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Book
xv, 336 pages ; 24 cm.
  • Introduction: Currents and countercurrents of law and radicalism
  • The free sea: a juridical space
  • The ship as legal person
  • Land, sea, and subjecthood
  • Anticolonial vernaculars of indigeneity
  • The fugitive sojourns of Gurdit Singh
  • Epilogue: Race, jurisdiction, and the free sea reconsidered.
In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"-a mode of thinking and writing that repositions land and sea-Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.
(source: Nielsen Book Data)9780822370352 20181008
Law Library (Crown)
Book
vi, 88 pages : maps ; 24 cm.
  • Introduction
  • Arctic Ocean legal regime
  • Arctic navigation
  • Arctic maritime security
  • Concluding remarks.
In Arctic Ocean Shipping, Donald R. Rothwell assesses contemporary navigation, security and sovereignty issues in the North American Arctic. Multiple issues are raised regarding the existing legal regime and maritime security, including how Canada and the United States will respond to interest being expressed in Arctic shipping by Asian States.
(source: Nielsen Book Data)9789004363878 20180521
Law Library (Crown)
Book
xxiv, 328 pages : maps (chiefly color) ; 23 cm.
SAL3 (off-campus storage)
Book
x, 312 pages ; 24 cm
  • Introduction / Philippe Gautier
  • Opening statement of the President of the Tribunal / Judge Vladmir Golitsyn
  • The Tribunal's jurisprudence and its contribution to the rule of law / David Anderson
  • The Tribunal's jurisprudence and its contribution to the rule of law / José Luís Jesus
  • The precautionary approach in the advisory opinion concerning the responsibilities and obligations of states sponsoring persons and entities with respect to activities in the area / Elsa Kelly
  • The Tribunal's jurisprudence and its contribution to the rule of law / Jin-Hyun Paik
  • The International Tribunal for the Law of the Sea and the rule of law / Tullio Treves
  • The contributions of the Tribunal to the progressive development of international law / Shunji Yanai
  • The elaboration of due diligence obligations as a mechanism to ensure compliance with international legal obligations by private actors / Doris König
  • The contribution of the Tribunal to the progressive development of international law / Francisco Orrego Vicuña
  • The principle of due regard / Bernard H. Oxman
  • The contribution of the Tribunal's jurisprudence on the development of international law / Yoshifumi Tanaka
  • The contribution of the International Tribunal for the Law of the Sea to the progressive development of international law / Peter Tomka
  • The Tribunal and the rule of law / Alan Boyle
  • La contribution du Tribunal du droit de la mer au développement du droit international général : les dix dernières années / Alain Pellet
  • The indispensable contributions of the Tribunal : a practitioner's view / Michael Wood
  • L'amélioration de méthodes de travail de la justice internationale : Le point de vue de la Cour internationale de Justice / Ronny Abraham
  • L'amélioration de méthodes de travail du Tribunal international du droit de la mer / Joseph Akl
  • The EFTA Court's working methods / Carl Baudenbacher
  • L'amélioration des méthodes de travail de justice internationale / Jean-Pierre Cot
  • Improving working methods in international adjudication / Albert J. Hoffman
  • L'amélioration des méthodes de travail de la justice internationale / Tafsir Malick Ndiaye.
The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law: 1996-2016 contains contributions from judges and former judges of the Tribunal, legal advisors, counsel, practitioners and scholars on the contribution made by the Tribunal to the rule of law and the progressive development of international law. Highlighting the role played by the Tribunal over the last 20 years in the system for the peaceful settlement of law of the sea related disputes, this volume will be a useful resource for all those interested in the law of the sea and dispute resolution. La contribution du Tribunal international du droit de la mer a l`etat de droit: 1996-2016 rassemble les contributions de juges et d'anciens juges du Tribunal, de conseillers juridiques, de conseils, de praticiens et d'universitaires sur la contribution du Tribunal a l'etat de droit et au developpement progressif du droit international. Mettant en lumiere le role joue par le Tribunal au sein du systeme de reglement pacifique des differends relatifs au droit de la mer au cours des 20 dernieres annees, le present volume sera une ressource utile pour tous ceux qui s'interessent au droit de la mer et au reglement des differends.
