New approaches to the law of the sea (in honor of Ambassador José Antonio de Yturriaga-Barberán)

著者

書誌事項

New approaches to the law of the sea (in honor of Ambassador José Antonio de Yturriaga-Barberán)

Pablo Antonio Fernández-Sánchez, editor

（Law, crime, and law enforcement）

Nova Science Publishers, c2017

  • : hardcover

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注記

"Biography of José Antonio de Yturriaga-Barberán": p. [xi]-xii

"Bibliography of José Antonio de Yturriaga-Barberán": p. [xiii]-xix

Includes index

内容説明・目次

内容説明

New scenarios present in the sea require new legal and political approaches, because the rules governing these spaces have been out of place or new rules have arisen that require mitigation. Old aspects require new interpretations without prejudice of new uses not foreseen or contemplated in the frame of the Law of the Sea. In fact, many frustrations have been raised in this framework, because the Law of the Sea has been unable to give an answer to some of the expectations for which the United Nations Law of the Sea Convention was adopted. New doctrines and new interpretations have appeared to such an extent that experts hardly know whether they are going to lead them to a new system or to the modification of the present one. The part of the Law of the Sea that has been the most developed, but which has provoked greater problems at the same time has been the delimitation of maritime spaces, which has generated a new concept of states frontiers beyond the classical conception. This book analyses different aspects of marine delimitation. Concerning the environment, the authors focus on the analysis on the climatic change, where they have found a world of possibility to be explored. Everybody is aware that seas and oceans are the greatest dumping grounds of CO2 on Earth. Readers will easily understand that the global warming taking place is due to the lack of absorption by seas and oceans. Even more so, this provokes more storms and marine upheavals, which in turn cause the carbon deposited on the seabed to be moved and transferred to the surface, and this prevents a greater absorption of the atmospheric CO2. Finally, this book studies some social, economic and humanitarian problems affecting these maritime spaces; one has to take into consideration the new uses, the new frauds and the new dimensions that have created problems which did not exist before. In this case, the book explores sustainable fisheries and marine biodiversity, the management of marine living resources, the trafficking of persons and smuggling of migrants, the problems concerning Antarctica and the protection of underwater cultural heritage.

目次

  • Our Dreams, Frustrations & Unedited Facts Surrounding the Negotiations of the Third UN Conference on the Law of the Sea
  • A Canadian Looks Back at the Third United Nations Convention on the Law of the Sea Thirty Years Later
  • The Dry-Shore Doctrine
  • Gibraltar: Adjacent Waters to the Territory Yielded by Spain
  • The Concept of an Island in the Montego Bay Convention & Japanese Claims in Okinotorishima
  • Quo Vadis ITLOS?
  • The Advisory Function of the International Tribunal for the Law of the Sea as a Full Court & the Excessive Expansion of Its Jurisdiction
  • Marine Scientific Research under the Control of Coastal States
  • The Obligations of the Parties under the Law of the Sea Convention Pending the Final Settlement of a Maritime Delimitation Dispute over the Continental Shelf
  • The Use of Technical Experts by the International Court of Justice for Disputes Concerning the Law of the Sea
  • On Maritime Boundaries in the Gulf of Mexico & Adjacent Areas in the Caribbean
  • The Outer Limit of the Continental Shelf in the Recent International Jurisprudence
  • Looking for Oil around the Canary Islands: International Law & Politics in a Domestic Political Environment
  • Channelling of the International Responsibility in Case of Damage to the Oceans & Seas as a Result of Climate Change
  • The International Regime on Dumping at Sea & Climate Change Mitigation: Developments Concerning Carbon Dioxide Capture & Storage in Sub-Seabed Geological Formations
  • The Law of the Sea & the Acidification of the Ocean
  • The Protection of the Antarctic Environment
  • Sustainable Fisheries & Marine Biodiversity Conservation in Areas beyond National Jurisdiction
  • The Use of Trade-Related Measures as a Means of Promoting the Sustainable Management of Marine Living Resources
  • The Trafficking of People & Smuggling of Migrants at Sea: New Approaches at the European Level
  • The Law of the Sea & Antarctica: Effectiveness & Perspectives
  • The Protection of Underwater Cultural Heritage from the Perspective of International Law
  • The Law of the Sea & Antarctica: Effectiveness & Perspectives
  • Index.

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