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Books > Law > International law > Public international law > Law of the sea
This book offers a unique and scholarly perspective on a little-studied subject: maritime crime and policing. The seas and oceans cover 70 percent of the earth’s surface and 90 percent of world trade by volume travels by sea. Furthermore, the refugee crisis has produced an inflow of people attempting to find a better life, particularly in Northwest Europe and the UK, which has had an impact on the maritime domains of European ports. While there has been attention paid to the role of maritime policing by scholars in maritime security studies, little attention has been paid by criminologists and policing studies scholars. This book aims to fill this gap. Bringing together a range of international scholars, this book covers a variety of topics pertinent to maritime crime and its policing, such as fraud, piracy and armed robbery at sea, illegal and unregulated fishing, smuggling, people trafficking, illegal immigration, illegal dumping and pollution, arms trafficking, terrorism, and cargo theft. It brings together new perspectives on several key criminological themes such as transnational organised crime, criminalisation, and securitisation and provides a bold new direction for the landlocked discipline of criminology and policing studies. An accessible and compelling read, this book will be of interest to students and scholars of criminology, policing, sociology, politics, migration studies, and all those interested in the policing of the sea.
The 2019 Chagos Advisory Opinion of the International Court of Justice is a decision of profound legal and political significance. Presented with a rare opportunity to pronounce on the right to self-determination and the rules governing decolonization, the ICJ responded with remarkable directness. The contributions to this book examine the Court's reasoning, the importance of the decision for the international system, and its consequences for the situation in the Chagos Archipelago in particular. Apart from bringing the Chagossians closer to the prospect of returning to the islands from which they were covertly expelled half a century ago, the decision and its political context may be understood as part of a broader shift in North/South relations, in which formerly dominant powers like the UK must come to terms with their waning influence on the world stage, and in which voices from former colonies are increasingly shaping the institutional and normative landscape.
Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards. This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.
Handbook of Maritime Economics and Business brings together, contributions of over fifty internationally known academics from thirty different countries, all of whom are members of the International Association of Maritime Economists (IAME). Second edition contributors are John Theotokas, Douglas K. Fleming, Mary R. Brooks, Michael Tamvakis, Manfred Zachcial, Merv Rowlinson, Patrick Alderton, Siri Pettersen Strandenes, Martin Stopford, Amir H. Alizadeh, Nikos K. Nomikos, David Glen, Enrico Musso, William Sjostrom, Peter Marlow, Bernard Gardner, Trevor D. Heaver, Wayne K. Talley, Heather Leggate, Michael Roe, Peter Marlow, A. Guldem Cerit, Anastassios N. Perakis, Photis M. Panayides, Stephen X.H. Gong, Helen Thanopoulou, Helen Bendall, Manolis G. Kavussanos, Nikos N. Nomikos, Amir H. Alizadeh, Eddy Van de Voorde, Hilde Meersman, Kunio Miyashita, Ernst G. Frankel, Lauri Ojala, David Menachof, Alfred J. Baird, Kevin Cullinane, Jan Hoffman, Shashi Kumar, Joon Soo Jon, Andreas Vergottis and
Laser focus on a broad range of issues concerning the shipmaster, all available in one volume. Provides an invaluable aid to decision making for ship managers and operators. Includes a comprehensive history of international law affecting the shipmaster. Compares regimes of law for shipmasters (and crews) across different jurisdictions. Examines shipmaster duties and liabilities and penalties in all IMO member states.
Steel: Carriage by Sea provides invaluable information on how to prevent claims arising when transporting steel, including careful handling, good stowage, and care of cargo, throughout its entire journey. The book covers every aspect of the transportation and surveying of steel products carried on ships. This fifth edition provides practical advice on: how to prevent damage to steel cargoes * how to deal with subsequent claims * the different types of steel products manufactured and their particular packing requirements * how the various types of steel products should be loaded, stowed, lashed, secured, and ventilated aboard a ship * maintenance of the ships' hatchovers, tanktop strength, and cargo documentation * the surveying and claims handling of the various types of steel products * the corrosion process of steel * the various types of surveys carried out in connection with steel products and their associated survey reports * the causation and assessment of loss for the different
This book analyzes the legal and economic situation concerning the removal and allocation of natural resources in the Caspian Sea - the largest enclosed body of salt water in the world, which not only constitutes a fragile ecosystem with tremendous fishery resources, but is also rich in oil and gas deposits. After more than 20 years of negotiations, the five littoral states signed the Convention on the Legal Status of the Caspian Sea in August 2018. This book investigates whether this long-awaited agreement may pave a way forward for the sustainable and peaceful development of the Caspian region. The newly introduced regulations on the delimitation of the boundaries, on the Caspian Sea's natural resources (especially its fossil fuels) and on the transport of goods by shipping and submarine pipelines, are of utmost importance for the successful participation of the Caspian states in global markets. In addition to a detailed analysis of the Convention, the book offers an up-to-date and comprehensive overview of the historical background and current status of issues that are of critical importance for the region's development and security.
