[PDF] The Regime Of Bays In International Law eBook

Author : Mitchell P. Strohl
Publisher : Springer Science & Business Media
Page : 436 pages
File Size : 31,34 MB
Release : 2012-12-06
Category : Law
ISBN : 9401509670

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The purpose of this book is to describe the problems posed in the formulation of international rules for bays at the present time, to investigate the history of the several interests that have influenced the development of such rules, to trace the efforts that have been made to codify the rules, and to suggest a further refinement of the rules. This book seeks to combine the fruits of the writer's experience as a navigator with those of his studies in international law, geography, history and economics. Although, after study and thought upon the subject, there is likely to arise an initial desire to write a work that is truly definitive, one must resign himself to something of lesser scope. That being so, there is, if anything, an increased demand upon the writer to exercise careful judgment in his research, and in his exposition of the subject. This writer can only hope that he has discharged this responsi bility to the degree that his efforts will have clarified some issues and that what he has set on paper may be of some assistance to others. This writer has attempted to be as objective as possible in his inter pretations, and he has made no attempt to defend the policy of any State. In so doing, he is weil aware of the fact that for broader policy reasons, some of the views expressed herein cannot be officiaily accept ed as bases for action.

Author : Clive R. Symmons
Publisher : BRILL
Page : 471 pages
File Size : 37,1 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.

Author : Bing Bing Jia
Publisher : Oxford University Press
Page : 324 pages
File Size : 44,69 MB
Release : 1998
Category : Freedom of the seas
ISBN : 9780198265566

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Straits are peripheral formations in the study of geography, but have long been a source of controversy in international relations. They connect separate seas and divide the territory of states. This geographical fact invites legal disputes over international boundary drawing, request forpassage by foreign ships, assertion of territorial control over the waters forming straits, and the basis for a regime generally accepted as law in our times. This is a thorough and well-documented book which combines elements of history, geography, international shipping, and the law of the sea. Itasks the central question: what exactly is the current law governing this area, and also goes on to consider the concept of international straits, the distinction between existing treaty-based regimes and the general regime, and the special characteristics of straits that separate them from similararms of the sea in terms of law. In answering these questions, the author takes us back to the first regime for international straits in 1949, through to the practices of the present day. This will be an invaluable text for all international lawyers, particularly those specializing in the law ofsea.

Author : Gayl Shaw Westerman
Publisher : Oxford University Press
Page : 303 pages
File Size : 10,46 MB
Release : 1987-12-03
Category : Law
ISBN : 0195345371

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This first work in the new Oxford Monographs in International Law Series to be edited by Ian Brownlie, QC, FBA, is a study of juridical bays. In 1958, against a backdrop of increasing international tensions regarding rights to and control of waters enclosed by coastal indentations, the world community, in a historic compromise reached under United Nations auspices, adopted Article 7 of the Geneva Convention "On the Territorial Sea and the Contiguous Zone". Recognizing the need to balance the self-protective interests of coastal states and the international interests of a harmonious world community, the signatories to Article 7 decided, in effect, that once the water enclosed within a coastal indentation met the requirements set out under Article 7, an irrebutable presumption had been raised that the claimant state owned these waters as a matter of right against all other states. Well-drafted and remarkably unambiguous, Article 7 should have resolved the issue of unreasonably expansive bay claims forever, but, in fact, it did not. Disputes continued to arise. In the twenty years since its adoption, despite continuing national and international disputes, Article 7 has not received the analysis necessary to help it become a more reliable basis for conflict resolution in cases involving complex coastal configurations. This study, the first major examination of Article 7, interprets both its text and context and more importantly, offers solutions to some of the problems that continue to make the question of coastal bay-type waters sources of national and international conflict.