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Whaling In The Antarctic

Author: Malgosia Fitzmaurice
Publisher: BRILL
ISBN: 9004313826
Size: 19.24 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: 43.22 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: 58.63 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.

Training Manual On International Environmental Law

Author: Lal Kurukulasuriya
Publisher: UNEP/Earthprint
ISBN: 9789280725544
Size: 27.24 MB
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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.

Exploitation Of Natural Resources In The 21st Century

Author: M. Fitzmaurice
Publisher: Kluwer Law International
ISBN: 9041120637
Size: 30.32 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.

Marine Protected Areas In International Law

Author: Ingvild Ulrikke Jakobsen
Publisher: BRILL
ISBN: 9004324089
Size: 80.99 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: 32.79 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.

Extraterritorial Application Of Human Rights Treaties

Author: Marko Milanovic
Publisher: OUP Oxford
ISBN: 0191504807
Size: 64.60 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.

Contemporary Issues In The Law Of Treaties

Author: M. Fitzmaurice
Publisher: Eleven International Publishing
ISBN: 9077596062
Size: 67.14 MB
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This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.