A practical and user-friendly guide to the collision regulations, with full interpretations of the rules and clear diagrams. A thorough understanding of the International Regulations for the Prevention of Collisions at Sea (ColRegs) is essential for a wide range of professionals as well as amateur mariners. Written in legal text rather than easy to understand terminology, it is not a surprise that the Colregs are subject to gross misunderstanding and confusion. This makes this a difficult area for the thousands of mariners who need to learn, understand and remember them. This handbook is the answer. Expert marine training director Simon Jinks provides straightforward explanations of the complex situations that the Regulations discuss. He gives simple and comprehensive interpretation of the ColRegs rule by rule, giving students and professionals the clarity they need for exam prep and dealing with real-life situations. Colour illustrations of all lights and shapes, and clear diagrams provide additional support for students. The handbook also includes chapters on bridge watch-keeping, radar plotting and techniques for answering ColRegs questions in MCA exam conditions. It shows you where other maritime regulations work hand-in-hand with ColRegs. Simon Jinks is an experienced teacher of ColRegs to students who are studying for MCA Masters, OOW, Boat master and Chief Mates exams, plus those who are studying for RYA Yachtmasters and IYT Master of Yacht Qualifications and want to have an in-depth knowledge. The book adapts the author's teaching notes, developed over many years, with added extras around the subject to help in greater understanding.
This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.
This book analyzes and discusses the sovereignty of the Nansha Islands, combining legal and historical perspectives, traditional international law theories, and empirical studies based on an extensive body of historical maps from around the globe to do so. Ultimately, the book argues that China has sovereignty over the Nansha Islands and the surrounding waters, either on the basis of historical claims or modern realities. In recent years, the Nansha disputes have attracted considerable attention. Far from being resolved, they have instead become even more heated. The only reasonable way to solve the problem, as argued here, is on the basis of relevant history and legislation. Addressing this highly topical issue, the book also provides an English-speaking audience with access to essential content on the sovereignty, history, and legislation concerning the Nansha Islands.
This book assesses the environmental jurisdiction of coastal states over the seabed within and beyond 200 nautical miles from the baselines, thus mapping out coastal states' competencies to regulate activities impacting the marine environment of the sea floor. In addition, it offers revealing insights into the domestic legal and policy framework of a particular State in this regard. As Brazil intends to exploit mineral resources farther away offshore, technologically backed by the recognised expertise of its state-owned oil company, Petrobras, questions arise as to the adequacy of the country's domestic legal framework to sustainably manage the immenseness of the "Brazilian Blue Amazon". This book critically evaluates the compatibility of Brazil's national policies and legislation with the Law of the Sea, as well as the country's legal and institutional preparedness to face the challenges of managing approximately 4,5 million km(2) of maritime spaces under national jurisdiction.
This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers' affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.
Examining the international and contemporary issues in ocean use
management, this book places current problems such as marine
pollution, overfishing, and oil drilling in their proper historical
context. Not since the publication of Hugo Grotius' "The Freedom of
the" "Seas" in 1609 has the area of ocean law been explored so
in-depth, while recent technological advances and population
increases mean that the oceans are no longer so vast that
individuals or nations can exploit them without consideration of
their future uses.
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States' diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders' role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “…(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth’s surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.
The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.
The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.
In the last 50 years marine conservation has grown from almost nothing to become a major topic of global activity involving many people and organisations. Marine conservation activities have been applied to a huge diversity of species, habitats, ecosystems and whole seas. Many marine conservation actions have focused on human impacts on the marine environment from development and pollution to the impacts of fisheries. Whilst science has provided the backbone of thinking on marine conservation, perhaps the biggest change over this period has been the use of an ever-increasing range of techniques and disciplines to further marine conservation ends. Bob Earll explores what marine conservation involves in practice by providing a synthesis of the main developments from the viewpoints of 19 leading practitioners and pioneers who have helped shape its progress and successes. Their narratives highlight the diversity and richness of activity, and the realities of delivering marine conservation in practice with reference to a host of projects and case studies. Many of these narratives demonstrate how innovative conservationists have been - often developing novel approaches to problems where little information and no frameworks exist. The case studies described are based on a wide range of European and international projects. This book takes an in-depth look at the reality of delivering marine conservation in practice, where achieving change is often a complicated process, with barriers to overcome that have nothing to do with science. Marine conservationists will often be working with stakeholders for whom marine conservation is not a priority. This book aims to help readers describe and understand those realities, and shows that successful and inspirational projects can be delivered against the odds.
The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
This book presents a global overview of the key provisions (Article 76) of the United Nations Convention on the Law of the Seas, under which many countries will be able to claim a significant addition to their continental shelf. The aim of the book is to persuade government officials of the resource and environmental implications involved, to provide background information about the development of Article 76, and to help coastal States in developing their submissions for an extended continental shelf. Topics include: characteristics for continental margins, distance determination, bathymetric data collection, geological and geophysical techniques, and boundary conditions.
This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea. |
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