(source: Nielsen Book Data)9789004344266 20180403
Law Library (Crown)
Book
pages cm
The International Ocean Institute - Canada has compiled over 80 insightful essays on the future of ocean governance and capacity development. The book honors the work of Elisabeth Mann Borgese (1918-2002), preeminent ocean advocate and founder of the IOI.0More than 90 leading experts explore future challenges and opportunities for ocean governance and capacity development. Major themes include the law of the sea, ocean sciences, integrated coastal and ocean management, fisheries and aquaculture, communication and negotiations, maritime safety and security, ocean energy, and maritime transportation. These themes parallel those covered in the Institute's annual Training Program at Dalhousie University in Canada. The essay collection is aimed at professionals, students and citizens alike.
Law Library (Crown)
Book
pages cm.
  • Global commons and the law of the sea : an introduction / Keyuan Zou
  • Applying the principle of the common heritage of mankind : an east asian perspective / Seokwoo Lee and Jeong Woo Kim
  • The principle of the common heritage of mankind can be applied to marine genetic resources / Yao Huang and Changshun Hu
  • U.S. maritime claims and establishment of marine national monuments in the Pacific Ocean : a preliminary study of the question concerning possible encroachment of the global commons / Yann- huei Song
  • Rethinking high seas fishing freedoms : how high seas duties are catching up / Warwick Gullett and Quentin Hanich
  • Evolution of Soviet maritime navigation policy and China's far seas operations / J. Ashley Roach
  • Exploring the deep frontier : deep sea mining opportunities and challenges in the Pacific / Clive Schofield
  • Deep seabed mining: environmental concerns and improvement of regulations / Julia Guifang Xue and Xiangxin Xu
  • The continental shelf beyond 200 nautical miles and its superjacent waters : a hybrid legal regime within and beyond national jurisdiction / David M. Ong
  • An unfinished agenda : governance of areas beyond national jurisdiction / David Freestone
  • Areas beyond national jurisdiction : towards the end of the mediterranean paradox? / Lorenzo Schiano di Pepe
  • The international seafood sustainability foundation and high seas fisheries conservation : the potential of private governance for managing public resources in the global commons / Anastasia Telesetsky
  • International governance on marine geo-engineering for climate change mitigation / Gi Hoon Hong and Young Joo Lee
  • The obligation of due diligence in regulating the marine genetic resources in areas beyond national jurisdiction / Hua Zhang
  • The development of the polar code and challenges to its implementation / Zhen Sun and Robert Beckman
  • Protecting the commons in the polar south : progress and prospects for marine protected areas in the Antarctic / Karen N. Scott.
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 situation of global marine commons is not that optimistic in that fishery resources continue to deplete, marine biodiversity continue to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons. A most important global treaty is the 1982 United Nations Convention on the Law of the Sea (LOSC), which came into effect in 1994. It governs the high seas, international seabed and its resources, marine environmental protection, and fisheries.0'Global Commons and the Law of the Sea' offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Law Library (Crown)
Book
3 volumes ; 26 cm
  • V. 1. UN and global ocean governance / academic coordinator and editor David M Ong, editor Dino Kritsiotis
  • v. 2. UN specialized agencies and global ocean governance / academic coordinator Malgosia Fitzmaurice, editor Alexandros XM Ntovas
  • v. 3. IMO and global ocean governance / academic coordinator Rosalie P Balkin, editor Donald W Greig.
Law Library (Crown)
Book
volumes ; 26 cm
  • Volume I. UN and global ocean governance
  • Volume II. UN specialized agencies and global ocean governance.
Law Library (Crown)
Book
xxviii, 363 pages ; 25 cm.
  • Preface
  • Introduction
  • Institutional overview
  • Jurisdiction
  • Procedure
  • Contribution to the development of international law
  • An assesment.
