China s Practice in the Law of the Sea

Author: Jeanette Greenfield
Publisher: Oxford University Press
ISBN:
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In this book, which is an expansion of part of Dr Greenfield's earlier book China and the Law of the Sea, Air, and Environment, the author examines the current practice of the Government of the People's Republic of China in relation to the law of the sea, an area in which the CPR has latelybecome an active participant in the UN system. Concentrating on the Law of the Sea Convention which was signed by China this study also looks at recent efforts made by China to protect her offshore petroleum resources. Drawing on the much larger literature now available to foreign scholars, thisbook is set to become the definitive study of the subject.

China and International Fisheries Law and Policy

Author: Guifang Xue
Publisher: Martinus Nijhoff Publishers
ISBN: 9004148140
Format: PDF, Mobi
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This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China's fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.

Excessive Maritime Claims

Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 900421772X
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Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. Coverage includes current affairs in maritime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement, maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage.

The Limits of Maritime Jurisdiction

Author: Clive H. Schofield
Publisher: Martinus Nijhoff Publishers
ISBN: 9004262598
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The Limits of Maritime Jurisdiction brings together a renowned group of oceans scholars and practitioners to explore key contemporary law of the sea challenges facing the international community.

Maritime Security Issues in the South China Sea and the Arctic Sharpened Competition or Collaboration

Author: 侯秉东
Publisher: 中国民主法制出版社
ISBN: 7516200360
Format: PDF, ePub, Mobi
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北冰洋和南海近期来的海洋争端发展受到了世界的瞩目。不管是从地缘政治、安全战略抑或航行自由及国际航运的角度来看,两个海域都占据了非常重要的地位。该书从五个方面解读北冰洋和南海的海洋安全。第一部分介绍北冰洋和南海的地缘政治和争端的近期发展动态;第二部分主要介绍北冰洋和南海争端的法律问题;第三部分介绍与北冰洋和南海有关的航行和国际航运问题;第四部分从中、加、美三国的海军战略角度探讨这两个海域的重要性;第五部分探讨这两个海域潜在的挑战和合作机会。

Maritime Security and the Law of the Sea

Author: Natalie Klein
Publisher: OUP Oxford
ISBN: 0191652857
Format: PDF, Mobi
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Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

The Oxford Handbook of the Law of the Sea

Author: Donald R. Rothwell
Publisher: Oxford University Press, USA
ISBN: 019871548X
Format: PDF, ePub
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Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Jurisdiction in International Law

Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
ISBN: 0199688516
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

India and China at Sea

Author: David Brewster
Publisher: Oxford University Press
ISBN: 0199091684
Format: PDF, ePub
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China and India are emerging as major maritime powers as part of long-term shifts in the regional balance of power. As their wealth, interests, and power grow, the two countries are increasingly bumping up against each other across the Indo-Pacific. China’s growing naval presence in the Indian Ocean is seen by many as challenging India’s aspirations towards regional leadership and major power status. How India and China get along in this shared maritime space—cooperation, coexistence, competition, or confrontation—will be one of the key strategic challenges for the entire region. India and China at Sea is an essential resource in understanding how the two countries will interact as major maritime powers in the coming decades. The essays in the volume, by noted strategic analysts from across the world, seek to better understand Indian and Chinese perspectives about their roles in the Indian Ocean and their evolving naval strategies towards each other.

Complicity in International Law

Author: Miles Jackson
Publisher: Oxford University Press, USA
ISBN: 0198736932
Format: PDF
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Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.