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Whaling In The Antarctic

Author: Malgosia Fitzmaurice
Publisher: BRILL
ISBN: 9004313826
Size: 62.61 MB
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Introduction / Malgosia Fitzmaurice and Dai Tamada -- Methodologies and motivations : was Japan's whaling programme for purposes of scientific research? / Caroline E. Foster -- From the requirement of reasonableness to a 'comply and explain' rule : the standard of review in the whaling judgment / Shotaro Hamamoto -- The whaling convention and thorny issues of interpretation / Malgosia Fitzmaurice -- The 'margin of appreciation' in the use of exemptions in international law : comparing the ICJ whaling judgment and the case law of the ECtHR / Theodore Christakis -- Unfavourable but unavoidable procedures : procedural aspects of the whaling case / Dai Tamada -- Roads not taken, opportunities missed : procedural and jurisdictional questions Sidestepped in the Whaling Judgment / Christian J. Tams -- Whaling judgment and the challenges of dynamic treaty regimes / Mika Hayashi -- IWC and the ICJ judgment / Joji Morishita -- The whaling case : an Australian perspective / Donald R Rothwell -- After the whaling in the Antarctic judgment : its lessons and prospects from a Japanese perspective / Hironobu Sakai -- Science in the court! : the role of science in 'Whaling in the Antarctic' / Anthony Press -- Conclusion : the judgment, its implications and prospects / Akiho Shibata -- Conference report on 'Whaling in the Antarctic : the ICJ judgment and its implications', 31st May-1st June 2014, Kobe University, Japan / Yuri Takaya

Whaling And International Law

Author: Malgosia Fitzmaurice
Publisher: Cambridge University Press
ISBN: 1316462420
Size: 42.12 MB
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Whales are regarded as a totemic symbol by some nations and as a natural marine resource by others. This book presents a complex picture of legal problems surrounding the interpretation of the International Convention for the Regulation of Whaling and the role of its regulatory body, the International Whaling Commission. Contemporary whaling is about the competing interests of whaling nations (which are in the minority), non-whaling nations (which are in the majority) and indigenous peoples. Whales are covered by many international conventions, which has led to a very fragmented legal situation and does not necessarily ensure that whales are protected. This is one of the paradoxes of the contemporary international legal regime which are explored in this book. The book also examines the contentious issue of the right of indigenous peoples to whaling and questions whether indigenous whaling is very different from commercial practices.

International Liability Regime For Biodiversity Damage

Author: Akiho Shibata
Publisher: Routledge
ISBN: 1317910796
Size: 22.39 MB
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The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.

Marine Protected Areas In International Law

Author: Ingvild Ulrikke Jakobsen
Publisher: BRILL
ISBN: 9004324089
Size: 72.47 MB
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Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.

Excessive Maritime Claims

Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 900421772X
Size: 26.63 MB
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Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. Coverage includes current affairs in maritime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement, maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage.

Training Manual On International Environmental Law

Author: Lal Kurukulasuriya
Publisher: UNEP/Earthprint
ISBN: 9789280725544
Size: 73.55 MB
Format: PDF, ePub
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Offers an overview of the body of environmental law. This report is intended for legal stakeholders from various backgrounds including government representatives, judges, university professors and students to enable them to more effectively participate in the global, regional and national efforts to preserve the Earth for future generations.

Extraterritorial Application Of Human Rights Treaties

Author: Marko Milanovic
Publisher: OUP Oxford
ISBN: 0191504807
Size: 67.36 MB
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Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

The Imli Manual On International Maritime Law

Author: David Attard
Publisher: Oxford University Press
ISBN: 019150694X
Size: 33.15 MB
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This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume II: Shipping Law provides a detailed understanding of the historical development of shipping law looking at concepts, sources, and international organisations relating to shipping law; nationality, registration and ownership of ships; ship sale and shipping contracts; ship management and ship finance; arrest of ships; international trade and shipping documents; carriage of goods, passengers and their luggage by sea; maritime labour law; law of maritime safety; law of marine collisions; law of salvage; law of wrecks; law of general average; law of towage; law of harbours and pilotage; limitation of liability for maritime claims; and law of marine insurance. Volume II published in October 2014 addresses the major issues which arise in the law of the sea. The forthcoming Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

The Imli Manual On International Maritime Law

Author: David Joseph Attard
Publisher: Oxford University Press, USA
ISBN: 0199683921
Size: 27.60 MB
Format: PDF
View: 4802
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This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.