China s Practice in the Law of the Sea

Author: Jeanette Greenfield
Publisher: Oxford University Press
ISBN:
Format: PDF, ePub
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In this book, which is an expansion of part of Dr Greenfield's earlier book China and the Law of the Sea, Air, and Environment, the author examines the current practice of the Government of the People's Republic of China in relation to the law of the sea, an area in which the CPR has latelybecome an active participant in the UN system. Concentrating on the Law of the Sea Convention which was signed by China this study also looks at recent efforts made by China to protect her offshore petroleum resources. Drawing on the much larger literature now available to foreign scholars, thisbook is set to become the definitive study of the subject.

China and International Fisheries Law and Policy

Author: Guifang Xue
Publisher: Martinus Nijhoff Publishers
ISBN: 9004148140
Format: PDF, Docs
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This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China's fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.

Excessive Maritime Claims

Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 900421772X
Format: PDF
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Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. Coverage includes current affairs in maritime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement, maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage.

The Limits of Maritime Jurisdiction

Author: Clive H. Schofield
Publisher: Martinus Nijhoff Publishers
ISBN: 9004262598
Format: PDF, ePub, Mobi
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The Limits of Maritime Jurisdiction brings together a renowned group of oceans scholars and practitioners to explore key contemporary law of the sea challenges facing the international community.

The Oxford Handbook of the Law of the Sea

Author: Donald R. Rothwell
Publisher: Oxford University Press, USA
ISBN: 019871548X
Format: PDF, Mobi
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Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

International Management of Hazardous Wastes

Author: Katharina Kummer
Publisher: Oxford University Press on Demand
ISBN: 9780198298274
Format: PDF, Mobi
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The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal celebrates its tenth anniversary in 1999. As the only treaty addressing international transfer and environmentally sound management of hazardous wastes at the global level, the Basel Convention has gained universal recognition as the key legal instrument in this field. The anniversary presents an opportunity to assess its evolution , and to consider challenges for the future. Other existing relevant legal instruments have also evolved further, and new ones have been adopted. This book analyses the relationship of the Basel Convention with other pertinent legal rules, and proposes means to form a comprehensive global regulatory regime for hazardous waste management on the basis of the Convention. Since the book was first published, a number of important developments have taken place. Chief among these is the adoption of an amendment to the Basel Convention which provides fora ban on exports of hazardous wastes from OECD to non OECD countries. A tendency to impose similar restrictions can also be observed in other relevant legal instruments. The introduction to this book has therefore been revised by way of a substantial new preface to give an overview of the important developments since 1994, and their impact on the overall analysis.

Jurisdiction in International Law

Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
ISBN: 0199688516
Format: PDF, Docs
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The International Law of Maritime Boundaries and the Practice of States in the Mediterranean Sea

Author: Faraj Abdullah Ahnish
Publisher: Oxford University Press
ISBN:
Format: PDF
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This two-part study examines the law governing maritime boundaries and their delimitation, with special attention being paid to the situation in the Mediterranean Sea. The first part of the work looks at the general principles of international law which operate in relation to maritime boundaries and attempts to elucidate a set of substantive rules of law which can be applied in all cases. The second part applies these rules to a number of important and problematic episodes involving boundary disputes in the Mediterranean Sea, in particular those which have centered upon enclosed and semi-enclosed areas. The work will be of particular value to lawyers concerned with law of the sea disputes especially those with a keen interest in the outcome of outstanding problems in the Mediterranean.