Dispute Resolution in the Law of the Sea

Dispute Resolution in the Law of the Sea

Author: Igor V. Karaman

Publisher: Martinus Nijhoff Publishers

Published: 2012-02-17

Total Pages: 438

ISBN-13: 9004212019

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The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.


Book Synopsis Dispute Resolution in the Law of the Sea by : Igor V. Karaman

Download or read book Dispute Resolution in the Law of the Sea written by Igor V. Karaman and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.


UNCLOS and Ocean Dispute Settlement

UNCLOS and Ocean Dispute Settlement

Author: Nong Hong

Publisher: Routledge

Published: 2012

Total Pages: 282

ISBN-13: 0415505275

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This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.


Book Synopsis UNCLOS and Ocean Dispute Settlement by : Nong Hong

Download or read book UNCLOS and Ocean Dispute Settlement written by Nong Hong and published by Routledge. This book was released on 2012 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.


Dispute Resolution in the Law of the Sea

Dispute Resolution in the Law of the Sea

Author: Igor V. Karaman

Publisher: Martinus Nijhoff Publishers

Published: 2012-02-17

Total Pages: 439

ISBN-13: 9004212027

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Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.


Book Synopsis Dispute Resolution in the Law of the Sea by : Igor V. Karaman

Download or read book Dispute Resolution in the Law of the Sea written by Igor V. Karaman and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.


Dispute Settlement in the UN Convention on the Law of the Sea

Dispute Settlement in the UN Convention on the Law of the Sea

Author: Natalie Klein

Publisher: Cambridge University Press

Published: 2005-01-06

Total Pages: 457

ISBN-13: 1139442538

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The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.


Book Synopsis Dispute Settlement in the UN Convention on the Law of the Sea by : Natalie Klein

Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.


Stress Testing the Law of the Sea

Stress Testing the Law of the Sea

Author: Stephen Minas

Publisher: BRILL

Published: 2018-09-06

Total Pages: 377

ISBN-13: 9004352929

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In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.


Book Synopsis Stress Testing the Law of the Sea by : Stephen Minas

Download or read book Stress Testing the Law of the Sea written by Stephen Minas and published by BRILL. This book was released on 2018-09-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.


A Bridge over Troubled Waters

A Bridge over Troubled Waters

Author: Helene Ruiz Fabri

Publisher: BRILL

Published: 2020-10-12

Total Pages: 482

ISBN-13: 900443495X

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A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.


Book Synopsis A Bridge over Troubled Waters by : Helene Ruiz Fabri

Download or read book A Bridge over Troubled Waters written by Helene Ruiz Fabri and published by BRILL. This book was released on 2020-10-12 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.


Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Author: Seoung Yong Hong

Publisher: BRILL

Published: 2009

Total Pages: 325

ISBN-13: 9004173439

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A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.


Book Synopsis Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea by : Seoung Yong Hong

Download or read book Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea written by Seoung Yong Hong and published by BRILL. This book was released on 2009 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.


The System for Settlement of Disputes Under the United Nations Convention on the Law of the Sea

The System for Settlement of Disputes Under the United Nations Convention on the Law of the Sea

Author: A. O. Adede

Publisher: BRILL

Published: 1987-08-11

Total Pages: 312

ISBN-13: 9789024733248

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Book Synopsis The System for Settlement of Disputes Under the United Nations Convention on the Law of the Sea by : A. O. Adede

Download or read book The System for Settlement of Disputes Under the United Nations Convention on the Law of the Sea written by A. O. Adede and published by BRILL. This book was released on 1987-08-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The South China Sea Arbitration

The South China Sea Arbitration

Author: S. Jayakumar

Publisher: Edward Elgar Publishing

Published: 2018-10-26

Total Pages:

ISBN-13: 1788116275

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Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.


Book Synopsis The South China Sea Arbitration by : S. Jayakumar

Download or read book The South China Sea Arbitration written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.


The Law of the Sea in the Caribbean

The Law of the Sea in the Caribbean

Author: The Hon Justice Mr Winston Anderson

Publisher: BRILL

Published: 2022-01-21

Total Pages: 469

ISBN-13: 9004503196

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The Law of the Sea in the Caribbean discusses the evolution and growth of the law of the sea in the Caribbean and its contribution to the sustainable development of Caribbean States.


Book Synopsis The Law of the Sea in the Caribbean by : The Hon Justice Mr Winston Anderson

Download or read book The Law of the Sea in the Caribbean written by The Hon Justice Mr Winston Anderson and published by BRILL. This book was released on 2022-01-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea in the Caribbean discusses the evolution and growth of the law of the sea in the Caribbean and its contribution to the sustainable development of Caribbean States.