This authoritative guide to the International Tribunal for the Law of the Sea provides a timely assessment of its activities over the past two decades. P. Chandrasekhara Rao and Philippe Gautier's comprehensive book delivers a detailed and extensive analysis of the Tribunal's jurisdiction, the procedural rules governing cases before it and its contribution to the development of the law of the sea. Through a thorough examination of the Tribunal's judicial practice, as well as referencing primary sources such as treaties and statutes, the authors demonstrate that the Tribunal has fulfilled the role entrusted to it by the United Nations Convention on the Law of the Sea. Utilising a practice-orientated approach, this methodical analysis reveals that the Tribunal has successfully developed its own working methods in handling cases, whilst establishing itself as a judicial institution with the ability to discharge its functions efficiently and cost-effectively, and most importantly, determines that its jurisprudence has contributed to the development of a coherent and progressive interpretation of the law of the sea. Perceptive and meticulous, this book will be an invaluable resource for legal practitioners, as well as for academics, students and researchers interested in the functioning and achievements of the Tribunal.
(source: Nielsen Book Data)9781786433008 20180828
Law Library (Crown)
Book
xii, 463 pages : illustrations, maps ; 25 cm.
  • Preface
  • Conference opening remarks
  • The United Nations Convention on the Law of the Sea : one of the greatest achievments in the international rule of law / John Norton Moore
  • Evolutionary character of international and European law : linking sustainability with environmental responsibility and marine ecosystem restoration under the European Union's ocean governance agenda / Ronán Long
  • The common heritage of mankind in the proposed implementing agreement / Dire Tladi
  • Update on the BBNJ negotiations / J. Ashley Roach
  • Climate change and the oceans : navigating legal orders / Karen N. Scott
  • Exploration and exploitation of ocean mineral resources : the role of sponsoring states / Rena Lee
  • UNCLOS Article 82 : a review and the hurdles to implementation / Wylie Spicer, Q.C. and Elizabeth McIsaac
  • Fostering technological change for sustainable harvesting of ocean mineral resources in a volatile global environment / Kris Van Nijen
  • ITLOS at twenty : reflections on its contribution to dispute settlement and the rule of law at sea / Jin-Hyun Paik
  • The seabed disputes chamber : moving forward / Frida M. Armas-Pfirter
  • Maritime boundary disputes and compulsory dispute settlement : recent developments and unresolved issues / Robert Beckman and Christine Sim
  • Setting the context : the scientific aspects of Article 76 / Larry Mayer and David Mosher
  • Towards establishing a stable regime for seabed jurisdiction : the role of the commission / Harald Brekke
  • Revisiting the Commission on the Limits of the Continental Shelf : "a technical body in a political world" / Ted L. McDorman
  • Paragraph 5(a) of Annex I to the rules of procedure of the Commission on the Limits of the Continental Shelf : solution to a problem or problem without a solution? / Alex Oude Elferink
  • Sustainable fisheries : the legal regime of the 1995 United Nations fish stocks agreement and its contribution to subsequent developments promoting sustainable fisheries / André Tahindro
  • Ocean governance for sustainable fisheries / Stefaan Depypere
  • The importance of marine science in sustainable fisheries : the role of the 1995 UN fish stocks agreement / Alf Håkon Hoel
  • Achieving global maritime compliance through regional cooperation / Admiral Charles D. Michel and Commander Scott Herman
  • Turkey's maritime compliance and enforcement of international law of the sea, particularly irregular migration in the Aegean Sea region / Hakan Karan
  • Operating unmanned surface vessels at sea : is international law ready for the future? / Anthony Morrison and Stuart Kaye
  • China's maritime law enforcement practice in the South China Sea : challenges and prospects / WU Shicun.
Legal Order in the World's Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy's 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world's oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation-Maritime Compliance and Enforcement.
