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Dispute settlement in the UN convention on the law of the sea
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ISBN: 0521835208 0521118328 1107139554 0511170866 0511080824 0511326629 0511494378 1280415673 0511196407 0511080069 9780521835206 9780511080821 9780511080067 9780511494376 9781280415678 9780521118323 9780521118323 9780511326622 9781107139558 9780511170867 9780511196409 Year: 2005 Volume: 39 Publisher: Cambridge : Cambridge University Press,

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Abstract

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Keywords

Law of the sea --- Arbitration, International --- United Nations Convention on the Law of the Sea --- Arbitration (International law) --- Arbitration, International. --- Law of the sea. --- Arbitration (International law). --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Law and legislation --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约 --- Law --- General and Others --- CONVENTION DES NATIONS UNIES SUR LE DROIT DE LA MER --- DROIT DE LA MER --- ARBITRAGE INTERNATIONAL --- CONTENTIEUX

Modern law of the sea
Author:
ISBN: 9789004158917 900415891X 9786611921828 1281921823 9047423402 9789047423409 6611921826 Year: 2008 Publisher: Leiden Boston Martinus Nijhoff Publishers

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These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea.

Unresolved issues and new challenges to the law of the sea : time before and time after
Authors: --- ---
ISSN: 01675362 ISBN: 9004151915 9789004151918 9047409884 9789047409885 9789047409885 1281399515 9786611399511 Year: 2006 Volume: v. 54 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.

Oceans Management in the 21st Century: Institutional Frameworks and Responses
Authors: ---
ISBN: 9004138528 9789004138520 1429409959 9781429409957 9047405366 9789047405368 1280915161 9781280915161 9786610915163 6610915164 Year: 2004 Publisher: Leiden; Boston : Brill | Nijhoff,

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The 1982 United Nations Convention on the Law of the Sea created a new framework for the conduct of maritime affairs. The Convention remains a shining example of international cooperation, diplomacy and the role of international law in the regulation of international affairs and oceans management. The institutions established under the Convention, which entered into force in 1994, are now all operating and the way they are fulfilling their tasks under the Convention is taking shape. Chapters throughout this book assess the roles and impact upon oceans management of the International Tribunal for the Law of the Sea, the International Sea-Bed Authority, the Commission on the Limits of the Continental Shelf, and the Convention's Meeting of States Parties. Institutions outside the Convention's framework are also assessed, including the International Maritime Organization in respect of the regime for archipelagic sea lanes and international straits, the Food and Agriculture Organization and regional fisheries organizations, and the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. In the evolving area of oceans management, the way in which global and regional institutions have been involved in implementing the Convention on the Law of the Sea raises both questions concerning the interpretation of the Convention's substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea's continuing evolution in the years ahead.

Keywords

Law of the sea. --- Maritime law. --- Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Law, Maritime --- Marine law --- Merchant marine --- Merchant ships --- Navigation --- Navigation laws --- Shipping --- International law --- Commercial law --- Law of the sea --- High seas, Jurisdiction over --- Ocean --- Ocean law --- Sea, Law of the --- Maritime law --- Territorial waters --- Law and legislation --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约

Continental shelf limits : the scientific and legal interface
Authors: ---
ISBN: 0197561217 1280761601 0198027869 9780198027867 9786610761609 6610761604 0195117824 9780195117820 Year: 2000 Publisher: Oxford ; New York : Oxford University Press,

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Article 76 of the United Nations Convention on the Law of the Sea lays down the rules and regulations governing claims to a continental shelf beyond 200 nautical miles for the 130 coastal states and entities that have ratified or acceded to it. This book is designed to help those coastal states implement the provisions of Article 76, covering the technical issues involved and explaining the interface between the legal concepts contained within the article.

Keywords

Continental shelf. --- Territorial waters. --- Limit, Three-mile (Territorial waters) --- Marginal sea (Territorial waters) --- Maritime belt (Territorial waters) --- Territorial sea --- Three-mile limit (Territorial waters) --- Bodies of water --- Jurisdiction, Territorial --- Territory, National --- Contiguous zones (Law of the sea) --- Continental shelf --- Economic zones (Law of the sea) --- Innocent passage (Law of the sea) --- Law of the sea --- Continental margins --- Territorial waters --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- Measurement. --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约


Book
The Law of the Sea Convention : US accession and globalization
Authors: ---
ISBN: 1280569271 9786613598875 9004202323 9789004202320 9781280569272 9789004201361 900420136X 6613598879 Year: 2012 Publisher: Leiden ; Boston : M. Nijhoff Publishers,

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The Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world’s oceans and their management. Organized into two major sections, Part l presents the findings of senior-level experts addressing the fact that the United States is not a Party to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Brought together on the occasion of the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), panels considered the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development, including the undersea cable industry, as well as ramifications for U.S. national security and navigational rights. Part ll of the volume examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of experts, the work brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP. Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.


Book
The 1982 law of the sea convention at 30 : successes, challenges and new agendas
Author:
ISBN: 1299154697 9004245049 9789004245044 9004245030 9789004245037 9789004245037 Year: 2013 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea. The book highlights some of the strengths of the legal regime established by the Convention, and reviews some of the more significant lacunae in the Convention regime. Recognizing the significant changes that have taken place in scientific knowledge and political agendas in the thirty years since 1982, it reviews the challenges that these new agendas pose to the Convention regime.


Book
United Nations Convention on the Law of the Sea at Thirty : Reflections
Author:
ISBN: 921055826X 9789210558266 9789211337945 9211337941 Year: 2013 Publisher: New York : United Nations,

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On the occasion of the commemoration of the 30th anniversary of the opening for signature of the 1982 United Nations Convention on the Law of the Sea, delegates of the Third United Nations Conference on the Law of the Sea overwhelmingly responded to the request from the Legal Counsel of the United Nations to send their personal recollections and reflections to be set out in a publication. The result is a very personal tribute to the negotiations which took place in the last century and which led to the adoption of the Convention. It is a reflection of the spirit of consensus at the Third United Nations Conference and of the importance the Convention still has thirty years later as the legal framework for all matters related to the oceans and seas.


Book
Marine scientific research : a revised guide to the implementation of the relevant provisions of the United Nations Convention on the Law of the Sea
Author:
ISBN: 9210544781 9789210544788 9789211336955 9211336953 Year: 2010 Publisher: [Place of publication not identified] United Nations

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Book
The Outer Limits of the Continental Shelf : Legal Aspects of their Establishment
Authors: ---
ISBN: 1281512893 9786611512897 3540798587 3540798579 3642098592 Year: 2008 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.

Keywords

Continental shelf --- Territorial waters. --- Law and legislation. --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- Limit, Three-mile (Territorial waters) --- Marginal sea (Territorial waters) --- Maritime belt (Territorial waters) --- Territorial sea --- Three-mile limit (Territorial waters) --- Bodies of water --- Jurisdiction, Territorial --- Territory, National --- Contiguous zones (Law of the sea) --- Economic zones (Law of the sea) --- Innocent passage (Law of the sea) --- Law of the sea --- Science, Humanities and Social Sciences, multidisciplinary. --- Public International Law . --- Law of the Sea, Air and Outer Space. --- Public international law. --- Law of the sea. --- International law. --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law of nations --- Nations, Law of --- Public international law --- Law --- Law and legislation --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约

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