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1
Harrison, James. "Evolution of the law of the sea : developments in law-making in the wake of the 1982 Law of the Sea Convention." Thesis, University of Edinburgh, 2008. http://hdl.handle.net/1842/3230.
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It is no exaggeration to say that the Third United Nations Conference on the Law of the Sea was one of the most important law-making events of the twentieth century. It heralded the beginning of a revolution in international law by introducing a new law-making technique based on consensus decision-making and universal participation. It also produced a comprehensive treaty on the law of the sea. The resulting Law of the Sea Convention is commonly claimed to provide a universal legal framework for all ocean activities. Upon this background, it is pertinent to ask, what is the future for the LOS Convention and the law of the sea in the twenty-first century? How does the Convention evolve to take into account changing values, policies and preferences of the international community? How have developments in law-making techniques influenced the way in which the law of the sea is created and changed? This thesis initially establishes the legal basis for the LOS Convention as a universal framework for the law of sea. It shows how the negotiation of the Convention substantially influenced customary international law so that it is possible to speak of a universal law of the sea. Yet, the status of the Convention as universal law poses problems for its future development because it cannot be considered solely from the perspective of the law of treaties. The thesis will therefore consider the mechanisms for change contained within the Convention alongside other law-making processes out-with the formal treaty framework. Central to this analysis is the role of institutions in modern international law-making. The thesis looks at the part played by political and technical institutions in developing the law of the sea through interpretation, modification, and amendment, as well as at the ways in which these institutions have utilised and developed the consensus decision-making techniques first seen at UNCLOS III. It will also analyse the role of courts and tribunals in maintaining and developing the legal order of the oceans. This analysis shows that the Convention provides the legal framework for the modern law of the sea for all states. In this context, institutional processes have largely replaced unilateral state practice in law-making. Moreover, states have shown a preference for flexibility and pragmatism over formal amendment procedures. The greatest achievement of the LOS Convention is the creation of a stable legal order for the oceans. To ensure this stability is maintained, continued discussion, deliberation and compromise through international institutions is vital.
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Kardon, Isaac Benjamin. "Rising power, creeping jurisdiction| china's law of the sea." Thesis, Cornell University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10253226.
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This study explores the relationship between the People?s Republic of China (PRC) and the international legal system, with empirical focus on the exclusive economic zone (EEZ) regime as codified in the 1982 Third United Nations Convention on the Law of the Sea. The main pattern explained is China?s practice of international law in its maritime disputes, moving beyond a question of ?compliance? with the relevant rules to instead address how China shapes the underlying legal norms, and vice versa. The analysis demonstrates that the EEZ regime transforms Chinese interests in maritime space, enabling systematic use of legal means of excluding others from disputed space along China?s maritime periphery. Backed up by growing capacity (i.e., ?rising power?) to enforce its claims, China?s purposive interpretation and flexible application of the norms of the EEZ regime manifest as ?creeping? claims to jurisdiction and rights beyond those contemplated in UNCLOS III. These nominally jurisdictional claims enable the PRC?s push toward closure, a broader strategic aim to control vital maritime space that includes political, military and economic components. Using a framework adapted from the transnational legal process theory of international law, the study proceeds to analyze Chinese practice in terms of four linked processes: interaction, interpretation, internalization, and implementation. Tracing these processes from China?s early encounters with Western international law, through its participation in the conference to draft the law of the sea convention, and the subsequent efforts to incorporate EEZ rules into PRC law and policy, the empirical analysis reveals that China?s engagement in transnational legal processes does not result in its obedience to liberal rules and norms. Rather, China?s practice in the EEZ transforms the scope and content of those underlying norms, contributing to wider dysfunction in the law of the sea.
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Marr, Simon. "The precautionary principle in the law of the sea : modern decision making in international law /." The Hague [u.a.] : Nijhoff, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/364258268.pdf.
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Vidmar, Jure. "Democracy and state creation in international law." Thesis, University of Nottingham, 2009. http://eprints.nottingham.ac.uk/11290/.
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At the end of the Cold War some scholars argued that democracy is the only legitimate political system and that this needs to be acknowledged even by international law. This thesis rejects such arguments and takes the position that attributes of statehood are not dependent on type of government. As far as existing states are concerned, democracy is not an ongoing requirement for statehood. The end of the Cold War also coincided with the dissolutions of two multiethnic federations, the Soviet Union and Yugoslavia. The dissolution of Czechoslovakia followed shortly afterwards and subsequently Eritrea, East Timor and Montenegro also became independent states. Most recently, independence was declared by Kosovo. Some of these post-Cold War state creations were subject to significant international involvement, which might have had effects of (informal) collective state creations. This thesis argues that in such circumstances international efforts to create a new state were associated with attempts to implement a democratic political system. On the other hand, where the emergence of a new state was merely a fact (and the international community was not involved in producing this fact), recognition was normally universally granted without an enquiry into the (non-) democratic methods of governments of the newly-emerged states. Apart from democracy as a political system, this thesis is also concerned with the operation of democratic principles in the process of state creation, most notably through the exercise of the right of self-determination. An argument is made that the will of the people within the right of self-determination has a narrower scope than is the case within democratic political theory. Further, while the operation of the right of self-determination requires consent of the people before the legal status of a territory may be altered, a democratic expression of the will of a people will not necessarily create a state. Limits on the will of the people in the context of the right of selfdetermination stem from the principle of territorial integrity of states, protection of rights of other peoples and minorities, and even from the previously existing internal boundary arrangement. In the context of the latter it is concluded that the uti possidetis principle probably does not apply outside of the process of decolonisation. However, this does not mean that existing internal boundaries are not capable of limiting the democratically-expressed will of the people, especially where boundaries of strong historical pedigree are in question.
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Leary, David Kenneth. "International law and the genetic resources of the deep sea /." Leiden [u.a.] : Nijhoff, 2006. http://www.loc.gov/catdir/toc/fy0710/2007270488.html.
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Tan, Alvin Poh Heng. "Advancing international criminal justice in Southeast Asia through the regionalisation of international criminal law." Thesis, University of Nottingham, 2014. http://eprints.nottingham.ac.uk/27831/.
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Only two Association of Southeast Asian Nations (ASEAN) countries have ratified the International Criminal Court (ICC) Statute, and this number is unlikely to change dramatically in the near future. This research thus considers how international criminal justice (ICrimJ) can be advanced through the regionalisation of international criminal law (ICL), whilst also serving the interests of ASEAN Member States. The theoretical appeal, practical viability, and political acceptability of regional ICrimJ mechanisms are accordingly examined. Given that the establishment of the ICC has challenged the absolute sovereignty of States over the prosecution of international crimes, regional initiatives have added political allure as they not only better reflect local legal norms and political considerations, but also place the selection of ‘regional crimes’ and enforcement measures primarily in the hands of regional countries. In recognition of the 'ASEAN way' of making decisions, regional initiatives to further ICrimJ in Southeast Asia should be implemented gradually and driven internally through consultation and consensus. Moreover, to achieve the overarching ASEAN goal of maintaining regional peace and security, the modalities and practical effects of ICrimJ may require greater emphasis on deterrence and reconciliation, instead of punishment. The prospect and efficacy of a regional ICrimJ mechanism however also depends, inter alia, on the availability of institutional infrastructure and resources, and will understandably differ between regions. Nevertheless, some general conclusions about the value and attractiveness of a regional approach to ICrimJ can be drawn. Despite variations on what may constitute justice in different geographic areas, these generalisations are useful because they reveal the incentives and favourable conditions for efforts at the regional level. The research therefore proffers a basic framework to assess the costs and benefits of regional solutions against domestic or international methods of enforcing ICL, and determine which may best serve ICrimJ in each unique situation and circumstance.
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Warner, Robin Margaret Fraser. "Protecting the Diversity of the Depths: Strengthening the International Law Framework." University of Sydney, 2006. http://hdl.handle.net/2123/1304.
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Doctor of Philosophy(PhD)It is only in recent decades that marine scientific research has begun to reveal the true physical characteristics and resource potential of the open ocean and deep seabed beyond national jurisdiction. A combination of factors such as the depletion of inshore fish stocks and an increase in global maritime trade has led to greater usage of the vast maritime area beyond the territorial sea and exclusive economic zone limits of the coastal states. Human activities in this area of the ocean, which covers approximately 50% of the world’s surface, have expanded to include bioprospecting, exploration for deep seabed minerals, more sophisticated marine scientific research and deep sea tourism. This rise in human activities beyond the offshore zones of coastal states poses actual and potential threats to the physical characteristics and biodiversity of the open ocean and deep sea environments. Arbitrary human intrusions into this largely unexplored marine domain have the potential to harm the intricate links between complex marine ecosystems and to erode components of marine biodiversity. This thesis examines the global and regional provisions which have been put in place to regulate the environmental impacts of human activities that occur beyond national jurisdiction. An analysis of these instruments and their implementation reveals that the current international law framework provides only minimal levels of protection for the marine environment beyond national jurisdiction. It explores several options based on the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) to establish a cohesive environmental protection system for the marine environment beyond national jurisdiction.
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Bekou, Olympia. "International criminal justice at the interface : the relationship between international criminal courts and national legal orders." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/13411/.
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International criminal courts do not operate to the exclusion of national legal orders, but co-exist with them. The present thesis provides an in-depth analysis of the above relationship. By examining the concepts of primacy and complementarity on the basis of which the ad hoc international criminal Tribunals and the permanent International Criminal Court seize jurisdiction, the foundations of the interface are explored. As effectiveness is a key concept to international criminal justice, the relationship between international criminal courts and national legal systems is tested, by examining the co-operation regimes envisaged in the Statutes of both the Tribunals and the ICC, as well as the problems that arise in practice. Moreover, the way the UN Security Council affects State interplay with international criminal justice institutions is crucial for a holistic understanding of the limitations of the interaction. The final part of the thesis focuses on national incorporation efforts and provides a detailed analysis of implementing legislation of a number of key States with a view to discerning some common approaches and highlighting problem areas. The present thesis argues that despite the different constitutional bases of the Tribunals and the ICC, similar questions of interface with national courts arise and the challenges presented could be better tackled by aiming for a "functional or workable interaction". Overall, the originality of this thesis lies in its analytical approach. By scrutinising a number of crucial aspects of the relationship between international criminal courts and national legal orders an overview of the research question posed is achieved. Moreover, the examination of the legal principles and their practical application is complemented by a comprehensive discussion of national implementing legislation which has not previously been attempted in a similar manner. [Files associated with the accompanying CD-ROM (print version) are available on request to subject librarian.]
