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Books > Law > International law > Public international law > International law of transport & communications > General
In many respects cyberspace has created a new world. The online
phenomena encompass social, cultural, economic, and legal facets.
Exceeding the present Internet Governance concept the book analyses
the normative foundations and guiding principles of a global
cyberspace regime that includes the exchange of people, businesses,
governments, and other entities. Based on this assessment and
philosophical theories the book attempts to outline a model for a
general legal framework enshrining key principles of civil society
(such as human rights, ethics). The proposed global framework, not
in the form of a multilateral treaty but a morally convincing
declaration, could then be complemented by additional polycentric
regulations with binding effect, developed on the basis of
multistakeholder participation in a multi-layer concept.
This book embarks on a discussion of rulemaking in air transport,
its processes and legalities, starting with a deconstruction of
work carried out at the time of writing in various fields of air
transport by the International Civil Aviation Organization (ICAO)
which should be at the apex of rulemaking. This initial discussion,
which demonstrates the weakness of rulemaking in the air transport
field for lack of direction, purpose and structure in the
development of authoritative rules and regulations that should
serve as compelling directives from the main organization
responsible for aviation, leads to an evaluation of the fundamental
principles of rulemaking in ICAO, the Federal Aviation
Administration (FAA) of the United States and the European
Commission (EC).
In Climate Change and International Shipping: The Regulatory
Framework for the Reduction of Greenhouse Gas Emissions, Yubing Shi
provides ground-breaking analyses of the evolving regulatory
framework for the reduction of greenhouse gas emissions from
international shipping. This book examines the applicability of
international environmental law principles to the reduction of
greenhouse gas emissions from ships and assesses the responses of
the key stakeholders to the challenge of regulation. Based on these
in-depth analyses, Shi identifies key gaps in the current
regulatory framework for the reduction of greenhouse gas emissions
from international shipping, and proposes options for legal and
institutional reforms to improve the system in place.
Changing vessel technology presents a major challenge to
shipping manufacturers. A change in vessel design can require major
modifications of port facilities, information systems, and
marketing techniques. While shippers must be ready to make changes
in order to be competitive, they must be careful to choose
technology that can be successfully and economically implemented in
their market environment.
This volume examines the vessel technology issues that shipping
companies are confronting. Case studies are presented for liner
shipping, liquid and dry bulk shipping, and the ship-port
interface. The cases, based on actual industry situations, explore
management's options with and decisions on essential aspects of
changing vessel technology. Specific technologies are described
along with their economic, regulatory, and political
implications.
This book evaluates the application of the first autonomous
European civil procedures: the European Order for Payment and the
European Small Claims Procedure. The study offers an in-depth
comparative and empirical analysis of the way these instruments
function in interaction with national procedures in England and
Wales, France, Italy, and Romania. The analysis combines available
statistics with European and national case law, together with
practitioners' experience. This approach provides a comprehensive
understanding of the difficulties encountered, and of the solutions
chosen to overcome procedural intricacies and to secure parties'
procedural rights. The findings create a solid basis for enhancing
judicial cooperation and addressing the practical aspects related
to the application of the procedures. In its conclusion, the book
discusses the ongoing developments taking shape in this area, and
reflects on the implications that the legal standards established
by the European uniform procedures have for future developments.
The book is of particular relevance for practitioners and courts
applying the European Order for Payment and the European Small
Claims Procedures; for European and national legislators, and
policymakers working in this field; and for scholars interested in
European civil procedure.
The first single-volume reference of its kind, this
comprehensive handbook provides background information and analysis
on the full range of contemporary ocean use issues. Coverage
includes the development of ocean law, the evolving uses of oceans,
data on living and non-living ocean resources, the environmental
impact of pollution, and competing national claims over ocean
exploration. The volume also summarizes the most current research
available on the uses of oceans, incorporates the salient portions
of the 1982 Law of the Sea Convention in the topical surveys and
analyses presented, and discusses all of the other major
international conventions that have dealt with global ocean or
marine affairs. Students, researchers, and agency staff concerned
with the political and legal dimensions of ocean use will find this
an indispensable source.
