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The advent of the nuclear age in 1945 fundamentally altered the
course of human events. The oceans are not the focus of the nuclear
age, but the affairs of the oceans are deeply woven into the
history of that age. Knowledge of what the nuclear age has meant
for the oceans, however, is highly fragmented and there exists a
surprising gap in research on the impact of the nuclear age on the
oceans and on ocean law and policy. Ranging from dumped wastes to
transportation to security, this study frames the complex
multidimensional set of relationships between the oceans and the
nuclear age and illuminates patterns of impact and response in
ocean law. This timely expanded edition includes a new chapter by
Lt. Todd Hutchins, USN, on "Nuclear Risks in Coastal Areas: Legal
and Regulatory Responses." It provides a full discussion of the
2011 coastal Fukushima Nuclear Power Plant disaster, together with
analysis more generally of the challenges to the environment and to
the legal order globally that are posed by coastal siting of
nuclear power plants.
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.
International arbitration has developed into a global system of
adjudication, dealing with disputes arising from a variety of legal
relationships: between states, between private commercial actors,
and between private and public entities. It operates to a large
extent according to its own rules and dynamics - a transnational
justice system rather independent of domestic and international
law. In response to its growing importance and use by disputing
parties, international arbitration has become increasingly
institutionalized, professionalized, and judicialized. At the same
time, it has gained significance beyond specific disputes and
indeed contributes to the shaping of law. Arbitrators have
therefore become not only adjudicators, but transnational
lawmakers. This has raised concerns over the legitimacy of
international arbitration. Practising Virtue looks at international
arbitration from the 'inside', with an emphasis on its
transnational character. Instead of concentrating on the national
and international law governing international arbitration, it
focuses on those who practise international arbitration, in order
to understand how it actually works, what its sources of authority
are, and what demands of legitimacy it must meet. Putting those who
practise arbitration into the centre of the system of international
arbitration allows us to appreciate the way in which they
contribute to the development of the law they apply. This book
invites eminent arbitrators to reflect on the actual practice of
international arbitration, and its contribution to the
transnational justice system.
Reaching past the secrecy so often met in arbitration, the second
edition of this commentary explains clearly and fully the workings
of the UNCITRAL Rules of Arbitral Procedure recommended for use in
1976 by the United Nations. This new edition fully takes account of
the revised Rules adopted in 2010 while maintaining coverage of the
original Rules where these remain relevant. The differences between
the old and the new Rules are clearly indicated and explained.
Pulling together difficult to obtain sources from the Iran-United
States Claims Tribunal, arbitrations under Chapter 11 of the North
American Free Trade Agreement, and ad hoc arbitrations, it
illuminates the shape the UNCITRAL Rules take in practice. The
authors cogently critique that practice in the light of the
negotiating history of the rules and solutions adopted by the other
major private rules of arbitral procedure. To aid the specialist in
the field, the practice of these various tribunals is extensively
extracted and reproduced. Rich both in its analysis and sources,
this text is indispensable for those working in or studying
international arbitration.
Disasters can strike often and with unexpected fury, resulting in
devastating consequences for local populations that are
insufficiently prepared and largely dependent upon foreign aid in
the wake of such catastrophes. International law can play a
significant role in the recovery after inevitable natural
disasters; however, without clear legal frameworks, aid may be
stopped, delayed, or even hijacked placing the intended suffering
recipients in critical condition. This edited volume brings
together experts, emerging scholars, and practitioners in the field
of international disaster law from North America, Japan, New
Zealand, and Australia to analyze the evolution of international
disaster law as a field that encompasses new ideas about human
rights, sovereignty, and technology. Chapters focus on specific
natural disasters like Hurricane Katrina, Cyclone Nargis, and
Typhoon Hainan in addition to volcanic and earthquake activity,
wildfires, and desertification. This book begins a dialogue on the
profound implications of the evolution of international law as a
tool for disaster response."
Disasters can strike often and with unexpected fury, resulting in
devastating consequences for local populations that are
insufficiently prepared and largely dependent upon foreign aid in
the wake of such catastrophes. International law can play a
significant role in the recovery after inevitable natural
disasters; however, without clear legal frameworks, aid may be
stopped, delayed, or even hijacked placing the intended suffering
recipients in critical condition. This edited volume brings
together experts, emerging scholars, and practitioners in the field
of international disaster law from North America, Japan, New
Zealand, and Australia to analyze the evolution of international
disaster law as a field that encompasses new ideas about human
rights, sovereignty, and technology. Chapters focus on specific
natural disasters like Hurricane Katrina, Cyclone Nargis, and
Typhoon Hainan in addition to volcanic and earthquake activity,
wildfires, and desertification. This book begins a dialogue on the
profound implications of the evolution of international law as a
tool for disaster response."
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