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Jia, Bing Bing. "A study on the regime of international straits." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.296033.
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Hightower, Rudy L. "Oceanic sovereignty and the law of the sea : fishery-based conflicts." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1997. http://handle.dtic.mil/100.2/ADA333975.
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Thesis (M.A. in National Security Affairs) Naval Postgraduate School, June 1997.Thesis advisors, Rodney Kennedy-Minott, Mary P. Callahan. Includes bibliographical references (p. 123-126). Also available online.
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Mistry, Hemi. "Judicial authority, dissent and the project of international justice." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/32163/.
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Dissenting opinions, separate opinions and declarations are a familiar aspect of the international jurisprudential landscape. Despite this, in comparison to domestic judicial systems, there has been comparatively little by way of attempts to rationalise the institutional and systemic implications of this practice. While there is widespread agreement that the impact of additional opinions lies in their effect upon the authority of the court or tribunal and its decisions (‘institutional judicial authority’), the nature of that impact is open to greater contestation. How should additional opinions be viewed? An unnecessary and counterproductive distraction or an important mechanism of accountability for the exercise of judicial power? By conceiving additional opinions as the expression of individual judicial authority, this thesis examines the interplay between individual judicial authority and institutional judicial authority within two paradigms of international justice. The first – comprising the ICJ and PCIJ – represents the traditional paradigm of international justice wherein the culture of expressing individual judicial authority in international law was born. The second paradigm is international criminal justice as pursued by two institutions in particular, the ICTY and the ICC. By comparing these two paradigms, and the nature and purposes of judicial authority therein, this thesis considers how individual judges through their additional opinions have contributed to the evolving international judicial culture, and how that practice affects the manner in which the institutions in question advance the project of international justice. Drawing upon Mirjan Damaška’s work demonstrating how procedural choices and practices have implications upon authority, and the relationship between procedure and the purposes for which authority is claimed, this thesis demonstrates that not only is the expression of individual judicial authority consistent with institutional authority but it is constitutive of it. The final section of the thesis turns to consider a form of judicial expression – defined as judicial dissent – that places institutional and individual authority in conflict with one another. Despite the negative implications of judicial dissent upon judicial authority (both institutional and individual) and judicial collegiality, the final section considers whether such practice can play a legitimate systemic function.
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Antonopoulos, Constantine. "The unilateral use of force by states in international law." Thesis, University of Nottingham, 1992. http://eprints.nottingham.ac.uk/11188/.
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The purpose of this study is an inquiry into the present state of customary international law on the use of armed force by individual States. It deals with the historical evolution of the law towards the current rule of the prohibition of the use of force, the content of this prohibition and the purported exceptions to it that are invoked in the practice of States as justifications of lawful resort to force. The present author does not deal with the use of force under the authority of competent organs of the United Nations and regional organisations, as well as questions of individual criminal responsibility for resort to armed force. The present author has adopted an analytical and empirical approach towards the phenomenon of the use of armed force by States. The study is based on an examination of the practice of individual States, both within and outside the framework of United Nations organs. More specifically it concentrates on the practice of States that perpetrated the use of force, the States that were the targets of this force and the reactions of third States (in the sense of not those directly involved) to instances of use of force. Moreover, the present author considers certain resolutions adopted by the Security Council and the General Assembly as part of the practice of States and evidence of opinio juris of this practice. By this it is meant that the adoption (or not) of resolutions, especially in the Security Council, is not insulated from statements by individual members of these U. N. organs. Hence, in the case of the Security Council the lack of condemnation is not automatically considered as approval of the action that is the object of debate at the Council, beyond and apart from the attitude of individual Members. At the same time the adoption of a resolution is treated as a projection of the position advocated by individual States, while account is taken of the voting pattern and dissent or reservations expressed upon adoption. The study of State practice is compared with the ruling of the International Court of Justice in the Nicaragua Case (Merits) (the issues of use of armed force dealt with by the Court) with the aim of proving that the restrictive interpretation of the law on the use of force upheld by the Court corresponds to the actual practice of States as a component of general customary law. The position of the law of the use of force rests on a twofold basis. First, the rule of the prohibition of resort to armed force that constitutes the foundation and the starting point of the legal regulation of unilateral resort to armed force, and secondly, the purported exceptions to the rule. It is undoubtedly the case that the legal force of the rule of non-use of armed violence is not diminished. The numerous resorts to armed force by individual States have been justified either on the basis of restrictive interpretation of the content of the prohibition itself or of the purported exceptions to it. In the subsequent sections it is shown that State practice does not admit a restrictive interpretation of components of the rule and is unanimous only with regard to one of the purported exceptions to it : the right of defensive action. With regard to other exceptions, there exists extreme controversy as to their existence and scope. The content of the prohibition of the use of force, the scope of the "universally admitted" exception of defensive action, and, finally, the controversial exceptions to the rule of non-use of force constitute the three main thematic issues that are dealt with in this study. Hence the structure of the present