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State Responsibility for Interferences with the Freedom of Navigation in Public International Law

2007-10-25 Law
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Release : 2007-10-25
Genre : Law
Kind : eBook
Book Rating : 332/5 ( reviews)

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Book Synopsis State Responsibility for Interferences with the Freedom of Navigation in Public International Law by : Philipp Wendel

Download or read book State Responsibility for Interferences with the Freedom of Navigation in Public International Law written by Philipp Wendel. This book was released on 2007-10-25. Available in PDF, EPUB and Kindle. Book excerpt: Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.

Freedom of Navigation and Globalization

2014-10-09 Law
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Release : 2014-10-09
Genre : Law
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Book Rating : 087/5 ( reviews)

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Book Synopsis Freedom of Navigation and Globalization by : Myron H. Nordquist

Download or read book Freedom of Navigation and Globalization written by Myron H. Nordquist. This book was released on 2014-10-09. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.

Flag State Responsibility

2009-06-12 Law
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Release : 2009-06-12
Genre : Law
Kind : eBook
Book Rating : 339/5 ( reviews)

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Book Synopsis Flag State Responsibility by : John N. K. Mansell

Download or read book Flag State Responsibility written by John N. K. Mansell. This book was released on 2009-06-12. Available in PDF, EPUB and Kindle. Book excerpt: All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .

International Law: A Very Short Introduction

2015-11-26 Law
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Release : 2015-11-26
Genre : Law
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Book Rating : 204/5 ( reviews)

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Book Synopsis International Law: A Very Short Introduction by : Vaughan Lowe

Download or read book International Law: A Very Short Introduction written by Vaughan Lowe. This book was released on 2015-11-26. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order

2016-10-05 Law
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Release : 2016-10-05
Genre : Law
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Book Rating : 293/5 ( reviews)

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Book Synopsis Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order by : Md Saiful Karim

Download or read book Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order written by Md Saiful Karim. This book was released on 2016-10-05. Available in PDF, EPUB and Kindle. Book excerpt: In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism. This book comprehensively examines the existing international legal framework for combating maritime terrorism and argues for a an updated framework to tackle modern threats. In particular, Karim highlights the important task of national courts in the prosecution of suspected maritime terrorists as well as the settlement of disputes arising from maritime terrorism. It fills in important gaps in the existing literature and proposes a path for the influence of international juridical institutions.

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