United Nations Convention on the Law of the Sea, 1982

A Commentary

Author: Myron H. Nordquist,Shabtai Rosenne,Satya N. Nandan

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041100351

Category: Law

Page: 736

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Volume III is the fourth substantive volume to be published in this series, covering articles 86 to 132 of the 1982 Convention. These articles address the issue of States' rights and jurisdiction in maritime areas beyond the limits of national jurisdiction (with the exception of the international seabed area), as well as the regime to be applied to islands, in enclosed and semi-enclosed seas, and with the access of landlocked States to and from the sea. Volume III is a direct continuation of Volume II, which deals with maritime areas under the sovereignty of jurisdiction of a State, and completes the commentary on the provisions of the Convention negotiated under the auspices of the Second Committee at UNCLOS III. The work of the Second Committee was an integrated whole, and the unity of the theme has been spread over two volumes solely as a matter of convenience. A number of documentary annexes have been included in this volume.
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Cases and Materials on the Law of the Sea, Second Edition

Author: Louis B. Sohn †,John Noyes,Erik Franckx,Kristen Juras

Publisher: Martinus Nijhoff Publishers

ISBN: 9004203567

Category: Law

Page: 1068

View: 9109

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This second edition of Cases and Materials on the Law of the Sea compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics.
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The United States between China and Japan

Author: Victor Teo,Caroline Rose

Publisher: Cambridge Scholars Publishing

ISBN: 1443865052

Category: Political Science

Page: 502

View: 5359

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From its insistence that Japan should favour diplomatic normalization with the Republic of China over the People’s Republic of China in 1952, through its role, via the Security Treaty, of keeping the ‘cap in the bottle’ of Japanese militarism, to weighing in on the Diaoyu/Senkaku islands dispute between China and Japan, the United States has played a pivotal, and at times controversial, role in the development of China-Japan relations since the end of World War II. By extension, US influence on China-Taiwan and Taiwan-Japan relations, in addition to its impact on the efforts of various actors to construct a Northeast Asian regional community, continues to pose important questions about the nature of the US role in East Asia in the 21st century. This volume provides a multi-faceted overview of the nature of America’s interaction in East Asia since the end of the war, and highlights the obstacles to improved bilateral and regional integration. The contributors offer a range of perspectives from their respective US, European, and East Asian vantage points, and point to the ongoing and prominent involvement of the US in the region for the foreseeable future.
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The International Law of the Sea

Author: Donald R. Rothwell,Tim Stephens

Publisher: Bloomsbury Publishing

ISBN: 1782256857

Category: Law

Page: 528

View: 2109

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The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a contemporary explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention. The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, and the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification.
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A handbook on the new law of the sea. 1 (1991)

Author: René Jean Dupuy,Daniel Vignes

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792309246

Category: Law

Page: 1

View: 4478

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The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the regime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal regime governing underwater archaeological and historical objects.
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The Law of the Sea

Author: U. N. Gupta

Publisher: Atlantic Publishers & Dist

ISBN: 9788126904327

Category: Law of the sea

Page: 304

View: 3772

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The Book, The Law Of The Sea, With An Introduction By Professor U.N. Gupta, Is Designed To Meet The Needs And Requirements Of Scholars Of International Law And International Relations; Professionals Engaged In Merchant Shipping Or Connected With Naval Forces And The Policy Makers Of Different States Who Want To Know About National Interests In The Seas, Among Others. Necessarily, The Book Presents In Depth The Various Forms And Aspects Of Human Interests Involved When The States Do Or Do Not Have A Sea Coast. This Study Encompasses A Period Of About Six Centuries And Is Dotted With Conflict Of Claims Made By Kings And States From Time To Time, Various Mutual Understandings Made, Treaties Or Conventions Signed By Them, Or Customary International Law Relating To The Sea As It Gradually Developed By Consensus Or By Sufferance. The Sea Has Provided An Easy Method Of Navigation For Trade Or Empire Building Purposes. The Various Parts Of The Sea, Like Bays, Gulfs Or Territorial Sea Got Defined In The Process. This Part Of The Law Of Sea Which Is History-Based And Mainly Customary Has Been Included In The Introduction Part Of The Book. With The Technological Advancements Made For Winning The Second World War, The Victorious Powers Saw The Vast Economic Potential For Exploitation Presented To Them By The Widespread Ocean Wealth. This Capability And Future Prospects Gave Copernican Turn To Customary Law Of The Sea As It Was Till The End Of Second World War. The New Competitive Wave Set In Motion By The Two Unilateral Proclamations By The Usa In 1945 Resulted In The Overhauling Of The Law Of Sea By The Four 1958 Geneva Conventions On The Law Of Sea. The Introduction And The Appendices To The Book Give The Rationale, Substance And The Texts Of These Developments. These Also Lead To Various International Understands, Conventions And Treaties Made For Peaceful Uses Of The Seas By The States. The Important Use Of The Seas For Extraction Of Sea Wealth Gave Rise To Further Demands On The Law Of Sea In 1960S And 1970S Leading To The Iii United Nations Conferences On The Law Of Sea. The Culminated Comprehensive 1981 Un Convention On The Law Of Sea After Long Drawn Consensus Procedures By All The States Of The World, Coastal Or Non-Coastal, Is In Various Ways Studied In The Book And The Text Of 1981 Convention On The Law Of Sea Has Been Included In Its Appendices.
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