thesis reflects this contingency. The present study considers the evolution of the law on the regulation of the use of force as marked by continuity from the period of the League of Nations to the present, and it is divided in three parts. Part One deals with the rule of the prohibition of the use of armed force by individual States. It considers the historical evolution of the rule and focuses greatly on the important developments in the practice of States during the period of the League of Nations that culminated in the total prohibition of armed force as a result of the Conclusion of the Pact of Paris (1928) and the establishment of the United Nations Organisation (Chapter 1). The remainder of Part One deals with the content of the prohibition of the threat or use of force by focusing, mainly, on the practice of States in the period 1945 - 19913. The issues that are dealt with are related to the phenomena of indirect use of force by way of armed bands (Chapter 2); armed reprisals (Chapter 3); the concepts of threat of force (Chapter 4); economic coercion (Chapter 5); anti-colonial armed struggles in relation to the rule of non-use of force (Chapter 6); and territorial integrity and political independence as the object of forcible action. Part Two examines the historical evolution (Chapter 8) and the content of the right of self-defence (Chapters 9& 10), as the only universally accepted ground for lawful unilateral resort to armed force. Chapter 9 deals with the content of individual defensive action and Chapter 10 concerns the concept of collective self-defence. Finally, in Part Three the present author considers justifications for lawful resort to armed force that are surrounded by controversy: Namely, the use of force by States for the protection of the lives and property of nationals or under the doctrine of "humanitarian intervention" (Chapter 11) and the concept of military intervention on the basis of the consent of the State on whose territory military action is taking place (Chapter 12). By way of last word it must be pointed out that in this study the term "intervention" is considered as wider than the concept of "armed force" - the latter is included in the former but not vice-versa. A study of intervention necessarily includes, in this writer's view, instances of nonforcible State activity detailed consideration of which was beyond the scope of this thesis.
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Chung, Chin-Sok. "Marine pollution : international law and the practice of the Yellow Sea States." Thesis, University of Bristol, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310706.
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Vasciannie, Stephen. "Land-locked and geographically disadvantaged states in the international Law of the Sea." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302925.
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White, N. D. "The United Nations and the maintenance of international peace and security." Thesis, University of Nottingham, 1988. http://eprints.nottingham.ac.uk/13282/.
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This thesis reviews in detail the powers, practice and effectiveness of the United Nations in the maintenance of international peace and security since its inception over forty years ago. The work not only contains an examination of the constitutional powers of the the two United Nations' organs responsible for this area - the Security Council and the General Assembly - and of how these powers have been developed in practice, but also of the significant political factors operating to limit the ambit and effectiveness of those powers. To this end Part 1 of the work examines the Security Council, Part 2 the General Assembly, whilst Part 3 contains a study of the peacekeeping function of the United Nations. Each Part is roughly divided into an analysis in terms of political factors, constitutional considerations and finally effectiveness. Peacekeeping is examined separately because it raises a host of particular problems - both constitutional and political – which would be difficult to encompass in the other two Parts. Generally, each chapter contains a conclusion at which point the various threads are drawn together not only to produce a summary but also to provide guidance as to the future use and development of the powers possessed by the United Nations in this field.
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Al-Metairi, Metlaq. "Some legal aspects of the International Sea-Bed Authority." Thesis, University of Edinburgh, 1989. http://hdl.handle.net/1842/27034.
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Acer, Yucel. "Settlement of the Aegean maritime disputes on the basis of international law." Thesis, University of Bristol, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322565.
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Pupavac, Mladen. "The international criminal tribunal for the former Yugoslavia : analysis of its contribution to the peace and security in the former Yugoslavia and the rule of law in international relations." Thesis, University of Nottingham, 2003. http://eprints.nottingham.ac.uk/11533/.
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The aim of this study has been to explore the political and legal significance of the International Criminal Tribunal for the Former Yugoslavia, both within the territory of the former Yugoslavia and beyond. Within these parameters, the overall purpose of the study has been to examine, firstly, whether the ICTY has contributed to the restoration of peace and security in the territory of the former Yugoslavia, and secondly, whether, using the experience of the ICTY, it is reasonable to expect that the newly established International Criminal Court (ICC) will make a similar contribution to international peace and security and the rule of law in international relations more generally. Therefore, the academic aim of the thesis is to use the results of the empirical research on the ICTY as a basis for reasoned speculation about the ICC. In seeking to answer whether the ICTY has contributed to peace and security in the former Yugoslavia, the thesis analyses the cooperation of the actors within and outside the former Yugoslavia, both state and non-state, arguing that the ICTY has not achieved its main objective. Using the lessons of the ICTY, the thesis seeks to modify expectations about the potential of the ICC to contribute to the maintenance of international peace and security by helping to manage similar conflicts in the future. In answering whether the ICTY has contributed to the rule of law in international relations, the thesis has contextualised the ICTY within the history of similar attempts to use international law and international institutions to prohibit and/or regulate the use of force in international relations. The overall conclusion is that the ICTY has not achieved this goal either.
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Bautista, Lowell B. "The legal status of the Philippine Treaty Limits and territorial waters claim in international law national and international legal perspectives /." Access electronically, 2010. http://ro.uow.edu.au/theses/3081.
