Download A handbook on the new law of the sea. 2 (1991) PDF

A handbook on the new law of the sea. 2 (1991)

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9780792310631
Pages : 894 pages
Rating : 4.0/5 (792 Download)

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Download PDF A handbook on the new law of the sea. 2 (1991) Book by René Jean Dupuy Full eBook and published by Martinus Nijhoff Publishers. This book was released on 1991-10-16 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 régime 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 Conferences 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 régime governing underwater archaeological and historical objects.

Download Navigational Rights and Freedoms, and the New Law of the Sea PDF

Navigational Rights and Freedoms, and the New Law of the Sea

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9789041114990
Pages : 400 pages
Rating : 4.9/5 (41 Download)

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Download PDF Navigational Rights and Freedoms, and the New Law of the Sea Book by Donald R. Rothwell Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2000-11-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were 'open' or 'closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.

Download The International Law of the Sea PDF

The International Law of the Sea

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Publisher : Cambridge University Press
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ISBN : 110842421X
Pages : 641 pages
Rating : 4.8/5 (424 Download)

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Download PDF The International Law of the Sea Book by Yoshifumi Tanaka Full eBook and published by Cambridge University Press. This book was released on 2019-08-15 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.

Download The International Tribunal for the Law of the Sea PDF

The International Tribunal for the Law of the Sea

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9789041116017
Pages : 264 pages
Rating : 4.9/5 (41 Download)

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Download PDF The International Tribunal for the Law of the Sea Book by P. Chandrasekhara Rao Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2001-07-06 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.

Download The Scarcity of Water, Emerging Legal and Policy Responses PDF

The Scarcity of Water, Emerging Legal and Policy Responses

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Publisher : Kluwer Law International B.V.
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ISBN : 904110657X
Pages : 323 pages
Rating : 4.1/5 (16 Download)

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Download PDF The Scarcity of Water, Emerging Legal and Policy Responses Book by Edward Brans Full eBook and published by Kluwer Law International B.V.. This book was released on 1997-05-14 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The threat of water scarcity touches human populations and ecosystems worldwide. This work overviews the various legal responses to conflicts involving water as a resource. It addresses the continuous development of water law in the face of new water shortage scares. The distinguished team of contributors analyses the nature of the problem, international water law, legal and policy responses to water scarcity in selected regions, and the emergence of a new body of economic water law. Contributing experts in the field of water law and policy reveal the diverse and dynamic development of water law and the interaction between the legal and policy responses at the international, regional, and national levels. A result of the conference `Scarcity of Water, International, European and National Legal Aspects' held at the Faculty of Law of the Erasmus University, Rotterdam in October 1995, this book also contains a selection of papers presented at the conference.

Download The Law Of The Sea PDF

The Law Of The Sea

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9004138633
Pages : 369 pages
Rating : 4.4/5 (138 Download)

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Download PDF The Law Of The Sea Book by Budislav Vukas Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of 20 essays by the author, republished as initially written in English or French. They reflect the development of the author's views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea.

Download Law and Regulation of Commercial Mining of Minerals in Outer Space PDF

Law and Regulation of Commercial Mining of Minerals in Outer Space

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Publisher : Springer Science & Business Media
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ISBN : 9400720394
Pages : 372 pages
Rating : 4.0/5 (72 Download)

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Download PDF Law and Regulation of Commercial Mining of Minerals in Outer Space Book by Ricky Lee Full eBook and published by Springer Science & Business Media. This book was released on 2012-03-05 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.

Download Equitable Principles of Maritime Boundary Delimitation PDF

Equitable Principles of Maritime Boundary Delimitation

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Publisher : Cambridge University Press
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ISBN : 1316299805
Pages : pages
Rating : 4.6/5 (299 Download)

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Download PDF Equitable Principles of Maritime Boundary Delimitation Book by Thomas Cottier Full eBook and published by Cambridge University Press. This book was released on 2015-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.

