The development of the Law of the Sea Convention : the role of international courts and tribunals

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書誌事項

The development of the Law of the Sea Convention : the role of international courts and tribunals

edited by Øystein Jensen

Edward Elgar, c2020

  • : cased

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, O. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin

目次

Contents: Preface xi 1 General introduction 1 Oystein Jensen 2 The regime of islands 14 Sir Malcolm D. Evans and Reece Lewis 3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime 48 Robin Churchill 4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone 73 Nigel Bankes 5 Managing transboundary fish stocks for sustainability 104 Andrew Serdy 6 Obligations of flag states in the exclusive economic zone 139 Aldo Chircop 7 Deep seabed mining 168 Aline Jaeckel 8 ITLOS and the tale of the tenacious 'genuine link' 190 Moira L. McConnell 9 Hot pursuit 216 Knut E. Skodvin 10 Historic rights 244 Seokwoo Lee and Lowell Bautista 11 Reflections 262 Oystein Jensen Index 268

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