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Shucksmith-Wesley, Marc. "The Falklands (Malvinas) dispute : a critique of international law and the pacific settlement of disputes." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52214/.
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This thesis brings a focusing lens on one of history’s most intractable and protracted territorial disputes, that between the United Kingdom and Argentina over the non-self-governing territory known as the Falklands (Malvinas), an archipelago of 200 islands, some 480 miles north-east of Cape Horn, Argentina. For Argentina, the ‘Malvinas are a constantly bleeding wound, flesh torn from the body that is Argentina’. To the United Kingdom, the territory represents one of the last vestiges of its once vast empire, having held effective control of the territory since 1833, other than for a short period in 1982 following an Argentine use of military force. The facts, history, law, and politics of this dispute all act in concert to create a picture that is so highly nebulous that a clear view as to which State should hold territorial sovereignty has yet to emerge, with there being legitimately argued positions in favour of both disputing States. At the heart of this thesis is a critical analysis of the history, the legal arguments, and the methodologies of international lawyers in order to examine the effectiveness of international law as a dispute settlement mechanism. In doing so, this thesis ascertains whether international law has a role to play in resolving this most entrenched of international disputes. This re-evaluation of the value of international law, through a critical lens, argues that international law does have the potential to assist in the resolution of the dispute. However, this is only possible if political leaders are ready to grasp on to that opportunity, and to make use of diplomatic means of dispute settlement, at the critical moment when the dispute becomes ripe, at times of significant political change. It is in these moments that international law could prove to be the guiding hand that may assist with the normalisation of relations between Argentina and the UK.
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STEVIS, DEMETRIOS. "THE EXPANSION OF STATE JURISDICTION AND INTERNATIONAL ORDER: THE CASE OF THE INTERNATIONAL SEABED AREA." Diss., The University of Arizona, 1987. http://hdl.handle.net/10150/184099.
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In 1982 the USA and other major industrial states refused to sign the Convention on the Law of the Sea--the result of the Conference on the Law of the Sea--because of objections to its provisions on the seabed beyond state jurisdiction--the International Seabed Area. According to them the system set up by the Convention is favorable to the third world and inimical to the material and ideological interests of these industrial states. Concurrently, however, the US and its allies argue that the remaining provisions of the Convention are generally accepted and part of International Law. These provisions include, among other, transit passage through straits, the 12nm Territorial Sea, the 200nm Exclusive Economic Zone and the Continental Shelf. In opposition to the Convention's seabed system the US has promoted efforts at a Reciprocating States' Agreement which, thus far, has resulted in a Provisional Understanding among eight western states. In this work I argue that the limits of state jurisdiction are not conclusively set and that both the Exclusive Economic Zone and the Continental Shelf are subject to political and legal challenges. Moreover, these challenges will grow stronger because of competition, primarily among the major industrial states, over the resources and the military and waste disposal uses of the seabed and because of the inconsistencies of major maritime states in their defense of narrow zones of coastal jurisdiction. With respect to the argument of the US and some of its allies that the deep seabed provisions of the Convention are beneficial to the third world and inimical to the major industrial states I suggest that this is not the case. In fact, the major industrial states are the primary beneficiaries of the Convention's seabed resource system, as they are the beneficiaries of the systems regulating the military and waste disposal uses of the High Seas and the international seabed. The core characteristic of the resource system, however, is the protection it offers to the less endowed among these industrial states and to the major industrializing states. Inasmuch as the Provisional Understanding does not protect these states--most of which are in a position to challenge a variety of the Convention's remaining provisions--the Reciprocating States' Agreement strategy is conflictual and destabilizing.
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Botte, Auriane. "Responsibility for core international crimes : connecting the dots toward a duty to end impunity." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/42395/.
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This thesis begins with the observation that a gap exists between the universal consensus among all States regarding the criminalisation of genocide, crimes against humanity and war crimes on the one hand, and the prevalence of impunity on the other. It then puts forward the hypothesis that this gap may be explained by the unsuitability of the approach taken by the international community to address the issue of responsibility for core international crimes. In order to test this hypothesis, this thesis critically examines the different forms of responsibility for core international crimes available in International Law. One of the important characteristics that distinguish core international crimes from other international crimes or ordinary crimes is that they are often committed with the simultaneous participation of several actors, including individual perpetrators, the State and, in some instances, non-state actors. Addressing the impunity for the commission of core international crimes cannot, therefore, be limited to the lack of consequences for individual perpetrators. This thesis challenges the focus of International Criminal Justice on individual criminal responsibility and argues for a comprehensive approach to responsibility for international crimes, including State and collective responsibility, in order to convey the collective and political features of these crimes. The issue of responsibility for genocide, crimes against humanity and war crimes has been widely discussed in the scholarly literature, in particular with the development of International Criminal Law. One can observe, however, an imbalance between the amount of research dedicated to the issue of individual criminal responsibility for core international crimes and the issue of State responsibility for international crimes. This imbalance is partly due to the fact that the notion of State criminal responsibility was rejected by a large majority of States, and discussions on these issues were abandoned. The originality of this thesis comes from the broad approach it adopts to examine the issue of responsibility for core international crimes with the aim of bridging the gap between the distinct academic perspectives. It weaves together different approaches to responsibility, from individual responsibility to State responsibility, in order to identify the weaknesses of the current forms of responsibility and to highlight the complementary aspects of the main questions discussed in these different fields of law. The thesis goes beyond highlighting the complementary aspects of the different forms of responsibility for core international crimes and puts forward a concrete proposal to develop a comprehensive normative framework, based on the model of the Responsibility to Protect concept, to implement a comprehensive approach to responsibility. This framework relies on the emergence of a duty to end impunity that lies with the territorial State as well as the international community. The purpose of this comprehensive normative framework is to promote the cooperation and interactions between the different mechanisms available in International Law and designed to deal with issues of responsibility for core international crimes. The proposal is based on the assumption that including the different norms and measures which aim to end impunity within one framework would optimise their synergy to respond to core international crimes and protect the interests of humanity as a whole.
