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Private Actors as Participants in International Law
This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.
International Commercial Arbitration and International Maritime Law from a German and Russian Perspective
This book contains contributions to two joint seminars organized by the Universities of Kiel and St. Petersburg. Both international commercial arbitration and maritime law are characterized by a mixture of international and national sources. The two subjects are brought together here in one volume as maritime disputes often go to arbitration and both areas show, from a theoretical perspective, a number of interesting parallels and differences. Germany and Russia have ratified the major conventions in these fields, but many issues are left to domestic law and deserve a comparative evaluation.
Looking to the Future
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.
Maritime Policy of the European Union and Law of the Sea
In June 2006 the European Commission published its so-called 'Green Paper' under the title: 'Towards a future Maritime Policy for the Union. A European vision for the oceans and seas.' In February 2006, looking ahead to this emerging vision, Prof. Dr. Dr. h.c. Peter Ehlers and Prof. Dr. Rainer Lagoni organised a seminar on 'Law of the Sea and Maritime Policy of the EC'. Participants were graduate scholars of the International Max Planck Research School for Maritime Affairs (IMPRS) at the University of Hamburg and graduate students. Their papers published here cover various legal and policy issues ranging from the maritime policy of the European Union relating to the 'Erika III Package', EMSA, security for ships and port facilities, the failed Port Package II, different aspects of fisheries management and law to sanctioning violations of MARPOL through criminal law.
Uncrewed Vessels and International Law
This policy-oriented jurisprudence presents the latest research findings on legal challenges faced by the international regulatory framework, as posed by the increasing deployment of uncrewed vessels at sea. It is the first publication that offers discussions and opinions reflecting a combined international and comparative (especially, eastern) perspective. The contributors from multiple jurisdictions elaborate on legal implications of the use of uncrewed vessels for military, commercial, scientific-research, and law-enforcement purposes from such diverse angles as the law of the sea, international humanitarian law, the law of war, global shipping regulation, marine environment protection, cybersecurity, and artificial intelligence and law.
The Unruly Ocean
This book introduces non-specialist readers to the history of how human societies have sought to control, use and exploit our oceans, seas and shorelines over time in different geographical and cultural contexts. The Unruly Ocean examines the development of the modern international legal regime – the law of the sea, maritime law, marine environmental and pollution law, fisheries regulation, and underwater cultural heritage law – and considers how effective these laws have been in addressing the many challenges facing marine and coastal environments ranging from piracy and war to oil spills and the extraction of marine resources. It concludes by discussing the socio-ecological crises facing the world’s oceans, seas and shorelines, and explores current ideas for reimagining a legal regime that restores the health of our oceanic realm and offers a more holistic, transboundary, rights-based approach to ocean governance. This book will be of value to law and non-law undergraduate and postgraduate students, as well as research scholars and other educated audiences interested in a legal history of the world’s oceans, seas and shorelines.
Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 27 (2019)
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The M/V “Norstar” Case (Panama v. Italy), Merits. The documents are reproduced in their original language. The Tribunal delivered its Judgment on 10 April 2019. It is published in the ITLOS Reports 2018-2019. Le présent volume reproduit les pièces de la procédure écrite, les procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure concernant l’Affaire du navire « Norstar » (Panama c. Italie), fond. Les documents sont publiés dans la langue originale utilisée. Le Tribunal a rendu son arrêt le 10 avril 2019. L’arrêt est publié dans le TIDM Recueil 2018-2019.
Gender and the Law of the Sea
Listen to the podcast with Nilufer Oral on 'Climate Change, Oceans and Gender' In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive. See inside the book.
Freedom of Navigation in the Exclusive Economic Zone
This book looks into ship-source pollution from an EU perspective and in view of recent far-reaching initiatives undertaken by this regional organization. These constitute the first regional approach with respect to ship-source pollution in the context of the freedom of navigation in the exclusive economic zone where criminalization beyond generally accepted international standards is arguably envisaged. With respect to the freedom of navigation of other States in this exclusive economic zone, this book confirms that it is closely related to, and at times serves as a prerequisite for, the exercise of their other freedoms and lawful uses of the sea therein, and that any impact on the freedom of navigation of other States in the exclusive economic zone may affect their other freedoms or associated rights.
The Oxford Handbook of the Use of Force in International Law
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system...
