State Ocean Jurisdiction

Author : Camille Goodman
Publisher : Oxford University Press
ISBN 13 : 019265067X
Total Pages : 433 pages
Book Rating : 4.72/5 ( download)

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Download or read book Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone written by Camille Goodman and published by Oxford University Press. This book was released on 2021-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.

Author : P. H. G. Vrancken
Publisher :
ISBN 13 : 9781032469379
Total Pages : 0 pages
Book Rating : 4.74/5 ( download)

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Download or read book State Ocean Jurisdiction written by P. H. G. Vrancken and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction"--

Author : P. H. G. Vrancken
Publisher :
ISBN 13 : 9781003383871
Total Pages : 0 pages
Book Rating : 4.74/5 ( download)

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Download or read book State Ocean Jurisdiction written by P. H. G. Vrancken and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.

Author : Patrick Henri Ghislain Vrancken
Publisher : Taylor & Francis
ISBN 13 : 1000901300
Total Pages : 246 pages
Book Rating : 4.06/5 ( download)

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Download or read book State Ocean Jurisdiction written by Patrick Henri Ghislain Vrancken and published by Taylor & Francis. This book was released on 2023-06-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.

Author : Henrik Ringbom
Publisher : BRILL
ISBN 13 : 9004303502
Total Pages : 466 pages
Book Rating : 4.08/5 ( download)

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Download or read book Jurisdiction over Ships written by Henrik Ringbom and published by BRILL. This book was released on 2015-08-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.

Author : Maria Gavouneli
Publisher : BRILL
ISBN 13 : 9047423186
Total Pages : 304 pages
Book Rating : 4.88/5 ( download)

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Download or read book Functional Jurisdiction in the Law of the Sea written by Maria Gavouneli and published by BRILL. This book was released on 2007-12-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.

Author : Donald Rothwell
Publisher : Oxford Handbooks in Law
ISBN 13 : 019871548X
Total Pages : 1073 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Oxford Handbook of the Law of the Sea written by Donald Rothwell and published by Oxford Handbooks in Law. This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. ThisOxford 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. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Author : Clive H. Schofield
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004262598
Total Pages : 812 pages
Book Rating : 4.91/5 ( download)

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Download or read book The Limits of Maritime Jurisdiction written by Clive H. Schofield and published by Martinus Nijhoff Publishers. This book was released on 2013-11-28 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Author : U.s. Commission on Ocean Policy
Publisher : CreateSpace
ISBN 13 : 9781494941710
Total Pages : 672 pages
Book Rating : 4.16/5 ( download)

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Download or read book An Ocean Blueprint for the 21st Century written by U.s. Commission on Ocean Policy and published by CreateSpace. This book was released on 2014-01 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation intrinsically connected to and immensely reliant on the ocean. All citizens—whether they reside in the country's farmlands or mountains, in its cities or along the coast—affect and are affected by the sea. Our grocery stores and restaurants are stocked with seafood and our docks are bustling with seaborne cargo. Millions of visitors annually flock to the nation's shores, creating jobs and contributing substantially to the U.S. economy through one of the country's largest and most rapidly growing economic sectors: tourism and recreation. The offshore ocean area under U.S. jurisdiction is larger than its total land mass, providing a vast expanse for commerce, trade, energy and mineral resources, and a buffer for security. Born of the sea are clouds that bring life-sustaining water to our fields and aquifers, and drifting microscopic plants that generate much of the oxygen we breathe. Energy from beneath the seabed helps fuel our economy and sustain our high quality of life. The oceans host great biological diversity with vast medical potential and are a frontier for exciting exploration and effective education. The importance of our oceans, coasts, and Great Lakes cannot be overstated; they are critical to the very existence and wellbeing of the nation and its people. Yet, as the 21st century dawns, it is clear that these invaluable and life-sustaining assets are vulnerable to the activities of humans. Human ingenuity and ever-improving technologies have enabled us to exploit—and significantly alter—the ocean's bounty to meet society's escalating needs. Pollution runs off the land, degrading coastal waters and harming marine life. Many fish populations are declining and some of our ocean's most majestic creatures have nearly disappeared. Along our coasts, habitats that are essential to fish and wildlife and provide valuable services to humanity continue to suffer significant losses. Non-native species are being introduced, both intentionally and accidentally, into distant areas, often resulting in significant economic costs, risks to human health, and ecological consequences that we are only beginning to comprehend. Yet all is not lost. This is a moment of unprecedented opportunity. Today, as never before, we recognize the links among the land, air, oceans, and human activities. We have access to advanced technology and timely information on a wide variety of scales. We recognize the detrimental impacts wrought by human influences. The time has come for us to alter our course and set sail for a new vision for America, one in which the oceans, coasts, and Great Lakes are healthy and productive, and our use of their resources is both profitable and sustainable. It has been thirty-five years since this nation's management of the oceans, coasts, and Great Lakes was comprehensively reviewed. In that time, significant changes have occurred in how we use marine assets and in our understanding of the consequences of our actions. This report from the U.S. Commission on Ocean Policy provides a blueprint for change in the 21st century, with recommendations for creation of an effective national ocean policy that ensures sustainable use and protection of our oceans, coasts, and Great Lakes for today and far into the future.

Author : Vito De Lucia
Publisher : BRILL
ISBN 13 : 9004506365
Total Pages : 469 pages
Book Rating : 4.67/5 ( download)

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Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.