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book (2)


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2023 (2)

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Book
Sovereignty and the Limits of International Law : Regulating Areas Beyond National Jurisdiction.
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ISBN: 100098656X 1000986551 1003453287 Year: 2023 Publisher: Milton : Taylor & Francis Group,

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Abstract

"The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and marine genetic resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical - are these areas beyond nation States' jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigates this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators"--


Book
The Territory of Japan : Its History and Legal Basis
Author:
ISBN: 9819930138 9789819930135 981993012X 9789819930128 Year: 2023 Publisher: Singapore : Springer Nature Singapore : Imprint: Springer,

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This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022. Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws. Kentaro Serita is Professor Emeritus of Kobe University, Japan.

Keywords

Law of the sea. --- International law. --- Aeronautics—Law and legislation. --- International relations. --- Japan—History. --- Asia—History. --- International relations—History. --- Mediation. --- Dispute resolution (Law). --- Arbitration (Administrative law). --- Law of the Sea, Air and Outer Space. --- International Relations. --- History of Japan. --- Asian History. --- Diplomatic and International History. --- Dispute Resolution, Mediation, Arbitration. --- Administrative arbitration --- Arbitration, Administrative --- Administrative law --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- National security --- Sovereignty --- World politics --- 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 --- Maritime law --- Territorial waters --- Law and legislation --- Territory, National --- Islands --- Economic zones (Law of the sea) --- Continental shelf --- History

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