The Implications Of The Concept Of Equity In The New Law Of The Sea

Author : Timo Knaebe
Publisher : GRIN Verlag
ISBN 13 : 3638532992
Total Pages : 49 pages
Book Rating : 4.90/5 ( download)

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Download or read book The Implications of the Concept of Equity in the New Law of the Sea written by Timo Knaebe and published by GRIN Verlag. This book was released on 2006-08-10 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: B+, University of Dar es Salaam (Faculty of Law), course: Law of the Sea, language: English, abstract: Equity as a legal concept is a direct emanation of the idea of justice. It was however a long time, before this understanding broke way in municipal law, let alone that it became accepted by a majority in Public International Law, as the lawyers [in England] had a maxim that they would tolerate a ‘mischief’ [a failure of substantial justice in a particular case] rather than an ‘inconvenience’ [a breach of legal principle]. The parties to the case were however mostly not satisfied with such ‘inconvenience’ resulting from the ‘hard nosed’ municipal Common Law and started to seek redress from a higher authority — in this case the King of England. This (royal) remedy is based on the concept of ‘Equity,’ which — as understood in this paper — was applied to correct unjust outcomes and referred to considerations of fairness, and reasonableness. Eventually, the foremost municipal concept of Equity found entry into international jurisprudence. However, mostly civil law countries — whose approach towards Equity was and is more reluctant — were challenging this understanding, arguing that the Court “should work on the basis of existing rights,” in Public International Law a distinction of different ‘Equities’ was developed. As will be shown, the usage of some of these ‘Equities’ is highly controversial, whereas others are today nearly commonly accepted as part of today’s Public International Law.

Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0192638270
Total Pages : 224 pages
Book Rating : 4.74/5 ( download)

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Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Author : Alex G. Oude Elferink
Publisher : Cambridge University Press
ISBN 13 : 1108691897
Total Pages : 456 pages
Book Rating : 4.95/5 ( download)

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Download or read book Maritime Boundary Delimitation: The Case Law written by Alex G. Oude Elferink and published by Cambridge University Press. This book was released on 2018-03-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries.

Author : Tomas Heidar
Publisher : BRILL
ISBN 13 : 9004437754
Total Pages : 498 pages
Book Rating : 4.53/5 ( download)

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Download or read book New Knowledge and Changing Circumstances in the Law of the Sea written by Tomas Heidar and published by BRILL. This book was released on 2020-09-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

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.

Author : Irini Papanicolopulu
Publisher : BRILL
ISBN 13 : 9004375171
Total Pages : 388 pages
Book Rating : 4.78/5 ( download)

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Download or read book Gender and the Law of the Sea written by Irini Papanicolopulu and published by BRILL. This book was released on 2019-05-07 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender and the Law of the Sea successfully establishes the relevance of gender at sea and posits that feminist perspectives can help develop a more inclusive law for the oceans.

Author : The Hon Justice Mr Winston Anderson
Publisher : BRILL
ISBN 13 : 9004503196
Total Pages : 469 pages
Book Rating : 4.99/5 ( download)

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Download or read book The Law of the Sea in the Caribbean written by The Hon Justice Mr Winston Anderson and published by BRILL. This book was released on 2022-01-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea in the Caribbean discusses the evolution and growth of the law of the sea in the Caribbean and its contribution to the sustainable development of Caribbean States.

Author : Snjólaug Árnadóttir
Publisher : Cambridge University Press
ISBN 13 : 1316517896
Total Pages : 269 pages
Book Rating : 4.95/5 ( download)

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Download or read book Climate Change and Maritime Boundaries written by Snjólaug Árnadóttir and published by Cambridge University Press. This book was released on 2021-12-09 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of how climate change affects maritime boundaries, suggesting ways for the international law community to mitigate the effects.

Author : Gemma Andreone
Publisher : Springer
ISBN 13 : 3319512749
Total Pages : 278 pages
Book Rating : 4.47/5 ( download)

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Download or read book The Future of the Law of the Sea written by Gemma Andreone and published by Springer. This book was released on 2017-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

Author : Maarten den Heijer
Publisher : Springer Nature
ISBN 13 : 9462655278
Total Pages : 446 pages
Book Rating : 4.70/5 ( download)

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Download or read book Netherlands Yearbook of International Law 2020 written by Maarten den Heijer and published by Springer Nature. This book was released on 2022-08-26 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.