Regulation on Navigation of Foreign Vessels: Asia-Pacific State Practice focuses on one of the most contentious and diverse subject areas of the international law of the sea: foreign vessel rights of navigation in national waters. Featuring contributions from leading scholars in the law of the sea, the book is organized in four parts in accordance with the geography of the Asia-Pacific region: Northeast Asia; Southeast Asia; North America; and Australasia. The volume examines the divergence and uniformity of state practice and legal cultures impacting the legislation concerning oceans and ocean activities.

In a lively narrative that includes fascinating historical research as well up-to-date information on the current effort to combat piracy, this lucidly presented book provides a coherent, practical blueprint for tackling, and perhaps resolving, the international menace of both piracy and terrorism. Attacks on cargo ships along the Somali coast by maritime thieves have recast the image of piracy for the twenty-first century. Gone is the faded sepia image of Captain Kidd and buried treasure. In its place are gangs of seaborne brigands with rocket launchers, who bear a striking resemblance in appearance and actions to terrorists. This compelling study shows that the case for linking piracy and terrorism goes much deeper than shared imagery. In fact, from a legal standpoint piracy may offer civilized society the key to fighting international terrorism. Drawing both from historical examples and the present-day situation in the Gulf of Aden, the author proves that piracy and terrorism are the same crime. If the international community took the logical step of defining terrorists as pirates, these thugs would no longer find a safe harbor and they could be captured wherever they are found under the customary law of universal jurisdiction. Moreover, the current maze of legal restrictions that hampers the prosecution of both pirates and terrorists would be eliminated. Examining measures taken by states over one hundred years ago to stamp out piracy, the author constructs a model law for terrorism based on piracy. He then suggests how such a law for terrorism might transform the hunt for al-Qaeda and other terrorist organizations. It would provide both a precedent and a legal framework for future trials and would facilitate the capture of suspected terrorists around the world.

The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new "transit passage" regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.

A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.

For the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas's interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities' protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means). Of the 49 essays written by scholars and practitioners from different parts of the world six are in French.

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and due mainly to complicated sovereignty and maritime disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. Marine Protected Areas Network in the South China Sea discusses legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to decreasing the tension among its coastal States. These measures are suggested in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions.

This volume offers a comprehensive and empirically rich analysis of regional maritime disputes in the South China Sea (SCS). By discussing important aspects of the rise of China's maritime power, such as territorial disputes, altered perceptions of geo-politics and challenges to the US-led regional order, the authors demonstrate that a regional power shift is taking place in Asia-Pacific. The volume also provides in-depth discussions of the responses to Chinese actions by SCS claimants as well as by important non-claimant actors.

In Sustainable Ocean Resource Governance an international group of eminent authors offer perspectives on the legal interface between sustainable economic growth, effective marine resource management and urgent environmental protection of the sea by addressing three key issues: deep sea mining, marine energy generation, and seabed pipeline and cable systems. In light of the sectoral nature of current ocean governance and the existing patchwork of management arrangements for the oceans, this book gives insights in search for a coherent and consistent sustainability approach.

Water Law and Cooperation in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach builds on the increased attention for international water governance questions in the UN International Year of Water Cooperation (2013) to evaluate various management issues related to the Euphrates and Tigris rivers, with particular attention to the legal governing framework. Alongside contributions by legal scholars from the respective riparian countries on the national water law, the book offers a unique interdisciplinary perspective on political, hydrological and environmental aspects of water management in the region. Additionally, the overall legal implications of water sharing and water resource management are addressed analyzed, in a critical overview. Finally, Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach serves as a comprehensive analysis of modern water law in its inclusion of comparative studies of legal and institutional aspects of water management systems in other international river basins. Legal scholars, political scientists, specialists in conflict resolution, economists and policy-makers will find an essential new work in Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach.

The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.

With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority's obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority's work in regulating and managing deep seabed minerals. This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.

