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A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected] to learn more. This second edition of Cases and Materials on the Law of the Sea has been updated to address significant developments that have occurred in the law of the sea since the publication of the first edition in 2004. The text compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics while placing those issues in the broader context of international law and international legal process. The book incorporates relevant historical materials alongside materials addressing more recent topics, such as port security, the depletion of fish stocks, and the operation of new international institutions. Extensive notes and discussion questions engage readers and enhance their understanding of the materials.
For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.