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This three-volume set presents recent materials pertaining to GLOBAL developments in the law of the sea and related areas. It focuses on rapid adjustment, consolidations and strengthening ofinternational laws and policy on ocean issues. It covers not only treaties, agreements, and conventions, but also declarations, resolutions, guidelines, model laws, principles, policy statements,decrees, memoranda between countries and reports of the Secretary General of the United Nations.
The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.
The focus of this book is on current ocean law and policy issues particularly in the region around China. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.
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.
New developments in the uses of the sea have given rise to new questions in the law of the sea since the beginning of the second millennium, and there are international endeavors to revise certain issues of maritime law. The Seminar, papers of which are collected in this volume, dealt with some examples of these developments. Participants were doctoral candidates of the International Max Planck Research School for Maritime Affairs and students of the University of Hamburg. Addressed are the internationalization of marine natural resources, the audit system of flag State's obligations, rights of land-locked and geographically disadvantaged States in the EEZ, the reform of the European fisheries policy and finally the Rotterdam Rules which are deemed to alter the carrier's obligations in the law of maritime transport. A report of the Seminar's excursion to several maritime institutions in New York City is also included.
New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
The concept of sustainable development is created to coordinate the relationship between resource uses and environmental protection. Environmental protection is necessary to achieve the goal of sustainable resource uses and economic benefits deriving from resources can provide the conditions in which environmental protection can best be achieved. Sustainable Development and the Law of the Sea offers international legal perspectives on ocean uses including fisheries management, sustainable use of marine non-living resources, and marine protected areas in the context of sustainable development. Pushing that sustainability is a requirement for ocean use as well as for the establishment and development of the world marine legal order, the volume provides a useful reference for policy-makers and the international legal community and for all those interested in ocean governance.
In the last few decades, the law of the sea has been affected, not only by the processes of globalization that have changed the key interests of the international community, but also by natural phenomena like climate change. In addition, technological advances, having opened up new opportunities to exploit marine resources and to produce energy and which make the sea in itself a resource, have contributed to a further development of the law of the sea. This book contributes to the study of the evolution of the law of the sea and will not fail to be of interest to academics in the field. It analyzes those areas of the law of the sea in which the transformations taking place seem to be more significant, such as: migration by sea * the security of navigation and the fight against piracy * safety of navigation * protection of maritime labor * the legal framework governing the polar regions * special issues relating to the harnessing of marine resources. [Subject: Public International Law, Maritime Law, Environmental Law]