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Historic Waters and Historic Rights in the Law of the Sea

Author : Clive R. Symmons
Publisher : BRILL
Page : 471 pages
File Size : 25,70 MB
Release : 2019-03-27
Category : Law
ISBN : 9004377026

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This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.

Historic Waters and Historic Rights in the Law of the Sea

Author : Clive Ralph Symmons
Publisher :
Page : 0 pages
File Size : 28,84 MB
Release : 2019
Category : Continental shelf
ISBN : 9789004377011

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This new edition discusses the important clarifications on historic maritime claims--particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.

Excessive Maritime Claims

Author : J. Ashley Roach
Publisher : Martinus Nijhoff Publishers
Page : 997 pages
File Size : 34,34 MB
Release : 2012-06-22
Category : Law
ISBN : 900421772X

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Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

The Oxford Handbook of the Law of the Sea

Author : Donald Rothwell
Publisher : Oxford University Press, USA
Page : 1073 pages
File Size : 43,31 MB
Release : 2015
Category : Law
ISBN : 019871548X

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Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.

Baselines under the International Law of the Sea

Author : Coalter G. Lathrop
Publisher : BRILL
Page : 185 pages
File Size : 11,82 MB
Release : 2019-03-27
Category : Law
ISBN : 9004398147

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Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018: The Sophia Report (2012) and the Sydney Report (2018).

The Legal Regime of Straits

Author : Hugo Caminos
Publisher : Cambridge University Press
Page : 531 pages
File Size : 40,34 MB
Release : 2014-12-22
Category : Law
ISBN : 1316060608

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The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.

Freedom of Navigation and the Law of the Sea

Author : Cameron Moore
Publisher : Routledge
Page : 152 pages
File Size : 12,59 MB
Release : 2021-02-09
Category : Law
ISBN : 042975891X

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There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.