[PDF] Legal Regime Of Islands eBook

Author : Sean D. Murphy
Publisher : BRILL
Page : 383 pages
File Size : 47,94 MB
Release : 2019-03-25
Category : Law
ISBN : 9004361545

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This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

Author : Clive Schofield
Publisher : BRILL
Page : 132 pages
File Size : 24,34 MB
Release : 2021-02-08
Category : Law
ISBN : 9004449477

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In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.

Author : Malcolm D. Evans
Publisher : Edward Elgar Publishing
Page : 215 pages
File Size : 20,20 MB
Release : 2023-07-01
Category : Law
ISBN : 1802207635

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This ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation.

Author : Jenny Grote Stoutenburg
Publisher : BRILL
Page : 504 pages
File Size : 34,43 MB
Release : 2015-07-28
Category : Law
ISBN : 9004303014

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Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.

Author : Xuechan Ma
Publisher : BRILL
Page : 396 pages
File Size : 34,91 MB
Release : 2021-11-29
Category : Law
ISBN : 9004504338

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The Spratly Islands and International Law examines legal solutions to problems arising from the absence of maritime boundaries in the Spratly Islands. The book draws on extensive sources of international law and formulates novel, concrete proposals for the way forward.