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The law of the sea is no more than a part of international law. Though there is a special international tribunal in this area for the law of the sea, the maritime dispute settlement still defer to the framework of dispute settlement of international law. This note will take an opportunity to...
Persistent link: https://www.econbiz.de/10014070951
International maritime industry constitutes one of the areas in which the resource to arbitration and other ADR devices have enjoyed a traditional and far-reaching character. This trend has increased in recent years due both to the highly complex nature of the maritime industry and to the costs...
Persistent link: https://www.econbiz.de/10012895873
Tensions between Lebanon and Israel have been running high during the last months due to a legal dispute over rights to newly discovered natural oil and gas reserves in the Mediterranean Sea. Formally at war for years, and without diplomatic relations, Israel and Lebanon have never agreed on a...
Persistent link: https://www.econbiz.de/10013036840
The 1982 LOS Convention locked in the quot;Thames Formula,quot; an approach that assigns primacy to flag States in implementing and enforcing the international maritime regime. Decades of experience have demonstrated that the balance of interests struck by the Thames Formula fails to meet the...
Persistent link: https://www.econbiz.de/10012756472
This article addresses some of the complex legal issues raised by the sustainable use of marine biological diversity in areas beyond national jurisdiction and the deficiencies in its existing legal protection. The importance ofsuch an undertaking was emphasised by the Conference of the Parties...
Persistent link: https://www.econbiz.de/10012750233
This is a summary of developments in New Zealand relating to the law of the sea in 2012. Developments include the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, Marine Legislation Bill 2012, inquiries into foreign charter fishing vessels, fishing cooperation in...
Persistent link: https://www.econbiz.de/10014139266
The word "piracy" has been applied to acts of murder, robbery, plunder, rape and other villainous deeds which have transpired throughout history. Piracy usually conjures up images of a flag with skull and crossbones and of swashbucklers, plundering ships and taking booty as prize. Traditionally,...
Persistent link: https://www.econbiz.de/10014139359
The article focuses on the potential impacts of climate change on ocean ecosystems and coastal resources and explores the prospects for bringing causes of action under the United Nations Convention on the Law of the Sea. The article also includes a discussion of the potential barriers to such a...
Persistent link: https://www.econbiz.de/10014055835
I model the ocean as an array of lines set within a two-dimensional frame, and show how the Exclusive Economic Zone emerged as an equilibrium in customary international law. I find that custom codifies the efficient Nash equilibrium of enclosure for nearshore fisheries. For highly migratory and...
Persistent link: https://www.econbiz.de/10014315058
With depletion of the oceans through overfishing and other anthropogenic and other activities, law seems incapable of adequately protecting marine biodiversity. Through green legal theory, this Chapter demonstrates the entanglement of the United Nations Convention on the Law of the Sea’s...
Persistent link: https://www.econbiz.de/10014259697