The Development of the Law of the Sea Convention: The Role of International Courts and Tribunals

Author:   Øystein Jensen
Publisher:   Edward Elgar Publishing Ltd
ISBN:  

9781839104251


Pages:   296
Publication Date:   11 August 2020
Format:   Hardback
Availability:   To order   Availability explained
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The Development of the Law of the Sea Convention: The Role of International Courts and Tribunals


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Overview

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, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin

Full Product Details

Author:   Øystein Jensen
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 15.60cm , Height: 2.10cm , Length: 23.40cm
Weight:   0.558kg
ISBN:  

9781839104251


ISBN 10:   1839104252
Pages:   296
Publication Date:   11 August 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Contents: Preface xi 1 General introduction 1 Øystein 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 Øystein Jensen Index 268

Reviews

'The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the genuine link , hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.' -- Tullio Treves, Former Judge, The International Tribunal for the Law of the Sea


Author Information

Edited by Øystein Jensen, Senior Research Fellow, the Fridtjof Nansen Institute, Norway and Associate Professor of Law, University of South-Eastern Norway

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