UNCLOS: Solutions for Managing the Maritime Global Commons, Alok Bansal, Deeksha Goel, Siddharth Singh
Автор: Hong, Nong Название: UNCLOS and Ocean Dispute Settlement ISBN: 0415505275 ISBN-13(EAN): 9780415505277 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Поставка под заказ.
Описание: This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.
Автор: Mandaraka-Sheppard, Aleka Название: Modern Maritime Law (Volume 2) ISBN: 0415839068 ISBN-13(EAN): 9780415839068 Издательство: Taylor&Francis Рейтинг: Цена: 33686.00 р. Наличие на складе: Поставка под заказ.
Описание: This book explores the scope and applicability of chapter XII of the United Nations Conventions on Law of the Sea (UNCLOS), relating to the enforcement of international maritime legislation on air pollution. It focuses on enforcement of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI) and the strengthened global sulphur limit which comes into force in 2020. The book also examines enforcement of the international regulatory measures on Greenhouse Gasses (GHG) for shipping which the UN's International Maritime Organization (IMO) is set to adopt through its GHG Strategy. The first chapters in Part I provide an overall introduction to relevant regulations of MARPOL Annex VI, UNCLOS, Port State Control (PSC), the EU Sulphur Directive and basic jurisdictional principles of international law. Part II analyses the amplified enforcement and notifying obligations of UNCLOS chapter XII placed on flag States and the broadened jurisdictions for port and coastal States to enforce. This includes extraterritorial enforcement by port States on the high seas and how overlapping jurisdictions are resolved. These theoretical discussions on jurisdiction are tied to practical applications pertaining to PSC, detention and sanctions.Part III projects the conclusions of Part II on to enforcement of other IMO legislation. Finally, with the increased environmental challenges relating to global warming, and given the special legal status of ships, Part IV offers an analysis of whether the IMO's regulatory measures on GHG could, in the future, be considered peremptory norms of a 'jus cogens' character, also addressing the legal implications relating to State responsibility and enforcement.
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