The handbook begins with an overview of the world's oceans and
their physical and geographic features. The next two chapters
survey the international conferences that have been held on ocean
use and explore the historical development of international
principles on the law of the sea. Ocean resources and their
economic and political management form the focus of the following
four chapters, with separate chapters on living and non-living
resources and deep seabed mining. The final chapters address ocean
environmental protection and pollution prevention and the
implications of various uses of the ocean: military, navigation and
transport, and marine scientific research. The text is accompanied
by numerous charts and tables, end-of-chapter references, and seven
appendixes which contain valuable supplemental information such as
a chronological list of conventions and treaties on the law of the
sea, national legislation on exclusive economic zones, bilateral
fishery agreements, and more.
This book presents dispute settlement decisions of the World Trade
Organization by using extensive annotations, in-depth analysis, and
comprehensive summaries of case histories. The extensive index in
each volume enables access to particular titles. Legal precedents
and conclusions are detailed in the large annotations and
conclusion sections.
Common Heritage or Common Burden? contains a comprehensive and
authoritative assessment of the US role in the negotiations on the
UN Convention on the Law of the Sea and particularly in the
negotiations on one of the remaining commons, the ocean floor
beyond national jurisdiction. The author first examines the US view
of the lawfulness of deep seabed mining under international law. He
reviews the bureaucratic struggles, within the US Administration
and the Congress, concerning the options to be pursued at the
Conference; analyses the US position in the seabed negotiations
from 1974 to 1980; and casts a fresh look both on the Reagan
Administration's `policy review' of 1981-1982 which threatened the
Conference's outcome, and current US oceans policy which remains an
impediment to the Convention's early entry into force. The study
suggests that despite significant compromises negotiated between
the US and developing countries at the Conference up to 1980, the
emerging seabed regime was not as widely endorsed by US officials
as is generally assumed. Drawing on material collected from
interviews with many key negotiators, the study contributes to a
better understanding of domestic and international decision-making
procedures and the dynamics of international negotiations.
This bibliography is a convenient one-volume research guide that
covers the most important scholarly literature to date on ocean
policies, law, and public policy. Prepared alongside the Handbook
on Ocean Politics and Law (1992) published by Greenwood Press, this
bibliography gives a succinct summary of the basic sources of
information on the subject and then arranges 2081 entries into
twelve chapters on the following subjects: the physical features of
the world's oceans, international conferences on the uses of the
oceans, development of international principles, living resources,
non-living resources, deep seabed mining, marine pollution and
environmental protection, regional arrangements for environmental
protection, military uses of the oceans, navigation and shipping,
scientific research and technology transfer, and the major players
at UNCLOS III and their positions on key issues. Entries selected
for annotation include the most significant studies of ocean law
and politics, the most timely material, works that represent
different authors and viewpoints broadly, and discussions with
different perspectives from a historical standpoint. The
bibliography covers the major works on the subject for college,
university, institutional, and public libraries, and is easily
accessible with author and subject indexes for use by students,
experts, and the general public.
The international character of shipping and transport has always
been a great incubator for harmonisation of law. Recently, there
has been increasing interest within the EU in harmonisation of
general private law, with different harmonisation instruments such
as common core, PECL and DCFR coming into existence. Even though
both shipping and transport law and the harmonisation instruments
aim at further harmonisation of private law, the potential
interplay between them has never been examined thoroughly in
doctrine.In this book the possible impact of these private law
harmonisation instruments on shipping and transport law is
assessed. First of all the book investigates whether harmonisation
instruments can contribute to uniformity of shipping and transport
law in fields where such uniformity is currently lacking. Secondly,
it looks at whether the current harmonisation instruments or a
future European private law could change (inter)national shipping
and transport law.This cross-fertilisation between shipping law and
harmonisation instruments makes this book not only a valuable
instrument for shipping lawyers, but also for anyone interested in
harmonisation of private law.
