions of the world; - papers from a global perspective analyzing key issues in maritime boundary theory and practice; and - a cumulative index for volumes I - V. These features make "International Maritime Boundaries" an unmatched comprehensive, accessible resource in the field.
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.
Environmental Governance of the Great Seas
The great seas contain immense resources and provide invaluable services to humankind, yet their environmental conditions are threatened worldwide. the authors of this comprehensive study provide a rich assessment of the seas and the efficacy of the initiatives governing them, as well as suggestions for improving governance and protection. Case studies of the Baltic, Mediterranean, Black, Caribbean and East Asian seas illustrate the varying degrees of policy success, failure and promise. the authors address the specific roles of the Law of the Sea and the United Nations Regional Seas Programme and discuss the importance of better information exchange between scientists and policymakers, increased funding, greater participation, and new and more effective laws. National, regional and international initiatives are conceptualized as clusters, and their success evaluated using data on the physical conditions of the seas, the law and policy adopted, and international cooperation. the interdisciplinary, insightful treatment of this complex issue will be of great interest to policymakers, students and scholars in the fields of law and policy as well as marine and environmental sciences.
Towards a Refugee Oriented Right of Asylum
This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.
Managing the Risk of Offshore Oil and Gas Accidents
This book addresses the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. It focuses on the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. Government officials of countries with offshore industries, international civil servants and academics in related fields will find the book a valuable resource.
Transboundary Pollution
This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in
Transboundary Heritage and Intellectual Property Law
Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border ...
Particularly Sensitive Sea Areas
Designations of large Particularly Sensitive Sea Areas (PSSAs) triggered a controversial debate within the International Maritime Organisation (IMO) concerning the legal basis of PSSAs, the relationship between the IMO’s PSSA guidelines and UNCLOS, as well as the competency of IMO to adopt mandatory protective measures in these areas. As a result, IMO conducted a review process which led to substantially updated guidelines adopted in late 2005. This book provides a detailed analysis of the PSSA guidelines and protective measures available in PSSAs. Emphasis is placed on their legal basis and the implications for coastal states' jurisdiction over vessel-source pollution.
Revolt Against Authority
Protesters and mass demonstrations by citizens of many democratic countries are increasingly daily occurrences reported in today's news media. These protests are often considered to be illegal or are charged with disrupting the peace, and even when they are non-violent assemblies they are attacked by police and riot squads called in to disperse the protesters. Through a careful review of opposition to injustice, this book demonstrates that most often these protests and demonstrations are in support of and defend moral and legal principles that their democratic governments have forgotten to uphold or have chosen to ignore. Much like the earlier Civil Rights Movement in the US, that was centered on issues of social justice and human dignity, Westra concludes that today's protesters and social movements rally to defend human rights and moral principles against the undue influence of corporate actors, and raise their voice in opposition to the resulting actions by and under the authority of their governments.
