maritime security and the law of the sea oxford monographs in international law

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Maritime Security And The Law Of The Sea

Author : Natalie Klein
ISBN : 9780191652851
Genre : Law
File Size : 72. 94 MB
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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
ISBN : 9780198715481
Genre : Law
File Size : 53. 46 MB
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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.

International Maritime Security Law

Author : James Kraska
ISBN : 9789004233577
Genre : Law
File Size : 87. 50 MB
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International Maritime Security Law, by James Kraska and Raul Pedrozo, defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans

Relevant Circumstances And Maritime Delimitation

Author : Malcolm David Evans
ISBN : UOM:39015028715939
Genre : Business & Economics
File Size : 37. 58 MB
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Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.

Saving The Oceans Through Law

Author : James Harrison
ISBN : 9780198707325
Genre : Law
File Size : 42. 93 MB
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The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

Maritime Security Issues In The South China Sea And The Arctic Sharpened Competition Or Collaboration

Author : 侯秉东
ISBN : 9787516200360
Genre : Political Science
File Size : 22. 20 MB
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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。

Jurisdiction Over Ships

Author : Henrik Ringbom
ISBN : 9789004303508
Genre : Law
File Size : 65. 33 MB
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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. It assess the convention’s continued authority in view of the most recent developments in state practice.

Exploring The Security Landscape Non Traditional Security Challenges

Author : Anthony J. Masys
ISBN : 9783319279145
Genre : Technology & Engineering
File Size : 36. 79 MB
Format : PDF
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This book provides international perspective for those studying or working in the security domain, from enforcement to policy. It focuses on non-traditional threats in a landscape that has been described as transnational in nature and incorporates natural disasters, gang violence, extremism and terrorism, amongst other issues. Chapters provide innovative thinking on themes including cyber security, maritime security, transnational crime, human security, globalization and economic security. Relevant theoretical frameworks are presented and readers are expertly guided through complex threats, from matters pertaining to health security which pose threats not only to humans but also have significant national security implications, to issues regarding critical infrastructure vulnerability and the complexity of understanding terrorist operations. Authors reveal how emerging uncertainties regarding global critical infrastructure and supply chain security, food security, and health security are linked to the notion of human security. Security professionals, policy makers and academics will all gain from the insights, strategies and perspectives in this book. It builds understanding of the deepening and broadening domain of security studies and provides a valuable reference text for courses on security studies and international relations.

Irresolvable Norm Conflicts In International Law

Author : Valentin Jeutner
ISBN : 9780198808374
Genre : Law
File Size : 67. 78 MB
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Conventionally, international legal scholarship concerned with norm conflicts focues on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.

The Interception Of Vessels On The High Seas

Author : Efthymios Papastavridis
ISBN : 9781782250852
Genre : Law
File Size : 60. 96 MB
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The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

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