With the deregulation of commercial airlines in 1978, the United
States airline industry has changed dramatically. Route entry and
exit flexibility, as well as fare setting have stimulated
competition, forcing airlines to emphasize cost control, increased
productivity, and effective marketing. How have these changes in
both public and private policies influenced airline safety? Do
airplanes have more accidents now than ever before? This work
examines the causes of airplane accidents and what private and
public policies are needed to improve aviation safety. It begins by
examining the safety record of the United States commuter airline
industry in the post-deregulation era characterized by increased
emphasis by airlines on cost control and growing pressures on the
air traffic control and airport system. The authors go beyond the
safety of the scheduled airlines to examine the reasons for
accidents in the nonscheduled and general aviation segments of the
United States industry, where the bulk of fatalities occur and
where airline pilots increasingly receive most of their training
and experience. They then turn to an examination of aviation safety
throughout the world, first with a detailed comparison of Canadian
and American aviation safety, and then with a look at air safety in
all regions of the world and the safety performances of all the
world's major airlines. Three emerging issues are then examined in
greater detail: assessing the margin of safety, worldwide aging of
all airline fleets, and terrorism. Clearly written, this careful
and systematic analysis of well over 15,000 individual aviation
accidents will provide greater insight for government officials,
aviation industrymanagers, and researchers, as well as laypeople
and other frequent flyers.
This book examines the changes in the governance of human
expression as a result of the development of the Internet. It tells
the story of the emergence of a global regime that almost
completely lacks institutions, and develops a concept of
'expression governance' that focusses on the governance practices
of key actors in Europe and North America. The book illuminates the
increased disciplinary capacity of the Internet infrastructure that
has become apparent to the public following Edward Snowden's leaks
in 2013, and provides a theoretical frame within which such changes
can be understood. It argues that the Internet has developed a
'global default' of permissible speech that exists pervasively
across the globe but beyond the control of any one actor. It then
demonstrates why the emergence of such a 'global default' of speech
is crucial to global conflict in the international relations of the
Internet. The book concludes with an elaboration of the regulatory
practices and theatrical performances that enable a global regime
as well as the three key narratives that are embedded within it.
"Maritime Boundaries" presents a variety of cases illustrating the
implications of recent changes in maritime territorial
jurisdiction. The articles examine issues such as: the history of
maritime boundaries, sea level rise and maritime boundaries, the
United States-Russia maritime boundary, and the stability of land
and sea boundary delimitations in international law.
Contributors: Peter B. Beazley, Rodman R. Bundy, Galo Carrera,
Jonathan I. Charney, Douglas Day, Gian Piere Francalanci, David
Freeston, Charles E. Harrington, Geoffrey Marston, John Pethick,
Tullio Scovazzi, Robert W. Smith.
Ross was an important Danish jurist who wrote a series of
influential treatises that combined legal realism, Continental
jurisprudence and Scandinavian legal concepts. Although its title
suggests a basic introductory work, A Textbook of International Law
is actually a sophisticated presentation of his international law
of jurisprudence. Reprint of the sole edition, never before
reprinted.
"It is a pleasant task to welcome a treatise on international law
with such a refreshingly new approach to the subject. (...) It
presents] the cardinal doctrines of international law according to
a scheme which is at once novel and stimulating to the English
reader." --R.Y. Jennings, Journal of Comparative Legislation &
International Law, 3rd. Series, 30 (1948) 122
Alf Niels Christian Ross 1899-1979] was Professor of Law at the
University of Copenhagen. In 1956 he was a visiting professor at
the University of Illinois. He served for seven years on the
constitutional committee that laid the groundwork for the Danish
constitution of 1953. His many books, which have been translated
extensively, include Towards a Realistic Jurisprudence (1946),
Constitution of the United Nations: Analysis of Structure and
Function (1950), Why Democracy? (1952), Directives and Norms (1968)
and On Guilt, Responsibility and Punishment (1975).
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