(source: Nielsen Book Data)9789004352537 20180122
Law Library (Crown)
Book
xix, 433 pages ; 24 cm
  • Preface
  • The judiciary and the law of maritime delimitation : setting the stage / Alex G. Oude Elferink, Tore Henriksen, Signe Veierud Busch
  • The delimitation of the territorial sea, the continental shelf and the EEZ : a comparative perspective / Davor Vidas
  • Entitlement to maritime zones and their delimitation : in the doldrums of uncertainty and unpredictability / Nuno Marques Antunes and Vasco Becker-Weinberg
  • The applicable law : the Geneva Convention on the continental shelf, the LOSC, and customary international law / Donald McRae
  • Provisional measures and provisional arrangements / Natalie Klein
  • The role of equity, equitable principles and the equitable solution in maritime delimitation / Lucie Delabie
  • Relevant coasts and relevant area : the difficulty of developing general concepts in a case-specific context / Alex G. Oude Elferink
  • The provisional equidistance line : charting a course between objectivity and subjectivity / Coalter Lathrop
  • Relevant circumstances / Malcolm Evans
  • The case law's handling of issues concerning third states / Naomi Burke O'Sullivan
  • The disproportionality test in the law of maritime delimitation / Yoshifumi Tanaka
  • The delimitation of the continental shelf beyond 200 nm : procedural issues / Signe V. Busch
  • The delimitation of the continental shelf beyond 200 nm : substantive issues / Øystein Jensen
  • Conclusions: Taking stock and looking ahead / Alex G. Oude Elferink, Tore Henriksen, Signe V. Busch.
The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
(source: Nielsen Book Data)9781108424790 20180717
Law Library (Crown)
Book
ix, 279 pages ; 24 cm
  • Introduction / Gordon Houlden and Nong Hong
  • China-ASEAN relations in the South China Sea : persistent patterns and obstacles to cooperation / Sourabh Gupta
  • The East China Sea : sea of regional and global confrontation / Reinhard Drifte
  • Historic concepts vs. contemporary maritime regimes in UNCLOS : China's claims in the South China Sea / Nong Hong
  • Navigational rights, freedoms, and interests in the South China Sea : the Philippines' perspective / Jay L. Batongbacal
  • Indonesia : an archipelagic state's perspectives on the law of the sea / Etty R. Agoes
  • Balancing the rights of coastal states and user states in the post-UNCLOS age : Vietnam and navigational rights / Hao Duy Phan
  • The United States and accession to UNCLOS : a case of how domestic political polarization results in free ridership / Anastasia Telesetsky
  • Freedom of navigation and the UNCLOS order / Mira Rapp-Hooper
  • The prior notification issue of military activities in EEZ / Ying Yang
  • Maritime confidence building measures : assessing China-US MOU on notification of major military activities and rules of behavior / Yan Yan
  • The Sino-Philippine arbitration on the South China Sea disputes : a preliminary assessment of the merits award / Michael Sheng-ti Gau
  • Archipelagos and archipelagic regimes in the law of the sea / Sophia Kopela
  • Low-tide elevations : a contemporary analysis / Yinan Bao
  • Resolving disputes under UNCLOS when the coastal and user states are disputed / Natalie Klein.
Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
(source: Nielsen Book Data)9781138561656 20180820
Law Library (Crown)
Book
xx, 570 pages ; 25 cm
  • Introduction
  • The Law of the Sea Institute : a new forum for debate of ocean law in the 1960s "decade of uncertainty" / Harry N. Scheiber
  • The LOSI in Hawai'i : ocean law and policy debates, 1977-96 / Sherry P. Broder
  • Seeking lines in the sea : progress and challenges in the delimitation of maritime boundaries over the past 50 years / Clive Schofield
  • A legacy of stewardship for the public order of the oceans : a memorial tribute to William T. Burke / Craig H. Allen
  • Lewis M. Alexander, modern master mariner of the law of the sea / John Briscoe
  • The strategic foundation of the law of the sea / James Kraska
  • Small states in the decision-making process of UNCLOS III / Willy Østreng
  • Special address : IUU fishing and the International Tribunal for the Law of the Sea / Jin-Hyun Paik
  • Special address : on the challenges to stability and to the rule of law in implementation of UNCLOS / Bernard H. Oxman
  • Regulating and managing fisheries resources : five decades of triumph and failure in the European Union / Ronán Long
  • Freedom of the high seas or protection of the marine environment? : a false dichotomy / Nilufer Oral
  • Perspectives on a developing regime for marine biodiversity conservation and sustainable use beyond national jurisdiction / Kristina M. Gjerde
  • Promoting a new convergence : developing new regulatory paradigms for marine areas beyond national jurisdiction in the Pacific Ocean / Robin Warner
  • Governance of the Arctic Ocean beyond national jurisdiction : cooperative currents, restless sea / David L. VanderZwaag
  • Changes in the law of marine genetic resources in the ABNJ and under UNCLOS / Su Jin Park
  • Defining "serious harm" and "harmful effects" for deep seabed mining in the area / Kathryn Mengerink
  • Regulating greenhouse gas emissions from ships : the role of the International Maritime Organization / Daniel Bodansky
  • Perspectives on the International Court of Justice ruling in the "whaling in the Antartic" case / Anastasia Telesetsky, Seokwoo Lee and Hee Eun Lee
  • Conservation or claim? : the motivations for recent marine protected areas / David D. Caron and Stephen Minas.
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 issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today's movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.
(source: Nielsen Book Data)9789004343139 20180611
Law Library (Crown)
Book
vi, 289 pages ; 25 cm.
  • Martin Fink, Rebecca Dickey, Jörg Schildknecht and Lisa Ferris, Introduction: Challenges in Operational Maritime Law
  • Part I International Straits: Wolff Heintschel von Heinegg, Minelaying and the impediment of passage rights
  • Sean Henseler, "Left of Splash" Legal Issues Related to the Use of Force to Counter Mining in the Strait of Hormuz
  • Uwe Althaus, International Straits - Peacetime Rights and Obligations
  • Jörg Schildknecht, Belligerent Rights and Obligations in International Straits
  • Dorota Marianna Banaszewska, The Legal Status of Greater and Lesser Tunbs Islands Including a Brief History of the Legal Dispute
  • Part II Maritime Safety and Maritime Security: Rick Button, International Law and Search and Rescue
  • David Letts, A Review of Selected Measures for Reducing Potential Conflict Among Naval Vessels in the South China Sea
  • Ian Ralby, What Went Wrong When Regulating Private Maritime Security Companies
  • Jouko Lehti, "...in these exceptional and specific circumstances..." - The EU Military Operation Against Human Smuggling and Trafficking in the Southern Central Mediteranean
  • Oliver Clark, From Piracy to Palermo - The Changing Challenges of Maritime Crime
  • Part III Law of Armed Conflict: Marcel Schulz, Prize Law and Contraband in Modern Naval Warfare
  • Martin Fink, The right of visit of foreign flagged vessels on the high seas in non-international armed conflict
  • Tassilo Singer, Occupation of Sea Territory - Requirements for Military Authority and a Comparison to Art. 43 of The Hague Convention IV.
This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations. The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.
Law Library (Crown)
Book
x, 214 pages ; 25 cm.
  • Chapter 1. Introduction.- Chapter 2. Gaps in Baltic Sea Maritime Boundaries.- Chapter 3. Straits in the Baltic Sea: What Passage Rights Apply?.- Chapter 4. Regulating Eutrophication - Flexible Legal Approaches and Environmental Governance in the Baltic Sea Area.- Chapter 5. The Lack of Regulation of Chemical Mixtures and its Legal Consequences in the Baltic Sea Area.- Chapter 6. Salvage of Wrecks in the Baltic Sea - a Finnish Perspective.- Chapter 7. Government Action against Wrecks - a Finnish Perspective in Light of International Law.- Chapter 8. Subsea Gas Pipelines in the Baltic Sea area - Civil Liability Issues.- Chapter 9. Using the Continental Shelf for Climate Change Mitigation: a Baltic Sea Perspective.- Chapter 10. Concluding Remarks: Regulatory Gaps and Broader Governance Patterns in the Baltic Sea.