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Nguyen, Lan-Anh Thi. "The South China Sea dispute : a reappraisal in the light of international law." Thesis, University of Bristol, 2008. http://hdl.handle.net/1983/2aca0802-4fc2-400e-bcf4-e9bc3000dca1.
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Huang, Dongdong. "The status of the deep sea-bed and its resources in international law." Thesis, University of Ottawa (Canada), 1986. http://hdl.handle.net/10393/5024.
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Leng, Lim Hock. "Legal aspects of sea and air cargo transport documents with especial reference to international carriage." Thesis, University of Kent, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.257049.
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Ahnish, Faraj. "The international law of maritime boundaries and the practice of states in the Mediterranean Sea." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.306331.
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Chadwick, Elizabeth. "The utilization of international humanitarian law and, in particular, the Geneva Convention Treaty Régime, to deter acts of international terrorism, with special reference to armed struggles by "Peoples" for their right to self-determination." Thesis, University of Nottingham, 1994. http://eprints.nottingham.ac.uk/10924/.
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In 1937, the international community preliminarily agreed on a definition of international terrorism. A major World War and Cold War since that time have made impossible any such modern consensus. In particular, the U.N. principles of the equal rights and self-determination of "Peoples" have caused political and juridical confusion in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed "terrorists", and prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination, "as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations". Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence, and when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obligated to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Nevertheless, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily regarding a definition of terrorism in general, and a co-ordination of efforts to deter its occurrence.
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Hulsewé, D. (Daphne). "Moving out to sea : international legal implications of building an offshore airport outside territorial waters." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30306.
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This thesis deals with the plan of the Dutch government to build an offshore airport outside its territorial waters. Because the airport will be outside territorial waters several problems may arise. Under the Law of the Sea the question is whether such an airport can lawfully be built and what the different conditions are under which it is possible. The Convention on International Civil Aviation is older then the new Law of the Sea Convention and therefore not up to date with the new zones in the sea that have emerged. Air law therefore needs to be interpreted in the light of those new developments.The first chapter deals with the reasons behind the plan to build such an airport. Thereafter, subsequent chapters discuss the law of the sea, air law, European law and the law of other organizations, which will have an influence on an offshore airport outside the territorial sea. The final chapter deals with plans and examples of other uses of artificial islands, including offshore airports.
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Madraiwiwi, Joni Maenabua Tuimacilai. "The archipelagic regime under the United Nations convention of the Law of the Sea 1982 : its development and effect on air law." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61777.
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O'Brien, Melanie. "National and international criminal jurisdiction over United Nations peacekeeping personnel for gender-based crimes against women." Thesis, University of Nottingham, 2010. http://eprints.nottingham.ac.uk/11492/.
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This thesis seeks to determine the most effective jurisdiction for criminal accountability for UN peacekeeping personnel who engage in sexual exploitation and abuse of women, and other conduct amounting to violence against women. As criminalisation is sought as the appropriate method of prevention and punishment of such conduct, it is first examined why criminalisation is necessary. The impact of sexual exploitation and abuse (SEA) on women in the territories in which peace operations are located is detailed as harms in the form of violations of the rights of these women. Alternatives to criminal sanctions are then considered, in particular the actions of the UN towards prevention and prohibition of SEA. While such regulations are necessary, they are ultimately inadequate in preventing and punishing SEA. Included is an assessment of the Draft Convention on Criminal Accountability of UN Officials and Experts on Mission, the adoption of which would support criminalisation. However, the UN itself is unable to exercise criminal jurisdiction, and thus it is essential to examine which jurisdictions would be most effective in undertaking criminal prosecution of peacekeeping personnel. The choice between national jurisdictions and international criminal justice is debated. Which jurisdiction offers a more effectual forum for ensuring accountability? What potential impediments exist and how can such hindrances can be overcome? This thesis argues that gender-based crimes by UN peacekeepers should be criminalised, and that, while the International Criminal Court should not be discounted as a potential forum for prosecuting perpetrators, domestic prosecutions are far more likely and far more effective.
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Murphy, Ray. "UN peacekeeping in Lebanon and Somalia : international and national legal perspectives." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/14375/.
