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The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings concerning the Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission (SRFC) (Request for Advisory Opinion submitted to the Tribunal). The documents are reproduced in their original language. The Tribunal delivered its Advisory Opinion on 2 April 2015. It is published in the Reports of Judgments, Advisory Opinions and Orders 2015 (ITLOS Reports 2015). Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer. Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents produits au cours de l’instance relative à la Demande d’avis consultatif soumise par la Commission Sous-Régionale des Pêches (CSRP) (Demande d’avis consultatif soumise au Tribunal). Les documents sont reproduits dans la langue originale utilisée. Le Tribunal a rendu son avis consultatif le 2 avril 2105. L’avis est publié dans le Recueil des arrêts, avis consultatifs et ordonnances 2015 (TIDM Recueil 2015).
Law of the sea --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law and legislation
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Asia-Pacific and the Implementation of the Law of the Sea reviews the legislative and policy approach taken by selected States to fulfil their obligations under the United Nations Law of the Sea Convention (LOSC). Australia, Canada, China, Japan, Korea, Malaysia, Singapore and Vietnam are examined in detail together with an analysis of the United States’ prospects of ratifying the LOSC and its current approach to implement the international law of the sea. The book reveals areas of regional variation and consensus in legislative approaches to implement LOSC obligations, contributing to the progressive development of the law of the sea.
Law of the sea --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law and legislation
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Law of the sea --- Law of the sea. --- Pacific Area. --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- Law and legislation --- Asia-Pacific Region --- Asian and Pacific Council countries --- Asian-Pacific Region --- Pacific Ocean Region --- Pacific Region --- Pacific Rim --- International law --- Maritime law --- Territorial waters
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Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement.
Marine mammals --- Marine animals --- Wildlife conservation (International law) --- Law of the sea. --- Law and legislation. --- Conservation --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Marine fauna --- Ocean animals --- Sea animals --- Aquatic animals --- Marine organisms --- Fishery law and legislation --- Game laws --- Law and legislation
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This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community. Though academic in its approach in dealing with one of the most fundamental issues of space law to date, the book has very practical ambitions. By offering a pragmatic interpretation of the space law principles that are likely to remain the legal foundations of asteroid mining for the foreseeable future, Exclusive use in an inclusive environment hopes to inform academics, practitioners and policymakers alike in their future attempts at working out a fair, equitable and effective management regime for the exploitation of natural resources in outer space.
Law. --- Law --- Law of the sea. --- International law. --- Law of the Sea, Air and Outer Space. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- Law of nations --- Nations, Law of --- Public international law --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- Law and legislation --- International law --- Maritime law --- Territorial waters --- Jurisprudence --- Law—Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation
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"Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres."--
Marine mammals --- Marine animals --- Wildlife conservation (International law) --- Law of the sea --- Law and legislation --- Conservation --- Wildlife conservation (International law). --- Law of the sea. --- LAW / International. --- Law and legislation. --- Conservation&delete& --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- Marine fauna --- Ocean animals --- Sea animals --- 599 --- 599 Mammalia. Mammals --- Mammalia. Mammals --- International law --- Maritime law --- Territorial waters --- Aquatic animals --- Marine organisms --- Marine mammals - Law and legislation --- Marine animals - Conservation - Law and legislation
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The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the corpus juris spatialis. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential Relations With Alien Intelligences The Scientific Basis of Metalaw by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan.
Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Public law. --- Law of the sea. --- Law of the Sea, Air and Outer Space. --- Private International Law, International & Foreign Law, Comparative Law. --- Public Law. --- Space law --- Aeronautics --- Law and legislation --- Aerospace law --- Astronautics --- Space flight --- International law --- Private International Law, International & Foreign Law, Comparative Law . --- Law --- Public law . --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- Maritime law --- Territorial waters --- Civil law
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This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).
Law. --- International law. --- Law of the sea. --- Law of the Sea, Air and Outer Space. --- Sources and Subjects of International Law, International Organizations. --- Cyberterrorism. --- Aeronautics, Commercial. --- Air service --- Air transport --- Air transportation industry --- Air transportation system --- Civil aeronautics --- Civil aviation --- Commercial aeronautics --- Commercial aviation --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Law of nations --- Nations, Law of --- Public international law --- Law --- Aeronautics --- Computer crimes --- Terrorism --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law and legislation
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This book critically investigates the conditions of seafarers’ rights in China in legislation and in practice, focusing in particular on the restructuring process following the 2006 Maritime Labour Convention. Accordingly, it poses key research questions to major Chinese stakeholders to gauge their responses to the Convention, to determine whether the protection of Chinese seafarers has actually improved since the advent of the Convention, and further, to identify the continuing challenges for future improvement. The Convention will enter into force in China in November 2016, bringing with it significant changes.
Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Law of the sea. --- Law of the Sea, Air and Outer Space. --- Private International Law, International & Foreign Law, Comparative Law. --- Merchant mariners --- Legal status, laws, etc. --- Merchant marine --- Merchant seamen --- Personnel --- Sailors --- Private International Law, International & Foreign Law, Comparative Law . --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Civil law --- Law and legislation
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This work focuses on a specific aspect of the enforcement of maritime claims, namely judicial sales of ships, a procedure creditors typically resort to in the event of an irreversible default situation. A substantial part of the book approaches the topic from a comparative perspective, the goal being to assess the similarities and differences of the judicial sale procedure between three specific jurisdictions: Belgium, the Netherlands, and England & Wales. In this study, the comparison is used to further analyse the impacts of these differences on the effectiveness and reliability of the judicial sale procedure in each jurisdiction and also forms the basis for assessing the feasibility of harmonising judicial sale procedures and fostering their acceptance. Considering the international character typical of judicial sales of ships, conflict-of-law questions are very likely to arise during these procedures. Accordingly, the comparative study, where appropriate, is viewed against a private international law background.
Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Law of the sea. --- Private International Law, International & Foreign Law, Comparative Law. --- Law of the Sea, Air and Outer Space. --- European Law. --- Maritime law --- Judicial sales --- Sales, Judicial --- Executions (Law) --- Sales --- Tax-sales --- Private International Law, International & Foreign Law, Comparative Law . --- Law—Europe. --- Law of nations --- Nations, Law of --- Public international law --- Law --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Territorial waters --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Law and legislation --- Civil law
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