  • (source: Nielsen Book Data)9783319750699 20181001
The focus of this publication is the uniqueness of the Baltic Sea from a legal perspective, and the regulatory voids that result from the multiple layers of regulation this area is subjected to: up to six layers of regulation (general international law, regional conventions, EU law, national laws, local and municipal rules plus a whole range of non-binding norms and other 'soft law' arrangements) act in parallel. However, a large number of rules or regulatory layers does not in itself ensure effectiveness or consistency. When the regulatory landscape is approached from the point of view of individual substantive topics, it is apparent that the norms of different regulatory layers entail both overlaps, gaps and uncertainties, differently for each topic. This publication addresses a selection of topics that are decidedly international in nature, but for which current international and EU rules include important gaps or uncertainties. In addition to presenting a set of legal analyses of topical issues for the region, which in itself is a meritorious objective in view of the relative scarcity of legal studies with a focus on the Baltic Sea, the publication also seeks to analyze the regulatory 'anatomy' of the selected issues in more detail. Through the legal analyses the chapters explore how regulatory gaps are formed, how they are filled, how the rules of the different layers work together and interact with each other in the selected areas. Accordingly, the secondary ambition is to explore, through the chapters, whether more general conclusions can be drawn about the nature of the regulatory gaps and multi-layerism in order to produce a better understanding of how regulations on multiple levels operate in practice.
(source: Nielsen Book Data)9783319750699 20181001
Green Library
Book
xii, 209 pages : illustrations ; 24 cm.
  • A neglected treaty for the South China Sea / Man-houng Lin
  • The nationalist government's efforts to recover Chinese sovereignty over the islands in the South China Sea after the end of World War Two / Qianping Chen
  • Archival research to enhance territorial and sovereignty claims / Vivian Louis Forbes
  • American diplomatic correspondence on the Philippine claims in the South China Sea / Jay L. Batongbacal
  • Recent state practice and strategy on South China Sea disputes : from Taiwan's perspective / Mu-Lan Kao
  • A struggle without breaking : the US-China rivalry in the South China Sea / Kuanghua Liu
  • Issue of non-participation in the South China Sea arbitration / Tsu-Sung Hsieh.
Green Library
Book
pages cm
  • Foreword : reflections on forty years of the law of the sea / Gudmundur Eiriksson
  • In memoriam : David D. Caron
  • Introduction : the law of the sea and the challenges of transnational governance / Stephen Minas, Jordan Diamond and Holly Doremus
  • The role of the International Tribunal for the Law of the Sea in global ocean governance / Vladimir Golitsyn
  • Contested sovereignty over land territory and maritime zones / Pierre-Emmanuel Dupont
  • Arbitrating maritime disputes: evolving approaches to maritime features and third party interests in UNCLOS arbitration / Robert G. Volterra
  • Navigating uncharted procedural waters in a rising sea of cases at the Permanent Court of Arbitration / Judith Levine and Garth L. Schofield
  • ITLOS at 20 : provisional measures and the precautionary approach / Mubarak A. Waseem
  • Certain controversial issues in the development of the international law of the sea / Keyuan Zou
  • The South China Sea arbitration and the China-Philippines relations beyond the award / Vasco Becker-Weinberg
  • Interpreting the dispute settlement limitation on fisheries after the Chagos Marine Protected Area arbitration / Alexandros X.M. Ntovas
  • Protection standards for the marine environment updating part of the law of the sea convention? / Maria Gavouneli
  • Weathering the 21st century : how UNCLOS contributes to responses to climate-related disaster events / Anastasia Telesetsky
  • The Sendai opportunity : maritime access and cooperation for disaster relief / Stephen Minas
  • Rights and obligations of states in undelimited maritime areas : the case of the eastern Mediterranean sea / Nicholas A. Ioannides.