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The initial focus of the thesis is on Ireland, a small militarily neutral state, but one with a long tradition of contributing to peacekeeping operations. Despite its significant contribution to peace support operations to date, there is little research on the past and future implications of this for Ireland. This thesis seeks to address some of the key legal and political issues confronting Ireland, and to provide a unique perspective on the dilemmas and problems confronting many small states of the UN in the post cold war era. The thesis uses two case studies, Somalia and Lebanon, to conduct a comparative analysis of traditional peacekeeping and that of peace enforcement The conduct of UN forces in Somalia, and the outcome of the UN mandated operations there, had a profound effect on the willingness of states to support UN peace support operations in the post cold war period. UNOSOM II was one of the most ambitious and controversial multidimensional operations ever mounted by the UN. It reflected the optimism associated with the dawn of a 'new world order' and an effective Security Council. The UN operation in Lebanon (UNIFIL), in contrast, was a less ambitious traditional peacekeeping mission, but it too was controversial and the Force encountered serious difficulties implementing the apparently more straightforward mandate. Both operations show that whatever the nature of a peace support operation, its role and effectiveness is dependent upon support from the Security Council. Without political support and adequate resources, especially at the time of its establishment, a UN force remains at the mercy of the parties to the conflict. Both operations also highlighted serious difficulties that arise in the command and control of UN peace support operations, although the larger more complex UNOSOM II mission presented significantly more serious dilemmas in this regard. These problems are often exacerbated by deficiencies in the municipal laws and domestic political concerns of contributing states. An important distinguishing feature between traditional peacekeeping operations and that of more robust peace enforcement operations is the policy regarding the use of force. Nevertheless, both Lebanon and Somalia presented remarkably similar difficulties regarding devising and adopting appropriate rules of engagement, and the differing interpretations of what action justified the resort to, and the degree of force deemed appropriate in a UN multi-national operation. The thesis seeks to draw lessons from the experiences of UNIFIL and UNOSOM in regard to these and related issues. The matter of the applicability of international humanitarian law to UN forces was also relevant to both sets of operations. Despite the recent adoption of the Convention on the Protection of UN Personnel, and a Secretary-General's bulletin on the applicability of humanitarian law to UN forces, the situation remains unsatisfactory.
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Ioannis, Kalpouzos. "The applicability of international law to armed conflicts involving non-state armed groups : between status and humanitarian protection." Thesis, University of Nottingham, 2011. http://eprints.nottingham.ac.uk/12056/.
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This is a thesis about the applicability of the jus in bello to armed conflicts involving non-state armed groups. The thesis focuses on the thresholds of applicability. These are the definitions of actors and situations that activate the applicability of the jus in bello. The aim is to illuminate and critique the regulatory rationales behind the different definitions of actors and situations in the different thresholds. The evolution of the thresholds is reviewed chronologically. Accordingly, the enquiry ranges from the 19th century doctrines of recognition of belligerency and insurgency, through common article 3 and Additional Protocols I and II, to the law developed by the ICTY and included in the Rome Statute for the International Criminal Court. While the thresholds constitute the centre of the enquiry, their meaning and function are further elucidated by the analysis of the process of their assessment, as well as the extent of the substantive legal regime they activate. The central question of the thesis is whether there has been a gradual shift from a status-based rationale to one focused on the humanitarian protection of individuals, in the evolution of the thresholds of applicability. A status-based rationale fits with a system of horizontal regulation of state-like collective entities and allows considerations and perceptions of the ascription of status through legal regulation to determine the threshold of applicability. A humanitarian-protection rationale is more related to a system of vertical regulation irrespective of status and links the applicability of the law to the individual and her protection. The argument proposed is that such a gradual shift is indeed visible, if tempered by the continuous role that considerations of status have in conflict situations and the still largely decentralised system of assessment of the applicability of the law.
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Sun, Zhen. "Allocating uses of the exclusive economic zone under the international law of the sea." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708421.
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Al-Zahrani, Mansour Khod. "The Kingdom of Saudi Arabia and the law of the sea : an analysis of Saudi Arabian practice within the emerging international oceans regime." Thesis, University of Hull, 1997. http://hydra.hull.ac.uk/resources/hull:4995.
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Marx, Rebecca N. "What Is the Role of International Law in Resolving Territorial Conflict? An Analysis." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/scripps_theses/734.
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In my thesis, I investigate the effectiveness of international law in helping to settle territorial disputes. My hypothesis is that international bodies and laws fail to ameliorate territorial conflict because they fail to provide sufficient incentives to overcome political hurdles to resolution. To analyze this topic, I will examine three territorial disputes in Northeast Asia. The three cases in question are all quite longstanding. All three have had ample time and opportunity to be arbitrated or adjudicated by an international body. Yet this has not occurred. I will postulate reasons why they this is the case, using information drawn primarily from scholarly journals, and other reputable sources in the field of political science which are listed in the bibliography herein. I have also reviewed the text of relevant treaties that apply to the nations under examination. While all three of the cases that I describe take place in the same geographic region, one may apply the lessons learned from these three cases more globally because the same root problem that prevents these three Northeast Asian examples from being resolved through international law also exists in other cases—namely insufficient incentive to change the status quo in spite of potential consequences and unwanted concessions.
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Ahnish, Faraj Abdullah. "The international law of maritime boundaries and the practice of states in the Mediterranean sea /." Oxford : Clarendon press, 1993. http://catalogue.bnf.fr/ark:/12148/cb374138245.