This work focuses in different parts - with particular emphasis on China - on issues that arose during the 2004 States Parties meeting to the UN Convention on the Law of the Sea, held during the GA session; on integrated coastal zone management; on oil and gas development in the South China Sea environment; on regional fisheries in the Northeast Asian seas as well as in the South China Sea; on regional maritime enforcement; on global developments in marine science; on commercial shipping in the region; and on protection of underwater cultural heritage issues and regional cooperation. The book makes clear that there is a strong, shared commitment to cooperative solutions over disputes within the framework of the 1982 Convention on the Law of the Sea and will be useful to anyone analyzing this field of law or working on these issues. Co-Publication With: The Center for Oceans Law and Policy.

A close analysis of the framework of existing governance and the existing jurisdictional arrangements for shipping and ports reveals that while policy-making is characterized by national considerations through flags, institutional representation at all jurisdictions and the inviolability of the state, the commercial, financial, legal and operational environment of the sector is almost wholly global. This governance mismatch means that in practice the maritime industry can avoid policies which it dislikes by trading nations off against one another, while enjoying the freedoms and benefits of a globalized economy. A Post-modern interpretation of this globalized society prompts suggestions for change in maritime policy-making so that the governance of the sector better matches more closely the environment in which shipping and ports operate. Maritime Governance and Policy-Making is a controversial commentary on the record of policy-making in the maritime sector and assesses whether the reason for continued policy failure rests with the inadequate governance of the sector. Maritime Governance and Policy-Making addresses fundamental questions of governance, jurisdiction and policy and applies them to the maritime sector. This makes it of much more interest to a much wider audience - including students, researchers, government officials, and those with industrial and commercial interests in the shipping and ports areas - and also of more value as it places the specific maritime issues into their wider context. Maritime Governance and Policy-Making addresses fundamental questions of governance, jurisdiction and policy and applies them to the maritime sector. This makes it of much more interest to a much wider audience - including students, researchers, government officials, and those with industrial and commercial interests in the shipping and ports areas - and also of more value as it places the specific maritime issues into their wider context.

In The Marine Environment and United Nations Sustainable Development Goal 14, leading marine experts assess the scope, achievements, and limitations of UNSDG 14 for the conservation and sustainable use of marine resources. Chapters discuss the challenges and gaps of ocean governance through five key sections: Conservation and Sustainable Use of Oceans and Their Resources; Biodiversity beyond National Jurisdiction; Status of Deep Seabed Minerals; Marine Pollution and Coastal Ecosystems; and Climate Change and the Oceans. This important book illustrates current challenges facing sustainable marine development and management, and provides necessary insights for a coherent path forward.

The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.

In Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?, Signe Veierud Busch undertakes a study of all coastal State submissions to the Commission on the Limits of the Continental Shelf and asks under which circumstances and to what extent States other than the coastal State may intervene in the process of establishing final and binding continental shelf limits. After analysing relevant provisions in the UN Convention on the Law of the Sea and the Commission's Rules of Procedure compared with the practice of States and the Commission, Busch raises the overall question if the possibility for other States to block the work of the Commission may in fact be undermining the mandate and functions of the Commission.

No individual has contributed more to the stability and peaceful order in the world's oceans in the last four decades than Satya N. Nandan. Peaceful Order in the World's Oceans, edited by Michael W. Lodge and Myron H. Nordquist, collects original and substantive essays in his honor from eminent figures from around the world. The volume is organized into four parts. With contributions from leading statesmen and women, the first section focuses on Ambassador Nandan's unique talents and accomplishments as a diplomat. Next, a series of essays examines Nandan's pivotal involvement in framing The United Nations Convention on the Law of the Sea and provides original topical contributions on baselines, offshore drilling and delimitation of the continental shelf. Contributions related to deep seabed mining, the establishment of the International Seabed Authority and marine scientific research are included in the third part and finally, chapters devoted to international fisheries, issues of sustainability, conservation and management are offered. Peaceful Order in the World's Oceans will be of great interest to all those concerned with the Law of the Sea.