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution - long the foundation of the UNCLOS framework - in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Law Library (Crown)
Book
xx, 269 pages ; 24 cm
  • Adapting to sea level rise : a law of the sea perspective / Serra Sefrioui
  • The Common Fisheries Policy : a difficult compromise between relative stability and the discard ban / José Manuel Sobrino and Marta Sobrido
  • Some recent questions regarding the European Union's public access fisheries agreements / Gabriela A. Oanta
  • The protection of biodiversity in the framework of the Common Fisheries Policy : what room for the shared competence? / Marta Chantal Ribeiro
  • Marine scientific research : taking stock and looking ahead / Emmanuela Doussis
  • Protecting Arctic Ocean marine biodiversity In the area beyond national jurisdiction / Kamrul Hossain and Kathleen Morris
  • The environmental legal framework for the development of blue energy in Europe / Enrique J. Martínez Pérez
  • The Black Sea and blue energy : challenges, opportunities and the role of the European Union / Monserrat Abad Castelos
  • Exploring the ambiguity of Operation Sophia between military and search and rescue activities / Giorgia Bevilacqua
  • Private maritime security contractors and use of lethal force in maritime domain / Jasenko Marin, Mišo Mudrić and Robert Mikac
  • United Nations authorized embargoes and maritime interdiction : a special focus on Somalia / Magne Frostad
  • The right of innocent passage : the challenge of the Proliferation Security Initiative and the implications for the territorial waters of the Åland Islands / Pirjo Kleemola-Juntunen
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today's legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
(source: Nielsen Book Data)9783319512730 20171204
Law Library (Crown)
Book
ix, 464 pages ; 25 cm
  • 1. Introduction 2. Why and How to Study Arctic Law? [Timo Koivurova] Part I: Sovereignty Issues and International Law 3. Arctic Outer Continental Shelf [Elena Conde and Zhaklin V. Yaneva] 4. The Northwest and Northern Sea Route: Sovereignty and Responsibilities [Suzanne Lalonde] 5. The Position of the European Union on the Svalbard Waters [Marta Sobrido] 6. Stewardship Sovereignty, Sustainable Development and the Protection of the Arctic Marine Environment: Injecting Environmental Values in International Sovereignty Law [Sven G. Kaufmann] 7. Legal Status and Environmental Protection of the Arctic Sea-ice: European Perspectives [Claudia Cinelli] Part II: The Governance of the Artctic Region 8. The Arctic Council at Twenty: Cooperation between Governments in the Global Arctic [Christoph Humrich] 9. Geopolitics, Governance and Arctic Fisheries Politics [Olav Schram Stokke] 10. The Arctic Development: New Navigational Routes and Maritime Governance [Marta Iglesias Berlanga] Part III: The Human Dimension 11. Arctic Indigenous Peoples at European Courts. Issues conceding their effective judicial protection at the CJEU and at the ECtHR [Sara Iglesias Sanchez] 12. Environmental Challenges for Arctic Peoples [Soledad Torrecuadrada Garcia-Lozano and Rosa Maria Fernandez Egea] 13. Climate Change Induced Displacement: Migration as an Adaptation Strategy also in the Arctic? [Nuria Arenas] Part IV: Environment and Resources 14. Knowledge and Natural Resources: a Crucial Connection for Local Benefits and Sustainable Arctic Development [Rasmus Gjedsso Bertelsen and Jens Christian Svabo Justinussen] 15. EU-Greenland relations and sustainable development in the Arctic [Cecile Pelaudeix] 16. The Effectiveness of Current Regulatory Models of Gas Flaring in Light of Black Carbon Emissions Reduction in the Arctic [Daria Shapovalova] Part V: Geopolitical and Security Challenges 17. From Cylinder to Sphere: the Impact of Climate Change in the Arctic beyond the Polar Circle [Angel Gomez de Agreda] 18. Security Challenges in the Arctic [Rob Huebert] 19. Geopolitical Dynamics in the Arctic: Actors and Global Interests [Taisaku Ikeshima] 20. Changing Foreign Policy Roles in the Changing Arctic [Michal Luszczuk] 21. The Role(s) of China in the Arctic: Regional Governance and Foreseeable Challenges [Francois Perreault] 22. Chinese Arctic Science Diplomacy: An Instrument for Achieving the Chinese Dream? [Rasmus Gjedsso Bertelsen, LI Xing and Mette Hojris Gregersen].
