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Whaling In The Antarctic

Author: Malgosia Fitzmaurice
Publisher: BRILL
ISBN: 9004313826
Size: 65.75 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: 53.10 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: 1317910788
Size: 63.73 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.

Imagining Law

Author: Dale Stephens
Publisher: University of Adelaide Press
ISBN: 192526131X
Size: 30.95 MB
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By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.

United States Practice In International Law Volume 1 1999 2001

Author: Sean D. Murphy
Publisher: Cambridge University Press
ISBN: 9781139435321
Size: 64.56 MB
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Sean D. Murphy's wide-ranging and in-depth 2002 survey of U.S. practice in international law in the period 1999–2001 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. These areas include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, human rights, and international criminal law. At the time of its first publication this summary of the most salient issues was a central resource on U.S. practice in international law. The volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners was the first in a series of books capturing the international law practice of a global player.

Marine Protected Areas In International Law

Author: Ingvild Ulrikke Jakobsen
Publisher: BRILL
ISBN: 9004324089
Size: 13.72 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.

Functional Jurisdiction In The Law Of The Sea

Author: Maria Gavouneli
Publisher: BRILL
ISBN: 9047423186
Size: 55.67 MB
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Drawing on the essential premises of the Law of the Sea Convention as constotuion of the oceans, this book looks into the ways it can be evolved to accommodate new challenges to its regulatory scheme.

Exploitation Of Natural Resources In The 21st Century

Author: M. Fitzmaurice
Publisher: Kluwer Law International
ISBN: 9041120637
Size: 33.60 MB
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Sustainable development and the protection of the environment are concepts that have become inescapably connected. At the World Summit on Sustainable Development in Johannesburg in September 2002, the challenges facing the global environment were discussed at length. Air, water and marine pollution continue to rob millions of a decent life, loss of biodiversity continues, fish stocks are being depleted, desertification claims more fertile land, climate changes are having devastating effects, natural disasters are more frequent and developing countries are even more vulnerable. (Principle 13). This volume examines these important issues and adapts a practical approach. It outlines the programme of sustainable development in concrete fields of economic and environmental cooperation. The concept for this volume originated from the Conference on Exploitation and Management of Natural Resources in the Twenty-First Century: The Challenge of Sustainable Development. The Conference was organised by the British Institute of International and Comparative Law and the Department of Law at Queen Mary, University of London.

Excessive Maritime Claims

Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
ISBN: 900421772X
Size: 30.46 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.