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The Precautionary Principle in the Law of the Sea
The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.
European Union Maritime Safety Policy and International Law
This book offers a comprehensive international law analysis of the European Uniona (TM)s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventi...
Maritime Disputes and International Law
The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and min...
Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ)
This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)
Law of the Sea, Environmental Law and Settlement of Disputes
This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of i...
Joint Development of Offshore Oil and Gas Resources in the Arctic Ocean Region and the United Nations Convention on the Law of the Sea
The Arctic Ocean region presents certain challenges to peaceful cooperation between states, particularly in the locations where ocean boundaries and ownership of the related resources are disputed. The establishment of Joint Development Zones (JDZs) for the development of offshore oil and gas resources in the Arctic Ocean can facilitate international cooperation over resource development where there are competing claims. These claims are generally based on continental shelf jurisdiction under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). There are several alternative dispute resolution measures available under UNCLOS, however, a number of states have preferred to adopt a JDZ as an interim measure to allow development. The significance of JDZs for the Arctic Ocean region is that they can allow peaceful cooperation and development where the specific circumstances of Arctic claims make it difficult for the respective states to agree on the maritime boundary.
Port State Jurisdiction and the Regulation of International Merchant Shipping
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspect...
International Law and Boundary Disputes in Africa
Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disp...
Coexistence, Cooperation and Solidarity (2 vols.)
This Liber Amicorum, dedicated to Judge Rüdiger Wolfrum of the International Tribunal for the Law of the Sea, highlights paradigmatic changes in international law, a body of law which moved during the 20th century from a law of coexistence to one of cooperation and which is now about to reflect notions of solidarity going even beyond cooperative undertakings. This leitmotif of Rüdiger Wolfrum’s academic research and judgeship is represented in a comprehensive collection of essays by eminent scholars and practitioners of international law covering specific aspects of international law, including law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and domestic law. With its multifaceted and comprehensive overview of the evolution of international law in recent years and detailed study of current challenges this collection is a unique source of insight for all those interested in this fascinating field of law.