  • (source: Nielsen Book Data)9781472463258 20170130
Bringing together interconnected discussions to make explicit the complexity of the Arctic region, this book offers a legal discussion of the ongoing territorial disputes and challenges in order to frame their impact into the viability of different governance strategies that are available at the national, regional and international level. One of the intrinsic features of the region is the difficulty in the determination of boundaries, responsibilities and interests. Against this background, sovereignty issues are intertwined with environmental and geopolitical issues that ultimately affect global strategic balances and international trade and, at the same time, influence national approaches to basic rights and organizational schemes regarding the protection of indigenous peoples and inhabitants of the region. This perspective lays the ground for further discussion, revolving around the main clusters of governance (focusing on the Arctic Council and the European Union, with the particular roles and interest of Arctic and non-Arctic states, and the impact on indigenous populations), environment (including the relevance of national regulatory schemes, and the intertwinement with concerns related to energy, or migration), strategy (concentrating in geopolitical realities and challenges analysed from different perspectives and focusing on different actors, and covering security and climate change related challenges). This collection provides an avenue for parallel and converging research of complex realities from different disciplines, through the expertise of scholars from different latitudes.
(source: Nielsen Book Data)9781472463258 20170130
Green Library
Book
xi, 445 pages : illustrations, maps ; 25 cm.
  • Interpretation of UNCLOS Article 121 and Itu Aba (Taiping) in the South China Sea arbitration award / Myron H. Nordquist and William G. Phalen
  • Potential global economic impacts of ocean acidification / Stephen A. Macko, Christina Fantasia and Guifang (Julia) Xue
  • Legal problems of the northern sea route exploitation : brief analysis of the legislation of the Russian Federation / Tatiana Sorokina and William G. Phalen
  • IMO and the Arctic : developments since Bergen in 2014 / J. Ashley Roach
  • Arctic continental shelf of the Russian Federation beyond 200 nautical miles : initial prospect of sustainable regulation / Rustambek M. Nurimbetov
  • The legal framework for high seas fisheries in the central Arctic Ocean / Tomas Heidar
  • Arctic Ocean fisheries and Korea / Jee Hyun Choi
  • Conservation of marine living resources in the central Arctic Ocean : five arctic coastal states' initiatives / Jianye Tang
  • The forthcoming breakthrough : China's legislation on activities in the deep seabed area / Jiancai Jin and Guobin Zhang
  • The due diligence obligation of a sponsoring state : a framework for implementation / Elana Geddis
  • The grey area in the Bay of Bengal case / Jin-Hyun Paik
  • Separate lines : challenges and opportunities of differentiated seabed and water column boundaries / Leonardo Bernard and Clive Schofield
  • Particularly sensitive sea areas beyond national jurisdiction : time to chart a new course? / David Freestone and Viva Harris
  • The Antarctic whaling case and the international law on the regulation of whaling / Dan Liu.
International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters. From the South China Arbitration Award to the Bay of Bengal Case, this text includes important writings on Artic Shipping and Fisheries, the deep seabed, resources and maritime boundary regimes and studies the possibility of a new international agreement regulating the conservation of biological diversity in areas beyond national jurisdiction. Finally, it concludes by considering the challenges and opportunities of whaling in the Antarctic Case, ocean governance issues in Southeast Asia, and the exercise of control over foreign merchant vessels and state liability for wrong assessments. This volume offers much needed contemporary commentary from renowned scholars on rapidly evolving maritime topics.
(source: Nielsen Book Data)9789004323438 20170703
Law Library (Crown)