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Maritime Security and the Law of the Sea

Maritime Security and the Law of the Sea Author Natalie Klein
ISBN-10 9780191652851
Release 2012-10-04
Pages 384
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Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.



The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea Author Donald R. Rothwell
ISBN-10 9780198715481
Release 2015
Pages 997
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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 Maritime Security Law

International Maritime Security Law Author James Kraska
ISBN-10 9789004233577
Release 2013-04-19
Pages 968
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International Maritime Security Law, by James Kraska and Raul Pedrozo, defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans



Relevant circumstances and maritime delimitation

Relevant circumstances and maritime delimitation Author Malcolm David Evans
ISBN-10 UOM:39015028715939
Release 1989
Pages 257
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Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.



Saving the Oceans Through Law

Saving the Oceans Through Law Author James Harrison
ISBN-10 9780198707325
Release 2017-09-21
Pages 300
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The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.



Maritime Security Issues in the South China Sea and the Arctic Sharpened Competition or Collaboration

Maritime Security Issues in the South China Sea and the Arctic  Sharpened Competition or Collaboration Author 侯秉东
ISBN-10 9787516200360
Release 2012-08-01
Pages 326
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北冰洋和南海近期来的海洋争端发展受到了世界的瞩目。不管是从地缘政治、安全战略抑或航行自由及国际航运的角度来看,两个海域都占据了非常重要的地位。该书从五个方面解读北冰洋和南海的海洋安全。第一部分介绍北冰洋和南海的地缘政治和争端的近期发展动态;第二部分主要介绍北冰洋和南海争端的法律问题;第三部分介绍与北冰洋和南海有关的航行和国际航运问题;第四部分从中、加、美三国的海军战略角度探讨这两个海域的重要性;第五部分探讨这两个海域潜在的挑战和合作机会。



Jurisdiction over Ships

Jurisdiction over Ships Author Henrik Ringbom
ISBN-10 9789004303508
Release 2015-08-10
Pages 466
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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. It assess the convention’s continued authority in view of the most recent developments in state practice.



Exploring the Security Landscape Non Traditional Security Challenges

Exploring the Security Landscape  Non Traditional Security Challenges Author Anthony J. Masys
ISBN-10 9783319279145
Release 2016-02-11
Pages 325
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This book provides international perspective for those studying or working in the security domain, from enforcement to policy. It focuses on non-traditional threats in a landscape that has been described as transnational in nature and incorporates natural disasters, gang violence, extremism and terrorism, amongst other issues. Chapters provide innovative thinking on themes including cyber security, maritime security, transnational crime, human security, globalization and economic security. Relevant theoretical frameworks are presented and readers are expertly guided through complex threats, from matters pertaining to health security which pose threats not only to humans but also have significant national security implications, to issues regarding critical infrastructure vulnerability and the complexity of understanding terrorist operations. Authors reveal how emerging uncertainties regarding global critical infrastructure and supply chain security, food security, and health security are linked to the notion of human security. Security professionals, policy makers and academics will all gain from the insights, strategies and perspectives in this book. It builds understanding of the deepening and broadening domain of security studies and provides a valuable reference text for courses on security studies and international relations.



Irresolvable Norm Conflicts in International Law

Irresolvable Norm Conflicts in International Law Author Valentin Jeutner
ISBN-10 9780198808374
Release 2017-07-20
Pages 208
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Conventionally, international legal scholarship concerned with norm conflicts focues on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.



The Interception of Vessels on the High Seas

The Interception of Vessels on the High Seas Author Efthymios Papastavridis
ISBN-10 9781782250852
Release 2014-08-28
Pages 402
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The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.



India and China at Sea

India and China at Sea Author David Brewster
ISBN-10 9780199091683
Release 2018-01-25
Pages 272
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China and India are emerging as major maritime powers as part of long-term shifts in the regional balance of power. As their wealth, interests, and power grow, the two countries are increasingly bumping up against each other across the Indo-Pacific. China’s growing naval presence in the Indian Ocean is seen by many as challenging India’s aspirations towards regional leadership and major power status. How India and China get along in this shared maritime space—cooperation, coexistence, competition, or confrontation—will be one of the key strategic challenges for the entire region. India and China at Sea is an essential resource in understanding how the two countries will interact as major maritime powers in the coming decades. The essays in the volume, by noted strategic analysts from across the world, seek to better understand Indian and Chinese perspectives about their roles in the Indian Ocean and their evolving naval strategies towards each other.



Complicity in International Law

Complicity in International Law Author Miles Jackson
ISBN-10 9780191056758
Release 2015-03-12
Pages 272
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This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.



Individual Criminal Responsibility in International Law

Individual Criminal Responsibility in International Law Author Elies van Sliedregt
ISBN-10 9780199560363
Release 2012-03-01
Pages 337
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Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.



Recognition of Governments in International Law

Recognition of Governments in International Law Author Stefan Talmon
ISBN-10 0198265735
Release 1998
Pages 393
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Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in international law; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highly topical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.



The Interpretation of Acts and Rules in Public International Law

The Interpretation of Acts and Rules in Public International Law Author Alexander Orakhelashvili
ISBN-10 9780199546220
Release 2008
Pages 594
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This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.



The Oxford Handbook of the History of International Law

The Oxford Handbook of the History of International Law Author Bardo Fassbender
ISBN-10 9780191632525
Release 2012-11-01
Pages 1272
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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.



Maritime Power and the Law of the Sea

Maritime Power and the Law of the Sea Author James Kraska
ISBN-10 9780199877676
Release 2011-01-19
Pages 484
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In Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed. Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.