Combining practical and theoretical approaches, this book addresses the political, legal and economic implications of maritime disputes in East Asia. The maritime disputes in East Asia have multiplied over the past few years, in parallel with the economic growth of the countries in the region, the rise of nationalist movements, fears and sometimes fantasies regarding the emergence of the People's Republic of China (PRC) as a global power, increasing military expenses, as well as speculations regarding the potential resources in various disputed islands. These disputes, however, are not new and some have been the subject of contention and the cause of friction for decades, if not centuries in a few cases. Offering a robust analysis, this volume explores disputes through the different lenses of political science, international law, history and geography, and introduces new approaches in particular to the four important disputes concerning Dokdo/Takeshima, Senkaku/Diaoyu, Paracels and Spratlys. Utilising a comparative approach, this book identifies transnational trends that occur in the different cases and, therefore, at the regional level, and aims to understand whether the resurgence of maritime disputes in East Asia may be studied on a case by case basis, or should be analysed as a regional phenomenon with common characteristics. This book will be of interest to students of Asian Politics, Maritime Security, International Security, Geopolitics and International Relations in general.

This pioneering publication provides a "Reference Guide" to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this "Reference Guide" largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of this "Reference Guide." It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.

"Pleadings, Minutes of Public Sittings and Documents. 2007 - Volume 14" The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in "The Tomimaru Case (Japan v. Russian Federation), Prompt Release." The documents are reproduced in their original language. The Tribunal delivered its Judgment on 6 August 2007. It is published in "Reports of Judgments, Advisory Opinions and Orders 2005-2007 (ITLOS Reports 2005-2007)." "M moires, proc s-verbaux et documents. 2007 - volume 14" Le Tribunal international du droit de la mer est une juridiction internationale qui a comp tence en mati re de r glement des diff rends relatifs au droit de la mer. Il est une instance centrale pour le r glement des diff rends relatifs l interpr tation et l application de la Convention des Nations Unies sur le droit de la mer. Le pr sent volume contient le texte des pi ces de la proc dure crite, des proc s-verbaux des audiences publiques et d autres documents relatifs la proc dure dans l "Affaire du Tomimaru (Japon c. F d ration de Russie), prompte mainlev e." Les documents sont reproduits dans la langue originale utilis e. Le Tribunal a rendu son arr t le 6 ao t 2007. L arr t est publi dans "Recueil des arr ts, avis consultatifs et ordonnances 2005-2007 (TIDM Recueil 2005-2007)."

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than State Parties (such as international organizations and natural or legal persons). The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement with confers jurisdiction on the Tribunal. This volume contains the Judgments and Orders delivered by the Tribunal in the year 2002 in English and French. Le Tribunal international du droit de la mer est un organe judiciaire independant cree par la Convention des Nations Unies sur le droit de la mer pour connaitre des differends relatifs a l'interpretation et l'application de la Convention. Le Tribunal est ouvert aux Etats Parties a la Convention et, dans certains cas, a des entites autres que les Etats Parties (telles que des organisations internationales et des personnes physiques et morales). La competence du Tribunal s'etends a tous les differends qui lui sont soumis conformement a la Convention. Elle s'etends egalement a toutes les matieres prevues de maniere specifique dans tout autre accord qui confere competence au Tribunal. Le present volume contient le texte en francais et en anglais des arrets et ordonnances rendus par le Tribunal au cours de l'annee 2002.

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.

The long-awaited consolidation of the UK merchant shipping legislation finally arrived with the passing of the Merchant Shipping Act 1995 which replaced the thirty or so Acts dating from the Merchant Shipping Act 1894. This new edition of Merchant Shipping Act 1995 - An Annotated Guide provides an authoritative and practical guide to the implications of this important legislation. Written in a clear and accessible style, the authors guide you chronologically through each of the Act's 313 sections. They include expert commentary and analysis to assist your understanding and interpretation of the Act. Merchant Shipping Act 1995 - An Annotated Guide is an essential first-stop reference guide, providing guidance on the appropriate authorities and more detailed texts to which further reference can be made. It is also annotated throughout with comprehensive tables and indexes, making it a truly practical working tool. Thoroughly revised and up-dated, the second edition includes details of: Amendments to the Merchant Shipping Act 1995 The Merchant Shipping and Maritime Security Act 1997 Statutory instruments and regulations introduced to supplement the Merchant Shipping Act The most recent case law Updated references to other texts, which have themselves been updated in the last 4 years