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The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
Now in its 15th year, "The NILOS Documentary Yearbook" provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, ECOSOC, UNEP, and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, and UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1999 are reproduced, while other relevant documents are listed. "The NILOS Documentary Yearbook" has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement on 28 July 1996, and progress in the implementation of Chapter 17 of Agenda 21, to be assessed at the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson, and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman, and Shabtai Rosenne.
Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.
This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.
Now in its 18th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly and Security Council, Meeting of States Parties to the UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-ups to the UN Fish Stocks and Small Island States Conferences, WSSD, ECOSOC, UNEP and UNCTAD are reproduced first, followed by the documents of FAO, IAEA, IMO and UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 2002 are reproduced while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access of the international community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force in 1994 and of the Part XI Agreement in 1996, as well as of the UN Fish Stocks Agreement in 2001, coupled with the ongoing follow-up to review of the UNCED Agenda 21 by the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, UNDOALOS Director Dr. Vladimir Golitsyn, ITLOS President Dolliver Nelson and Judges Thomas Mensah and Tullio Treves, as well as Rosalie Balkin, Edward Brown, Bernard Oxman and Shabtai Rosenne.
Now in its 18th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly and Security Council, Meeting of States Parties to the UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-ups to the UN Fish Stocks and Small Island States Conferences, WSSD, ECOSOC, UNEP and UNCTAD are reproduced first, followed by the documents of FAO, IAEA, IMO and UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 2002 are reproduced while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access of the international community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force in 1994 and of the Part XI Agreement in 1996, as well as of the UN Fish Stocks Agreement in 2001, coupled with the ongoing follow-up to review of the UNCED Agenda 21 by the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, UNDOALOS Director Dr. Vladimir Golitsyn, ITLOS President Dolliver Nelson and Judges Thomas Mensah and Tullio Treves, as well as Rosalie Balkin, Edward Brown, Bernard Oxman and Shabtai Rosenne.
Now in its 14th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, Panama Canal, ECOSOC, UNEP and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1998 are reproduced, while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1992 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement on 28 July, 1996, and progress in the implementation of Chapter 17 of Agenda 21, make continuation of this assistance of particular significance in the years to come. Volume 14 contains Special Report by Editor-in-Chief Barbara Kwiatkowska on The Law-of-the-Sea-Related Cases in the International Court of Justice During the Presidency of Judge Stephen M. Schwebel (1997-2000). It explores the unique role of the ICJ as the principal judicial organ of the United Nations in the development of ocean affairs and the law of the sea, in the context of an ongoing follow-up to the Overall Review and Appraisal of the UNCED Agenda 21. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman and Shabtai Rosenne.
This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.
On 16 November 1994, the 1992 U.N. Law of the Sea Convention took effect. Progress is now evident in the implementation of Chapter 17 of Agenda 21, as reviewed by the 1997 UNGA Special Session. These developments and the establishment of the International Seabed Authority (ISBA) and the International Tribunal for the Law of the Sea (ITLOS) make the continuation of the NILOS Documentary Yearbook, now in its 11th year, of particular significance in the years to come. The Yearbook compiles the documents related to ocean affairs and the law of the sea issued each year by organizations, organs, and bodies of the United Nations system. These include documents of the U.N. General Assembly, ECOSOC and its regional Commissions, the U.N. Secretary-General's Informal Consultations, PrepCom ISA/ITLOS, UNCED, UNEP and UNCTAD; followed by the documents of specialized agencies and other autonomous organizations of the U.N. system, including FAO, IAEA, ILO, IMO, UNESCO/IOC and WMO. The Yearbook reproduces in full documents issued in the course of the most recent year and lists other relevant documents. The NILOS Documentary Yearbook has proved of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation.