Law of the Sea - Brill | Over three centuries of scholarly publishing
24
SPRING 2009 Law of the Sea
Transcript of Law of the Sea - Brill | Over three centuries of scholarly publishing
sp
ri
ng
20
09 Law of the Sea
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
2
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
Cases and Materials on the Law of the Sea
Louis B. Sohn, John E. Noyes
• February 2009• ISBN 978 1 5710 5317 6• Hardback (500 pp.)• List price EUR 145.- / US$ 181.-
Cases and Materials on the Law of the Sea is a thoroughly up-to-date text that will be used both as a classroom course book and as a treatise and reference guide. The text contains engaging teaching materials that systematically introduce law of the sea topics, placing them in the context of important themes about the roles of international law and international legal process.
‘This book is not a book for the casual reader with a passing interest or even as an introductory book for understanding law of the sea. It is, however, the best book of its kind regarding law of the sea… . (…) It is comprehensive in its coverage and wise in its choice of excerpts. The commentary added by the compilers assists greatly in the understanding of the presented materials.’Ted Mc Dorman, International Journal of Maritime History (Volume XVIII, No. 2).
Published under the Transnational Publishers imprint.
The Future of Ocean Regime-BuildingEssays in Tribute to Douglas M. Johnston
Edited by Aldo Chircop, Ted McDorman, Susan Rolston
• February 2009• ISBN 978 90 04 17267 8• Hardback (xiv + 786 pp.)• List price EUR 175.- / US$ 280.-
One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston
United Nations Naval Peace Operations in the Territorial Sea
Rob McLaughlin
• June 2009• ISBN 978 90 04 17479 5• Hardback (210 pp.)• List price EUR 85.- / US$ 126.-• International Humanitarian Law Series, 24
This book examines UN naval peace operations, addressing the construction and assessment of authority with respect to a range of acts essential to the conduct of such operations. The focus is particularly upon operations as they relate to and impact upon the Territorial Sea. Within a conceptual approach emphasising the interaction of power and legitimation in the construction of authority, naval peace operations issues such as Innocent Passage, interdiction operations, and transitional administration are considered. The book concludes by proposing a conceptually and operationally sensitive approach to constructing authority for the conduct of UN naval peace operations in the Territorial Sea.
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
1
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Protecting the Oceans Beyond National JurisdictionStrengthening the International Law Framework
Robin Warner, Australian National Centre for Ocean Resources and Security, University of Wollongong
• February 2009• ISBN 978 90 04 17262 3• Hardback (xxiv, 280 pp.)• List price EUR 100.- / US$ 160.-• Legal Aspects of Sustainable Development, 3
Knowledge of the marine environment beyond national jurisdiction and its unique biodiversity is still developing. Simultaneously, traditional uses of these areas including fishing and shipping, are intensifying and new uses are emerging such as bio-prospecting for marine genetic resources and climate change mitigation activities. This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment. An analysis of key provisions in the 1982 United Nations Law of the Sea Convention and complementary principles of international environmental law reveals significant tensions between the concept of high seas freedoms and the international law obligation to protect and preserve the marine environment beyond national jurisdiction. The book compares the lack of comprehensive environmental regulation for marine resource exploitation and shipping activities beyond national jurisdiction with the best practice standards for environmental protection being developed by the International Seabed Authority for deep seabed mining exploration. Recent initiatives by the international community to study issues relating to conservation of high seas biodiversity are discussed and a range of soft and hard law options to strengthen the international law framework for protection of the marine environment beyond national jurisdiction are considered.
An International Regime for Marine Scientific Research
Montserrat Gorina-Ysern
• January 2004• ISBN 978 1 5710 5213 1• Hardback (650 pp.)• List price EUR 165.- / US$ 195.-
‘An International Regime for Maritime Scientific Research is an essential reference and resource for professionals and students alike. It explores in great detail the evolution of a broad range of important legal and societal issues that impact marine scientific research, ocean law and public policy in a single, readable volume. This book is a valuable addition to any private collection or library concerned with the practice of ocean science.’Frank R. Rack, Director, Ocean Drilling Programs, Director, DOE Programs, Joint Oceanographic Institutions, Inc.
Published under the Transnational Publishers imprint.
The Maritime Political Boundaries of the World2nd edition
Victor Prescott and Clive Schofield
• December 2004• ISBN 978 90 04 14066 0• Hardback (xiv, 666 pp.)• List price EUR 175.- / US$ 246.-
‘To sum up, Prescott and Schofield have succeeded in producing an excellent second edition of “The Maritime Political Boundaries of the World”, which achieves three equally demanding tasks: (i) It maintains the strengths of its 1985 predecessor, notably its reliability and conciseness; (ii) it updates the wealth of information provided; and (iii) at the same time goes beyond the first edition by providing a more detailed analysis of the systematic issues raised in maritime boundary disputes. The second edition therefore is an excellent reference book that can be highly recommended to students and practitioners interested in political geography, maritime boundaries, or the law of the sea more generally.’Christian J. Tams, German Yearbook of International Law, 2005.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
2
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
International Maritime Boundaries(Set Volumes I-V)
Edited by David A. Colson and Robert W. Smith
This is the ultimate guide to international maritime boundaries. Its unique practical features include - systematic examination of all
international maritime boundaries worldwide;
- comprehensive coverage, including the text of every modern boundary agreement;
- descriptions of judicially-established boundaries;
- maps and detailed analyses of those boundaries;
- expert papers examining the status of maritime boundary delimitations in each of the ten regions of the world;
- papers from a global perspective analyzing key issues in maritime boundary theory and practice; and
- a cumulative index for volumes I - V. These features make International Maritime Boundaries an unmatched comprehensive, accessible resource in the field.
• ISBN 978 90 04 14479 8• Hardback • List price EUR 1570.- / US$ 2213.-• International Maritime Boundaries
Praise for the first two volumes: “These two substantial volumes will be standard references for many years to come,[...] These volumes are also far more than a collection of basic reference material. The delimitations are given thorough analysis and commentary by two dozen of the world’s top experts in maritime boundary delimitation to discover what light they might shed on the rules and practices relevant to the resolution of maritime boundary disputes, Jonathan Charney and Lewis Alexander are to be congratulated on a prodigious editorial achievement.” Gerald Blake in Boundary and Security Bulletin, 1:1 (1993)
Volumes I-II: Winner of the ASIL Certificate of Merit 1994.
CO-PUBLICATION WITH: The American Society of International Law.
“This book, which was awarded the American Society of International Law 1993 Certificate of Merit, is an important contribution to the literature on the delimitation of maritime boundaries . . . . It is a substantial contribution to the literature on marine boundary delimitation and should find a place in the libraries of Foreign Offices, universities and other institutions and of all those concerned with this area of international maritime law.”Dr. L.D.M. Nelson, Netherlands International Law Review, XLII (1995)
“On mesure ainsi pleinement la diversité des techniques juridiques utilisées en la matière par les Etats. L’ouvrage de Jonathan Charney et de Lewis Alexander permet de mieux les appréhender et tous les spécialistes du droit de la mer formuleront le voeu que les deux auteurs poursuivent à l’avenir leur entreprise.” Daniel Bardonnet, Annuaire français de droit international
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
3
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
“This study is a wonderful example of what a coordinated research effort by scholars of the highest level of expertise can achieve. It shows, in all its depth, the full complexity of practices often relied upon but barely analyzed beyond the study of the relevant maps. It also shows that, without a full study of archives and unpublished documents, it is difficult to acquire full knowledge of maritime boundary agreements. . . . International Maritime Boundaries certainly widens our understanding of the subject; it will long remain an irreplaceable source of information and a repository of ideas for practitioners as well as academic researchers.”Tullio Treves, American Journal of International Law, 88 (1994)
‘In conclusion, as was also noted in the review of Volume IV of International Maritime Boundaries in this same journal, the series remains a basic research tool for lawyers, geographers, political scientists and others interested in the comparative research of maritime boundaries. Volume V, is another welcome addition to the series.”Alex G. Oude Elfererink, Netherlands International Law Review, 2006
“This is the fifth volume of International Maritime Boundaries, the product of the continuing Maritime Boundary Project of the American Society of International Law. The five volumes are the definitive analytic work on maritime boundary agreements. The regional maps are of particular value in getting a picture of the situation in each region.” Ted L. McDorman, Ocean Development & International Law, 2005
“It is, of course, impossible to analyze new treaties without putting them in historical and geographical context – and so these authors do just that, and in a manner that makes this work an excellent port of call before steaming off to grapple with the complexities of a new problem.”Jan Paulsson,The American Journal of International Law, Volume 100
Volume V
Edited by David A. Colson and Robert W. Smith
• March 2005• ISBN 978 90 04 14461 3• Hardback (xxxii, 920 pp.)• List price EUR 439.- / US$ 619.-• Members price EUR 308.- / US$ 441.-• International Maritime Boundaries, 5
Volume IV
Edited by Jonathan I. Charney and Robert W. Smith
• January 2002• ISBN 978 90 411 1954 4• Hardback (xxii, 580 pp.)• List price EUR 263.- / US$ 370.-• Members price EUR 171.- / US$ 245.-• International Maritime Boundaries, 4
Volume III
Edited by Jonathan I. Charney and Lewis M. Alexander
• January 1998• ISBN 978 90 411 0345 1• Hardback (500 pp.)• List price EUR 219.- / US$ 308.-• Members price EUR 150.- / US$ 215.-• International Maritime Boundaries, 3
Volumes I and II
Edited by Jonathan I. Charney and Lewis M. Alexander
• January 1993• ISBN 978 0 79231 187 4• Hardback (vol.1: xlvi, 1182 pp.; vol.2: 968 pp., 2 vols.)• List price EUR 835.- / US$ 1177.-• Members price EUR 574.- / US$ 746.-• International Maritime Boundaries, 1
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
4
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
United Nations Convention on the Law of the Sea 1982A Commentary (Set Volume I - VI)
Edited by Myron Nordquist, Satya Nandan, Shabtai Rosenne
• ISBN 978 90 04 14988 5• Hardback • List price EUR 1759.- / US$ 2479.-
These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.
CO-PUBLICATION WITH: The Center for Oceans Law and Policy
“In conclusion, this reviewer can only record her admiration for the high standard that the volumes of the commentary are so consistently achieving,...”Marine Policy,1992.
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
5
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Volume VIArticles 133 to 191; Annexes III and IV; Final Act, Annex I, Resolution II; Agreement relating to the Implementation of Part XI; Documentary Annexes
Edited by Myron H. Nordquist, Satya Nandan, Shabtai Rosenne and Michael W. Lodge
• July 2003• ISBN 978 90 411 1981 0• Hardback (1068 pp.)• List price EUR 373.- / US$ 526.-• United Nations Convention on the Law of the Sea 1982, 6
Volume VArticles 279 to 320; Annexes V, VI, VII, VIII and IX; Final Act, Annex I, Resolutions I, III and IV
Edited by Myron H. Nordquist, Shabtai Rosenne and Louis B. Sohn
• April 1989• ISBN 978 90 247 3719 2• Hardback (xxxvi, 500 pp.)• List price EUR 373.- / US$ 526.-• United Nations Convention on the Law of the Sea 1982, 5
Volume IVArticles 192 to 278 - Final Act, Annex VI
Edited by Myron H. Nordquist, Alexander Yankov, Neal R. Grandy and Shabtai Rosenne
• December 1990• ISBN 978 0 79230 764 8• Hardback (812 pp.)• List price EUR 373.- / US$ 526.-• United Nations Convention on the Law of the Sea 1982, 4
Volume IIIArticles 86 to 132 and Documentary Annexes
Edited by Myron H. Nordquist, Neal R. Grandy, Satya N. Nandan and Shabtai Rosenne
• December 1995• ISBN 978 90 411 0035 1• Hardback (736 pp.)• List price EUR 373.- / US$ 526.-• United Nations Convention on the Law of the Sea 1982, 3
Visit www.brill.nl for table of contents
Volume IIArticles 1 to 85 - Annexes I and II - Final Act, Annex II
Edited by Myron H. Nordquist, Neal R. Grandy, Satya N. Nandan and Shabtai Rosenne
• January 1993• ISBN 978 0 79232 471 3• Hardback (xlviii, 1040 pp.)• List price EUR 373.- / US$ 526.-• United Nations Convention on the Law of the Sea 1982, 2
Volume I
A Commentary
Edited by Myron H. Nordquist
• November 1985• ISBN 978 90 247 3145 9• Hardback (512 pp.)• List price EUR 373.- / US$ 526.-• United Nations Convention on the Law of the Sea 1982, 1
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
6
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
The Rules of the International Tribunal for the Law of the Sea: A Commentary
Edited by P. Chandrasekhara Rao and Ph. Gautier
• September 2006• ISBN 978 90 04 15240 3• Hardback (xii, 524 pp.)• List price EUR 160.- / US$ 225.-
The International Tribunal for the Law of the Sea, a judicial institution created by the 1982 United Nations Convention on the Law of the Sea, began its activities on 1 October 1996. Together with the Statute of the Tribunal (Annex VI to the Convention), the Rules of the Tribunal, adopted on 28 October 1997, govern the functioning of the Tribunal and the proceedings before it. The objective of this Commentary is to give to legal practitioners and academics a detailed analysis of the provisions contained in the Rules. In doing so, the contributors, who are Judges of the Tribunal or members of its Registry, paid particular attention to the practice and the jurisprudence of the Tribunal as well as to the corresponding provisions in the Rules of the International Court of Justice.
‘Given the contemporary scholarship phenomenon of commentaries on various international court rules […], this work comes highly recommended for any serious research or practice collection which even tangentially addresses Law of the Sea issues. The editors have done a remarkable job of mining the rich vein of materials which have finally surfaced in this lasting contribution to Law of the Sea literature.’UN21 Interest Group Newsletter, Issue #37
Navigational ServitudesSources, Applications, Paradigms
Ralph J. Gillis
• August 2007• ISBN 978 90 04 16155 9• Hardback (xvi, 412 pp.)• List price EUR 138.- / US$ 194.-
This work presents a new perspective on the role of States as reciprocal trustees for the Oceans Public Trust. The concept of the oceans and navigable waters as held in public trust is examined from its origins in the 17th century North Sea fisheries controversy with particular regard to the arguments by Selden and Grotius pertaining to State jurisdiction over oceans and marginal sea areas. Those arguments manifest an underlying common principle of navigational freedom reflected in the parallel public trust development of public rights to fishing and navigation as protected and preserved within the Royal Prerogative jus publicum. The significance for the modern context is that the 1958 Geneva Conventions on the Law of the Sea, the 1982 United Nations Convention on the Law of the Sea and a myriad of other conventions now evidence an unstated but patent public trust in the communal responsibility of States within both the conventional and customary regime of the high seas, as well as in regimes for territorial seas and marginal sea areas as shared with extended coastal State jurisdictions. This book is intended to serve as a reference work for this somewhat arcane source of the Oceans Public Trust, and should prove a useful research source for those who study law of the sea.
The Río de la Plata and its Maritime Front Legal Regime
Lilian del Castillo-Laborde, School of Law of the University of Buenos Aires, Argentina
• February 2008• ISBN 978 90 04 16344 7• Hardback (xvi, 428 pp.)• List price EUR 189.- / US$ 267.-
This work makes both a historical and legal analysis of the process leading up to the 1973 adoption by Argentina and Uruguay of the Treaty concerning the Río de la Plata and its Maritime Front, a wide watercourse that between the 16th and 19th century was object of rivalry between Spain and Portugal, Great Britain and France, continuing later between the South American countries, Argentina, Brazil and Uruguay. The book makes a legal interpretation of the innovative solutions adopted by the Treaty for the River, the Common Fishing Zone in the adjacent sea, the Bi-national Commissions and other matters including its subsequent application, thus providing a systematic and updated insight into navigation, fisheries and pollution prevention among other uses.
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
7
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Law of the Sea, Environmental Law and Settlement of DisputesLiber Amicorum Judge Thomas A. Mensah
Edited by Tafsir Malick Ndiaye and Rüdiger Wolfrum
• September 2007• ISBN 978 90 04 16156 6• Hardback (xlviii, 1188 pp.)• List price EUR 381.- / US$ 536.-
This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars’ and practitioners’ perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design.The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
Property, Piracy and PunishmentHugo Grotius on war and booty in De iure praedae - Concepts and contexts
Edited by Hans W. Blom, Erasmus University Rotterdam, The Netherlands
• March 2009• ISBN 978 90 04 17513 6• Hardback (416 pp.)• List price EUR 99.- / US$ 147.-
In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdsiciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005.
Stability and Change in the Law of the SeaThe Role of the LOS Convention
Edited by Alex G. Oude Elferink
• October 2005• ISBN 978 90 04 14613 6• Hardback (xviii, 250 pp.)• List price EUR 120.- / US$ 169.-• Nova et Vetera Iuris Gentium, 24
This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
8
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
Publications by the International Tribunal for the Law of the Sea
International Tribunal for the Law of the Sea / Tribunal international du droit de la mer
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons).The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.This volume contains the Judgments and Orders delivered by the Tribunal in the year 2005 in English and French.
Le Tribunal international du droit de la mer est un organe judiciaire indépendant créé par la Convention des Nations Unies sur le droit de la mer pour connaître des différends relatifs à l’interprétation et l’application de la Convention. Le Tribunal est ouvert aux Etats Parties à la Convention et, dans certains cas, à des entités autres que les Etats Parties (telles que des organisations internationales et des personnes physiques et morales). La compétence du Tribunal s’étend à tous les différends qui lui sont soumis conformément à la Convention. Elle s’étend également à toutes les matières prévues de manière spécifique dans tout autre accord qui confère compétence au Tribunal. Le présent volume contient le texte en français et en anglais des arrêts et ordonnances rendus par le Tribunal au cours de l’année 2005.
Pleadings, Minutes of Public Sittings and Documents/ Mémoires, procès-verbaux des audiences publiques et documentsVolume 10 (2002)
International Tribunal for the Law of the Sea
• March 2009• ISBN 978 90 04 17447 4• Hardback (xxvi, 662 pp.)• List price EUR 250.- / US$ 370.-• Pleadings, Minutes of Public Sittings and Documents/ Mémoires, procès- verbaux des audiences publiques et documents, 10
Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnancesVolume 9 (2005)
International Tribunal for the Law of the Sea
• May 2008• ISBN 978 90 04 16894 7• Hardback (viii, 240 pp.)• List price EUR 132.- / US$ 185.-• Reports of Judgments, Advisory Opinions and Orders / Recueil des arrêts, avis consultatifs et ordonnances, 9
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
9
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer Volume 11 (2007)
International Tribunal for the Law of the Sea / Tribunal international du droit de la mer
• November 2008• ISBN 978 90 04 17066 7• Paperback (xviii, 316 pp.)• List price EUR 150.- / US$ 240.-• Yearbook International Tribunal for the Law of the Sea, 11
• November 2008• ISBN 978 90 04 16634 9• Paperback (xx, 336 pp.)• List price EUR 150.- / US$ 240.-• Annuaire Tribunal international du droit de la mer, 11
Table of ContentsINTRODUCTION. I. ORGANIZATION AND FUNCTIONING OF THE TRIBUNAL / ORGANISATION ET FOCTIONNEMENT DU TRIBUNALI. Members of the Tribunal / Membres du Tribunal;II. Judges / Juges ad hoc;III. The Presidency / Présidence;IV. Chambers of the Tribunal / Chambres du Tribunal;V. Commitees of the Tribunal / Comités du Tribunal;VI. Experts under Article 289 of the Convention / Experts désignés conformément à l’article 289 de la Convention;VII. The Registry / Le Greffe;VIII. Seat / Siège;IX. Relations with the Public / Relations avec le public;X. Publications of the Tribunal / Publications du Tribunal;II. COMPETENCE / COMPéTENCEI. Access to the Tribunal / Accès au Tribunal;II. Jurisdiction of the Tribunal / Compétence du Tribunal;III. PROCEDURE / PROCéDUREI. General Provisions / Dispositions générales;II. Contentious Cases / Procédure contentieuse;III. Advisory Proceedings / Procédure consultative;IV. JUDICIAL WORK OF THE TRIBUNAL / ACTIVITé JUDICIAIRE DU TRIBUNALI. Cases before the Tribunal / Affaires soumises au Tribunal;II. Application of the Statute and Rules / Application du Statut et du Règlement;V. SESSIONS AND ACTIVITIES OF THE TRIBUNAL / SESSIONS ET ACTIVITéS DU TRIBUNAL I. Sessions of the Tribunal devoted to Legal and Administrative Matters / Sessions du Tribunal consacrées aux questions juridiques et administratives;II. Relations with the United Nations and Other Organizations / Relations avec l’Organisation des Nations Unies et autres organisations;
VI. FINANCES OF THE TRIBUNAL / FINANCES DU TRIBUNALI. Financial Agreements / Dispositions financières;II. Budget for 2007 / Budget 2007;III. Cash surplus / Excédent;IV.Surrender of savings / Reversement des économies réalisées;V. Audit of Accounts / Vérification des comptes;VI.Trust Funds and Donations / Fonds d’affectation spéciale et dons;VII. PRIVILEGES AND IMMUNITIES / PRIVILèGES ET IMMUNITéSI. United Nations Convention on the Law of the Sea / Convention des Nations Unies sur le droit de la mer;II. Agreement on the Priviledges and Immunities / Accord sur les privilèges et immunités;III.Headquaters Agreement / Accord de siège;VIII. BIOGRAPHIES OF THE JUDGES, THE REGISTRAR AND THE DEPUTY REGISTRAR / BIOGRAPHIES DES JUGES, DU GREFFIER ET DU GREFFIER ADJOINTI. Members of the Tribunalas at 31 December 2007 / Membres du Tribunal au 31 décembre 2007;II. Former Judge / Ancien membre du Tribunal;III. Judge Ad Hoc / Juge ad hoc;IV. The Registrar and the Deputy Registrar / Le Greffier et le Greffier adjoint;IX. SELECT BIBLIOGRAPHY ON SETTLEMENT OF DISPUTES CONCERNING THE LAW OF THE SEA / BIBLIOGRAPHIE COMPRENANT UNE SéLECTION D’ARTICLES ET D’OUVRAGES SUR LE RèGLEMENT DES DIFFERENDS RELATIFS AU DROIT DE LA MERI. General / Articles et ouvrages généraux;II. Cases before the Tribunal / Affaires soumises au Tribunal;ANNEXES.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
10
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
Center for Oceans Law and Policy
Legal and Scientific Aspects of Continental Shelf Limits
Edited by Myron H. Nordquist, John Norton Moore and Tomas H. Heidar
• April 2004• ISBN 978 90 04 13912 1• Hardback (xvi, 472 pp.)• List price EUR 209.- / US$ 295.-• Center for Oceans Law and Policy, 8
The legal and scientific aspects of continental shelf limits are of growing importance to those concerned with the international law of the sea. It is rare that the current thinking of both leading lawyers and scientists are brought together in one volume. Among the topics raised in this volume are: geomorphology and geology; ridge issues; Commission on the Limits of the Continental Shelf; shelf resources and current issues, such as the outer limit of the continental shelf in the Arctic Ocean, evaluating U.S. data holdings relevant to the definition of continental shelf limits, delimiting China’s continental shelves and future directions of the International Seabed Authority. Lastly, the Under Secretary General for Legal Affairs, United Nations, H.E. Hans Corell, provides a strategic overview on the challenges in implementing international ocean governance. Another unique feature of the volume is that a CD is placed in the back cover containing visual materials not included in the printed text.
International Energy Policy, the Arctic and the Law of the Sea
Edited by Myron H. Nordquist, John Norton Moore and Alexander S. Skaridov
• March 2005• ISBN 978 90 04 14403 3• Hardback (xiv, 360 pp.)• List price EUR 120.- / US$ 169.-• Center for Oceans Law and Policy, 9
The economic health of the global economy is directly tied to international energy policies, and none are more important than those of Russia, which is now the world’s largest petroleum export nation. At the same time, oil and gas are finite resources and new sources of supply must be found. It is certain that the Arctic will be one of the areas of greatest interest. Wherever the energy resource originates, the law of the sea regime will be critical in the movement from source to market. Thus, this book on International Energy Policy, the Arctic and the Law of the Sea is especially timely. The content is based on presentations made in St. Petersburg, Russia in June, 2004. The perspectives of Russia, China and the United States are discussed in depth by some of the world’s foremost authorities. The special significance of the Caspian Sea routes for export and the consequences of the opening of a Northwest Passage due to global warming are among the unique issues covered in this volume.
Recent Developments in the Law of the Sea and China
Edited by Myron H. Nordquist, John Norton Moore and Kuen-chen Fu
• September 2005• ISBN 978 90 04 14841 3• Hardback (xiv, 516 pp.)• List price EUR 150.- / US$ 211.-• Center for Oceans Law and Policy, 10
The focus of this book is on current ocean law and policy issues particularly in the region around China. A main emphasis is a comprehensive survey of Chinese positions on potential flashpoints such as delimitation in the East China Sea and South China Sea. Other topical subjects covered by both Chinese and outside experts are integrated coastal zone management, oil and gas development in the region, fishery management and enforcement, global advancements in marine science, commercial navigation challenges and protection of underwater cultural heritage sites. The authors make clear that there is a strong, shared commitment to cooperative solutions over maritime disputes within the framework of the 1982 UN Convention on the Law of the Sea. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
11
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Law, Science & Ocean Management
Edited by Myron H. Nordquist, Ronán Long,Tomas H. Heidar and John Norton Moore
• June 2007• ISBN 978 90 04 16255 6• Hardback + CD-rom (xviii, 850 pp.)• List price EUR 209.- / US$ 295.-• Center for Oceans Law and Policy, 11
This volume examines the role of law and science in ocean management. Topics addressed include the ecosystems approach to fisheries management, ocean exploration, marine science capacity building, marine science and policy, marine science and law, as well as biological diversity, genetic resources and the law of the sea. The book contains a foreword by the President of Ireland and keynote addresses by the European Commissioner for Fisheries and Maritime Affairs; the Assistant Director of UNESCO and Executive Secretary of the International Oceanographic Commission; as well as the Secretary-General of the International Seabed Authority. The remainder of the volume contains comprehensive papers from jurists, scholars, diplomats and scientists from over 20 countries and international organisations. The collection contains a CD which provides visual and other material not contained in the primary text, including the text of the UN Law of the Sea Convention and additional documents, the PowerPoint presentations, and an index to the six-volume series United Nations Convention on the Law of the Sea 1982: A Commentary This book contains the proceedings from the thirtieth annual conference of the Center for Oceans Law and Policy, University of Virginia School of Law, which marked the tenth anniversary of Ireland’s ratification of the 1982 United Nations Convention on the Law of the Sea.
Legal Challenges in Maritime Security
Edited by Myron H. Nordquist, Rüdiger Wolfrum, John Norton Moore and Ronán Long
• June 2008• ISBN 978 90 04 16427 7• Hardback + CD-rom (xviii, 594 pp.)• List price EUR 153.- / US$ 215.-• Center for Oceans Law and Policy, 12
Maritime security is a major challenge for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operation. This volume provides in-depth analysis of current international and regional approaches to maritime security, cargo, port and supply chain security, maritime information sharing and capacity building. The work describes measures in place at multilateral and regional levels to improve information sharing and operational coordination regarding security threats to shipping, offshore installations and port facilities. Several chapters address measures aimed at reducing acts of piracy and armed robbery against shipping at sea. This edited volume contains articles by government officials, senior naval and coast guard commanders as well as by leading jurists and academics.One unique feature of this volume is that many of the contributions are by operational commanders with first–hand experience of the practical law enforcement problems involved in minimizing disruption to legitimate trade and business. This collection will appeal to all concerned with maritime security and the protection of vital international trade by sea. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations from the thirty-first annual Virginia conference held in Heidelberg, Germany, May 24-26, 2007.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
12
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
• December 2008• ISBN 978 90 04 17359 0• Hardback (xxii, 626 pp.)• List price EUR 155.- / US$ 248.-• Center for Oceans Law and Policy, 13
Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary.This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.
Ocean Yearbook
Edited by Aldo Chircop, Scott Coffen-Smout, Moira McConnell
Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook provides information in one convenient resource. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key legal and policy instruments and an annually updated global directory of ocean-related organizations. Ocean Yearbook is a collaborative initiative of the International Ocean Institute and the Marine and Environmental Law Programme at Dalhousie University Law School, Halifax, Nova Scotia, Canada.
“For me, this is the essential and defi nitive book to understand the complex issue of Marine Scientifi c Research from a legal point of view.”Aurora Mateos, Lawyer, IOC/ABE-LOS Technical Secretary
“A must read for anyone delving into the Law of the Sea. It provides a comprehensive foundation for the entire subject and has been veryhelpful to us in assessing the various issues we are forced to face with respect to scientifi c ocean drilling.”Steven R. Bohlen, President, Joint Oceanographic Institutions
Ocean Yearbook 23
• March 2009• ISBN 978 90 04 17474 0• Hardback (xxi, 961 pp.)• List price EUR 170.- / US$ 170.-• Ocean Yearbook, 23
Ocean Yearbook 22
• March 2008• ISBN 978 90 04 16676 9• Hardback (986 pp.)• List price EUR 158.- / US$ 222.-• Ocean Yearbook, 22
Ocean Yearbook 21
• April 2007• ISBN 978 90 04 15755 2• Hardback (1020 pp.)• List price EUR 137.- / US$ 193.-• Ocean Yearbook, 21
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
13
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Publications on Ocean Development
General Editors: Vaughan Lowe and Robin Churchill
This wide-ranging series, which now has more than sixty volumes, started under the editorship of Judge Shigeru Oda. It provides expert insights into the most fundamental and most topical aspects of the law of the sea, covering issues such as the nature and implications of legal institutions and
the jurisprudence concerning the law of the sea, maritime delimitation, and regional and global developments.Practitioners and academics, political actors and international lawyers alike will benefit from these studies.
Maritime Delimitation and Interim Arrangements in North East Asia
Sun Pyo Kim
• January 2004• ISBN 978 90 04 13669 4• Hardback (xx, 386 pp.)• List price EUR 104.- / US$ 147.-• Publications on Ocean Development, 40
This work will be a useful guide for those who look for rules and practice on the relations between neighboring States in the absence of maritime boundaries. The main question the author is trying to tackle is how to handle the relations between neighboring coastal States when there is no maritime boundary in place. This book attempts to clarify the legal issues of exploitation of oil, gas and fisheries resources, and jurisdictional conflicts with regard to marine scientific research and protection of the marine environment in disputed areas.
Russian Fisheries ManagementThe Precautionary Approach in Theory and Practice
Geir Hønneland
• January 2004• ISBN 978 90 04 13618 2• Hardback (xvi, 194 pp.)• List price EUR 84.- / US$ 119.-• Publications on Ocean Development, 43
‘Geir Hønneland has written the most authoriataive account of contemporary Russian fisheries management available in Western literature. Anyone who has wanted to understand developments in fisheries following the break-up of the former Soviet Union will fund this book fascinating...Hønneland ‘s systematic examinations of principle and practice in Russian fisheries are exceptional in terms of a very well-informed analysis and explanation. In a way, they set a standard for studies of other regional fisheries...’David Fluharty, Polar Record, 2005.
Oceans Management in the 21st Century: Institutional Frameworks and Responses
Edited by Alex G. Oude Elferink and Donald R. Rothwell
• July 2004• ISBN 978 90 04 13852 0• Hardback (xxxvi, 396 pp.)• List price EUR 175.- / US$ 246.-• Publications on Ocean Development, 44
Chapters throughout this book assess the roles and impact upon oceans management of the institutions both inside and outside the Convention’s framework, as well as the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. Questions addressed concern the interpretation of the Convention’s substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea’s continuing evolution in the years ahead.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
14
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
The Law of the SeaSelected Writings
Budislav Vukas
• June 2004• ISBN 978 90 04 13863 6• Hardback (viii, 360 pp.)• List price EUR 109.- / US$ 153.-• Publications on Ocean Development, 45
These collected essays reflect the development of the author’s views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea. After an introductory chapter, the author, Judge at the International Tribunal for the Law of the Sea in Hamburg, describes and analyzes topics such as the sources of the law of the sea, the relation of the law of the sea to other fields of international law, maritime delimitation, natural resources and navigation, as well as military uses of the sea, the protection of marine environment, enclosed and semi-enclosed seas and the settlement of disputes.The papers reproduced in this volume (some of which in French) will be of interest to both academics and professionals interested in the law of the sea and its institutions.
Non-Flag State Enforcement in High Seas Fisheries
Rosemary Gail Rayfuse
• February 2004• ISBN 978 90 04 13889 6• Hardback (xviii, 444 pp.)• List price EUR 142.- / US$ 200.-• Publications on Ocean Development, 46
This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. Moving beyond the issue of the implementation of the United Nations Fish Stocks Agreement, it demonstrates an emerging exception, in customary international law, to the rule of primacy of flag state jurisdiction in the high seas fisheries context and delineates the parameters in which this emerging exception allowing for non-flag jurisdiction may be exercised. This book contains extensive factual descriptions of state practice as well as comprehensive legal analyses of that practice.
Bringing New Law to Ocean Waters
Edited by David D. Caron and Harry N. Scheiber
• October 2004• ISBN 978 90 04 14088 2• Hardback (xii, 500 pp.)• List price EUR 175.- / US$ 246.-• Publications on Ocean Development, 47
Altogether, Caron and Scheiber’s Bringing New Law to Ocean Waters contributes significantly to our understanding of the legal regime on maritime spaces and its interrelation with new scientific findings, geographical developments, and changes in perception. The volume should be of interest not merely to scholars, but to lawyers and politicians involved in progressively developing the legal regime on maritime spaces at all levels.Rüdiger Wolfrum in American Journal of International Law, 2006.
China’s Marine Legal System and the Law of the Sea
Zou Keyuan
• May 2005• ISBN 978 90 04 14423 1• Hardback (xiv, 382 pp.)• List price EUR 144.- / US$ 203.-• Publications on Ocean Development, 48
Being one of the largest coastal States in the world, China’s marine legal system is significant in the overall development of the international law of the sea. This book focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996. It consists of five parts concerning, respectively, a general survey of China’s marine legal system, navigation and maritime security, marine resources management, marine environmental protection and marine scientific research.
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
15
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Marine Scientific ResearchThe Operation and Status of Research Vessels and Other Platforms in International Law
Florian H. Th. Wegelein
• May 2005• ISBN 978 90 04 14521 4• Hardback (xii, 400 pp.)• List price EUR 126.- / US$ 178.-• Publications on Ocean Development, 49
The present analysis examines the legal framework for marine scientific research with a focus on research platforms. Oceanographers find themselves faced with a complex set of provisions governing their activities not only in waters of foreign jurisdiction. As the riches of the oceans have become known to decision-makers in coastal States, international action has set the course for an ever tighter regulation of the sea uses. The book addresses a legal and scientific audience, which, at a practical or academic level, deals with the law of the sea at large and the regime of marine scientific research in particular.
China and International Fisheries Law and Policy
Guifang Xue
• December 2005• ISBN 978 90 04 14814 7• Hardback (xxii, 326 pp.)• List price EUR 120.- / US$ 169.-• Publications on Ocean Development, 50
This book deals with China’s response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments.
‘The primary academic contribution of this study is that it is the First effort to describe China’s fishery management practices in the modern global context […] This book is clearly organized, well documented and a worthwile addition to any international law collection.’Myron H. Nordquist in The International Journal of Marine and Coastal Law, Volume 23, Number 4.
Places of Refuge for ShipsEmerging Environmental Concerns of a Maritime Custom
Edited by Aldo Chircop and Olof Linden
• December 2005• ISBN 978 90 04 14952 6• Hardback (xviii, 562 pp.)• List price EUR 162.- / US$ 228.-• Publications on Ocean Development, 51
Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
‘…This collection will be the key reference point for the law andpolicy of refuge. It is a compulsory purchase for any school of law that teaches either the law of the sea or maritime law.’Richard Barnes in The International Journal of Marine and Coastal Law 23 (2008)
Law and Politics in Ocean GovernanceThe UN Fish Stocks Agreement and Regional Fisheries Management Regimes
Tore Henriksen, Geir Hønneland, and Are Sydnes
• December 2005• ISBN 978 90 04 14968 7• Hardback (xviii, 226 pp.)• List price EUR 87.- / US$ 122.-• Publications on Ocean Development, 52
‘The topic of regional fisheries management is a salient one, on the agenda of the UN Food and Agriculture Organization as well as the UN General Assembly. It is also timely in addressing issues to which civil society as well as the academic community pay attention increasingly.With the current interest in international fisheries issues, and written in a clear language, this is a book that should command the interest of a wide audience.’Alf Håkon Hoel, Associate Professor.
“This is the ‘must have and read’ book for academics and practitioners dealing with relationships and interaction between the United Nations Fish Stocks Agreement and regional fisheries management organizations.” Ted L. McDorman, Ocean Development and International Law.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
16
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
Maritime Delimitation
Edited by Rainer Lagoni and Daniel Vignes
• August 2006• ISBN 978 90 04 15033 1• Hardback (viii, 248 pp.)• List price EUR 97.- / US$ 137.-• Publications on Ocean Development, 53
The essays in Maritime Delimitation cover a wide range of subjects pertaining to maritime boundaries and the delimitations process. Some of the essays cover familiar subjects in a fully competent and professional manner […]. Other of the essays-and here we would put those by Wolfrum, Bernárdez, and Treves-raise new and important considerations about compulsory dispute settlement under the Convention. The editors are to be congratulated for their work in putting this volume togetherDavid A Colson and Brian J. Vohrer, The American Journal of International Law, Vol. 101
Unresolved Issues and New Challenges to the Law of the SeaTime Before and Time After
Edited by Anastasia Strati, Maria Gavouneli and Nikolaos Skourtos
• April 2006• ISBN 978 90 04 15191 8• Hardback (xiv, 358 pp.)• List price EUR 133.- / US$ 187.-• Publications on Ocean Development, 54
This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.
The Protection of the Underwater Cultural HeritageNational Perspectives in Light of the UNESCO Convention 2001 - Second Edition
Edited by Sarah Dromgoole
• June 2006• ISBN 978 90 04 15273 1• Hardback (xxxviii, 450 pp.)• List price EUR 155.- / US$ 218.-• Publications on Ocean Development, 55
This volume comprises a collection of sixteen national perspectives on law, policy and practice in respect of the underwater cultural heritage, written in light of the UNESCO Convention 2001. The essays provide an up-to-date account of the current legal position in each jurisdiction, as well as considering the impact that the 2001 Convention is having, and is likely to have in the future. As well as being internationally recognised experts in the field, all the contributors have specialist knowledge and practical experience of their own particular jurisdictions.
‘This volume is likely to become a bible of shared and comparative experience relating to underwater cultural heritage.’John Gribble, The International Journal of Nautical Archaeology, (2007).
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
17
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
International Law and the Genetic Resources of the Deep Sea
David Kenneth Leary
• December 2006• ISBN 978 90 04 15500 8• Hardback (xviii, 302 pp.)• List price EUR 133.- / US$ 187.-• Publications on Ocean Development, 56
Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.
The European Community and Marine Environmental Protection in the International Law of the SeaImplementing Global Obligations at the Regional Level
Veronica Frank
• September 2007• ISBN 978 90 04 15695 1• Hardback (xxii, 482 pp.)• List price EUR 168.- / US$ 237.-• Publications on Ocean Development, 58
This books offers a comprehensive and innovative picture of the Community’s implementation of its international obligations in the field of the marine environment, looking at the participation of the EC and its member states in the United Nations Convention on the Law of the Sea and other relevant agreements.
Modern Law of the SeaSelected Essays
David Anderson. Judge, International Tribunal for the Law of the Sea (1996-2005)
• November 2007• ISBN 978 90 04 15891 7• Hardback (xviii, 630 pp.)• List price EUR 205.- / US$ 289.-• Publications on Ocean Development, 59
These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
18
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
Marine Conservation AgreementsThe Law and Policy of Reservations and Vetoes
Howard S. Schiffman
• March 2008• ISBN 978 90 04 16385 0• Hardback (xvi, 280 pp.)• List price EUR 121.- / US$ 171.-• Publications on Ocean Development, 60
Marine Conservation Agreements: The Law and Policy of Reservations and Vetoes offers a rare glimpse into the decision-making of regional fisheries management organizations and other international organizations that in some way manage living marine resources. By focusing on reservations and vetoes Professor Schiffman explores an element of ocean law and policy that is often discussed as a factor contributing to the decline of fish stocks, whales, dolphins, sea birds and other marine creatures. Even as this issue is regularly discussed it has not been empirically studied in such depth and breadth until now. This book is the latest in the series of Publications on Ocean Development and will be a valuable resource for policy-makers, scholars, environmental activists and anyone else concerned about the conservation and management of our oceans.’Stuart Beck, Ambassador and Permanent Representative Mission of Palau to the United Nations
Historic Waters in the Law of the SeaA Modern Re-Appraisal
Clive R. Symmons, Trinity College, Dublin and National University of Ireland, Galway
• October 2007• ISBN 978 90 04 16350 8• Hardback (xiv, 322 pp.)• List price EUR 137.- / US$ 193.-• Publications on Ocean Development, 61
This work reassesses the doctrine, and present-day status, of historic waters in the law of the sea, particularly in the light of the most recent decisions of the International Court of Justice which have referred to the topic and in the United States, such as Alaska v. US(2005) in which the author acted as expert witness for the US federal Government. The latter case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law, including matters such as burden of proof.
Functional Jurisdiction in the Law of the Sea
Maria Gavouneli, University of Athens, Greece
• October 2007• ISBN 978 90 04 16345 4• Hardback (xviii, 286 pp.)• List price EUR 126.- / US$ 178.-• Publications on Ocean Development, 62
The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance.
The International Law on Ballast WaterPreventing Biopollution
Maria Helena Fonseca de Souza Rolim, with contributions by Erkki Leppäkoski and Gaetano Librando
• June 2008• ISBN 978 90 04 16652 3• Hardback (xxii, 402 pp.)• List price EUR 126.- / US$ 178.-• Publications on Ocean Development, 63
‘The introduction of invasive marine species into new environments, whether by ships’ ballast water, attached to ships’ hulls or via other means has been identified as one of the four main threats to the world’s oceans, along with land-based sources of marine pollution, over-exploitation of living marine resources and the physical alteration or destruction of marine habitat. Increased trade and the consequent greater volumes of maritime traffic over the last few decades have served to fuel the problem. The effects in many areas of the world have been serious and significant. Quantitative data show that the rate of bio-invasions is continuing to increase, in some cases exponentially, and new areas are being found to be invaded all the time. As volumes of seaborne trade continue overall to increase, the problem may not yet have reached its peak.’From the Foreword by Efthimios E. Mitropoulos.
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
19
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
The EU Maritime Safety Policy and International Law
Henrik Ringbom, European Maritime Safety Agency, Lisbon, Portugal
• September 2008• ISBN 978 90 04 16896 1• Hardback (xviii, 602 pp.)• List price EUR 184.- / US$ 259.-• Publications on Ocean Development, 64
This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.
Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
Edited by Seoung-Yong Hong and Jon M. Van Dyke
• February 2009• ISBN 978 90 04 17343 9• Hardback (xvi, 308 pp.)• List price EUR 115.- / US$ 184.-• Publications on Ocean Development, 65
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
ENV
IRO
NM
ENTA
L LA
W A
ND
LA
W O
F T
HE
SEA
PU
BLI
CA
TIO
NS
20
MA
RTIN
US
NIJ
HO
FF P
UB
LISH
ERS/
BR
ILL
SPR
ING
200
9
Journal
The International Journal of Marine and Coastal Law
Editors-in-Chief: Professor David Freestone and Professor Gerard J. Mangone
• 2009: Volume 24 (in 4 issues)• ISSN 0927-3522 / E-ISSN 1571-8085• Institutional subscription rates Print + e: EUR 642.- / US$ 944.- E-only: EUR 578.- / US$ 850.-• Individual subscription rates Print only: EUR 199.- / US$ 293.-
Building on the success of the International Journal of Estuarine and Coastal Law and Marine Policy Reports, The International Journal of Marine and Coastal Law addresses all aspects of of marine and coastal law. Its breadth of coverage extends to all of the legal issues arising from:• Ocean and Coastal Management;• Marine and Coastal Conservation;• Maritime Boundary Delimitation;• High Seas;• EEZ and Coastal Fisheries Management;• Control of Marine and Coastal Pollution;• Offshore Energy and Resource Exploitation;• Sea Bed Mining;• International Aspects of Shipping;• Estuarine and Coastal Zone Resource Management;• Naval and Military Uses of Oceans; and,• Annual Survey of ITLOS.
An International Editorial Board supplies a distinctive feature: a vigorous current developments section which provides notes and commentary on international treaties and case law, national statute law, national court decisions, and other aspects of state practice; includes the relevant original documentation where appropriate; and monitors developments in relevant international organizations at a global and regional level.The format also includes in-depth articles, each preceded by an abstract; a book review section; and a current bibliography. An index and tables of cases, statutes, agreements, conventions, and treaties also enhance the accessibility of information.
For back volumes older than 2 years, please contact:
William S. Hein & Co., Inc.1285 Main Street, Buffalo, NY 14209 [email protected] Periodicals Service Company11 Main Street, Germantown, NY 12526, USA [email protected]/brill.html
For more information see brill.nl/estu
ENV
IRO
NM
ENTA
L LAW
AN
D LA
W O
F TH
E SEA PU
BLIC
AT
ION
S
21
MA
RTIN
US N
IJHO
FF PUB
LISHER
S/BR
ILL SPRIN
G 2009
Contact
If you would like to get in touch with the Brill publishing team please feel free to contact us.
Hans van der Meij, publishing manager [email protected]
Peter Buschman, [email protected]
For questions about our marketingplease contact Dagmar Vermeer, marketing manager at [email protected]
BRILLP.O. Box 90002300 PA LeidenThe Netherlands
VAT number NL 001539243 B01 * Commercial Register Leiden 28000012
Sales Contacts
Asia, Africa, Europe, the Middle East, Australia & New ZealandVeronica van Nieuwenhuyzen, [email protected]
Europe: Trade SalesEva Wantzen, [email protected]
Europe: Library Sales Linda Empringham, [email protected]
The Americas: Eleanor Kerrissey, [email protected]
North America: Library SalesEllen Endres, [email protected] Alison Macdonald, [email protected]
Where to Order
Book OrdersCustomers Outside the AmericasBRILLc/o Turpin DistributionStratton Business ParkPegasus DriveBiggleswadeBedfordshire SG18 8TQUnited KingdomT +44 (0) 1767 604-954F +44 (0) 1767 [email protected]
All prices may be subject to change without prior notice. Prices do not include VAT (applicable only to residents of the Netherlands and residents of other EU member states without a VAT registration number). Prices do not include shipping & handling except for journals where shipping and handling is included in the price (applicable to all customers worldwide). Customers in Canada, USA and Mexico will be charged in US Dollars. Please note that due to fluctuations in the exchange rate, the US dollar amounts charged to cre-dit card holders may vary slightly from the prices advertised. For non-exempt customers in the USA sales tax will be charged for purchases originating from MA, MO, NY, and VA.
Customers in the AmericasBRILLc/o Books InternationalP.O. Box 605Herndon, VA 2017 2-0605USAT (800) 337 -9255(toll free, US & Canada only)T +1 (703) 661 -15 85F +1 (703) 661 -15 [email protected]
All customers can order via our website brill.nl. To make sure the ordering process is safe Brill uses the latest encryption technology and other methods to protect your credit card information.
Journal and Loose-Leaf OrdersAll Customers WorldwideBRILLc/o Turpin DistributionStratton Business ParkPegasus DriveBiggleswadeBedfordshire SG18 8TQUnited KingdomT +44 (0) 1767 604-954F +44 (0) 1767 [email protected]
Online Products Customers Outside the AmericasBRILLP.O. Box 9000 2300 PA Leiden The Netherlands T +31 (0)71-53 53 500 F +31 (0)71-53 17 532 [email protected]
Customers in the AmericasBRILL153 Milk Street, Sixth FloorBoston, MA 02109USAT 1-617-263-2323F [email protected]
Primary Source CollectionsCustomers Outside the AmericasBRILLP.O. Box 9000 2300 PA Leiden The Netherlands T +31 (0)71-53 53 500 F +31 (0)71-53 17 532 [email protected]
Customers in the AmericasBRILL153 Milk Street, Sixth FloorBoston, MA 02109USAT 1-617-263-2323F [email protected]
For our General Ordering Information and Conditions of Sale please see brill.nl or contact our sales department directly [email protected] (customers outside the Americas)[email protected] (customers in the Americas)
Order Information and Contact Page
BRILL
P.O. Box 9000
2300 PA Leiden
The Netherlands
T +31 (0)71-53 53 500
F +31 (0)71-53 17 532
BRILL
153 Milk Street, Sixth Floor
Boston, MA 02109
USA
T 1-617-263-2323
F 1-617-263-2324
brill.nl