Download Recueil Des Cours PDF

Recueil Des Cours

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9789041100870
Pages : 460 pages
Rating : 4.9/5 (41 Download)

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Download PDF Recueil Des Cours Book by Full eBook and published by Martinus Nijhoff Publishers. This book was released on 1995-06-06 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses" "of the Hague Academy of International Law." Contents: The International Court of Justice Viewed from the Bench (1976--1993) by S. ODA, Judge and former Vice-President of the International Court of Justice. International Cooperation and Protection of Children with Regard to Intercountry Adoption by J.H.A. VAN LOON, First Secretary of the Hague Conference on Private International Law. To access the abstract texts for this volume please click here

Download A Transcivilizational Perspective on International Law PDF

A Transcivilizational Perspective on International Law

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9004186891
Pages : 493 pages
Rating : 4.4/5 (186 Download)

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Download PDF A Transcivilizational Perspective on International Law Book by Onuma Yasuaki Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2010-07-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.

Download The Changing International Law of High Seas Fisheries PDF

The Changing International Law of High Seas Fisheries

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Publisher : Cambridge University Press
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ISBN : 9780521641937
Pages : 372 pages
Rating : 4.0/5 (521 Download)

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Download PDF The Changing International Law of High Seas Fisheries Book by Francisco Orrego Vicuña Full eBook and published by Cambridge University Press. This book was released on 1999-03-04 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal, economic and environmental developments including recent state and international practice.

Download Private International Law as Component of the Law of the Forum PDF

Private International Law as Component of the Law of the Forum

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9004226346
Pages : 361 pages
Rating : 4.4/5 (226 Download)

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Download PDF Private International Law as Component of the Law of the Forum Book by Michael Bogdan Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2012-01-03 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.

Download Efficiency in Private International Law PDF

Efficiency in Private International Law

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Publisher : BRILL
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ISBN : 9004285083
Pages : 216 pages
Rating : 4.4/5 (285 Download)

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Download PDF Efficiency in Private International Law Book by Toshiyuki Kono Full eBook and published by BRILL. This book was released on 2014-12-17 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.

Download Pan-Africanism and International Law PDF

Pan-Africanism and International Law

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9004285059
Pages : 288 pages
Rating : 4.4/5 (285 Download)

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Download PDF Pan-Africanism and International Law Book by Abdulqawi A. Yusuf Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2014-12-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book Pan-Africanism offers a unique vantage point to study Africa’s encounters with international law : first, as a continent whose political entities were excluded from the scope of application of the Eurocentric version of international law that was applied among the self-styled club of “civilized nations” ; second, through the emergence of African States as subjects of international law willing to contribute to the reform and further development of the law as a universal interstate normative system; and third, as members of the OAU and the AU acting collectively to generate innovative principles and rules, which, though applicable only in the context of intra-African relations, either go beyond those existing at the universal level or complement them by broadening their scope. This study examines those encounters through the various stages in the evolution of Pan-Africanism from a diaspora-based movement, engaged in the struggle for the emancipation of the peoples of the continent, to groupings of independent States and intergovernmental organizations which continue to promote African unity and influence the development of international law to make it more reflective of diverse legal traditions and values.

Download The Evolution of Sustainable Development in International Law: Inception, Meaning and Status PDF

The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9004174079
Pages : 277 pages
Rating : 4.4/5 (174 Download)

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Download PDF The Evolution of Sustainable Development in International Law: Inception, Meaning and Status Book by Nico J. Schrijver Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2008-12-15 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably short time "sustainable development" has become firmly established in international law. The World Commission on Environment and Development concisely defined this concept as: "development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs". This definition combines inter-generational equity with an awareness of the finite capacity of the earth and its natural resources. This book brings together a collection of lectures given at the Hague Academy of International Law. The aim of the book is threefold: firstly, to review the genesis, clarify the meaning and assess the status of sustainable development within international law; secondly, to examine the legal principles that have emerged in the pursuit of sustainable development; and finally, to assess to what extent the current state of law demonstrates a balance between and integration of all relevant fields of international law as urged by the Rio, Johannesburg and World Summit documents.

Download Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective PDF

Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9004218548
Pages : 385 pages
Rating : 4.4/5 (218 Download)

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Download PDF Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective Book by Guiguo Wang Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2011-12-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.

Download Slavery in International Law PDF

Slavery in International Law

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Publisher : Martinus Nijhoff Publishers
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ISBN : 9004186956
Pages : 445 pages
Rating : 4.4/5 (186 Download)

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Download PDF Slavery in International Law Book by Jean Allain Full eBook and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.