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Ja'afar, Sabirin Bin. "International law of the sea and national legislation on piracy and terrorism in the Straits of Malacca : a study in law and policy." Thesis, University of Greenwich, 2007. http://gala.gre.ac.uk/8211/.
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The issue of piracy and maritime terrorism becomes complicated when it is discussed in relation to the rights of the coastal states regarding the right of passage in straits used for international navigation. One of the issues in this respect is the conflicting interests of littoral states that insist on sovereignty over the sea areas adjacent to their coast and the needs of user states to retain and indeed to have more freedom in navigation while passing through and overflying these straits. The Straits of Malacca is a region where the concepts of respective freedom have been tested. To further complicate the matter, in law and perceptions, the 11 September 2001 atrocities brought about an urgent need for more radical changes to the existing international law to deal with possible terrorist attacks at sea. This resulted in the rapid adoption under the IMO of the ISPS Code through amendments to the SOLAS Convention 1974. More radical changes affecting the basic rights of freedom of the high seas are taking place in the amendments of the SUA Convention 1988. Against this backdrop, the issue of maritime security and the way in which the littoral states deal with it while maintaining their rights and sovereignty has had fundamental effects in the Straits of Malacca. The main purpose of this thesis is to trace the legal developments and changes that have taken place in regional and international law since the September 11 atrocities, which have fundamentally affected the question of the littoral states' sovereignty and rights over adjacent maritime zones against the rights of user states and interested maritime powers as applied in new security outlooks and threats of international terrorism. Through case studies to examine fundamentals, this thesis attempts to answer the question as to whether the trend to further 'internationalise' the Straits of Malacca is justified under the international conventions and customary law. The thesis will trace the use of the issue of piratical attacks in the straits, which have enabled third parties to offer security arrangements to the littoral states, and how diplomatic negotiations on this question between the littoral states themselves are compounded by complex historical, legal and political issues and by related organizational structures at national, regional and international levels. These objectives can be achieved only by a rigorous evaluation of the law of the sea with respect to security, accompanied by examinations of actual processes and practices in the form of case studies. A summing up of the evidence so examined is provided in the final chapter of the thesis.
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Wright, Timothy David. "The relationship between international legal disputes and their means of settlement : a case study of the law of the sea." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.303122.
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Dick, Bryan. "Framing 'Piracy' : restitution at sea in the later Middle Ages." Thesis, University of Glasgow, 2010. http://theses.gla.ac.uk/2244/.
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The focus of the thesis is the diplomatic and legal implications of the capture of ships at sea in the later Middle Ages. It challenges key assumptions in much secondary literature concerning the definition of piracy, seeking to explore several major themes relating to the legal status of shipping in periods of war or diplomatic tension in this period. The thesis draws primarily on diplomatic, legal and administrative records, largely those of English royal government, but also makes use of material relating to France, Holland and Zealand, Flanders and the Hanse. The majority of studies on this subject stress the importance of developments which occurred in the fifteenth century, yet I have found it necessary to follow the development of the law of prize, diplomatic provisions for the keeping of the sea and the use of devolved sea-keeping fleets back to the start of the thirteenth century. This thesis questions the tendency of historians to attach the term ‘piracy’, with its modern legal connotations, to a variety of actions at sea in the later Middle Ages. In the absence of a clear legislative or semantic framework a close examination of the complexity of practice surrounding the judgement of prize, the provision of restitution to injured parties, and diplomatic mechanisms designed to prevent disorder at sea, enables a more rounded picture to emerge. A detailed examination of individual cases is set within the broader conceptual framework of international, commercial and maritime law. Chapter 1 provides a study of the wartime role of devolved flees by means of a case study of Henry III’s Poitou campaigns of 1242-3. It demonstrates that private commissioned ships undertook a variety of naval roles including the transport of troops, patrolling the coast and enforcing blockades. Further, it argues that it is anachronistic to criticise private shipowners for seeking profit through attacks on enemy shipping as booty was an integral incentive in all forms of medieval warfare. Chapter 2 provides a detailed examination of the application of letters of marque, one of the principal means of obtaining redress for injuries suffered at the hands of the subject of a foreign sovereign. It demonstrates that far from being a justification for ‘piracy’ letters of marque were highly regulated legal instruments applied in the context of an internationally accepted body of customs. Chapter 3 examines the concept of neutrality and the relationship between warfare and commerce through a study of Anglo-Flemish relations during the Anglo-Scottish wars between 1305 and 1323. It argues that universal standards of neutrality did not exist in this period and that decisions on prize took place within the context of an ever-changing diplomatic background. Chapter 4 focuses on the provision of restitution once judgement had been made through an examination of a complex dispute between English merchants and the count of Hainault, Holland and Zeeland spanning the opening decades of the fourteenth century. It emphasises the ad hoc nature of restitution with a variety of means devised to compensate the injured parties and the difficult and often inconclusive process undergone by litigants against a backdrop of competing interests, both local and national. The thesis concludes that the legal process surrounding the capture of shipping was civil rather than criminal in nature. The plaintiff’s need to obtain restitution was the driving force behind such actions rather than the state’s desire to monopolise the use of violence at sea. The reliance of the English crown on devolved shipping made such a policy fiscally impractical.
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Roberts, Julian Peter. "Marine environment protection and biodiversity conservation the application and future development of the IMO's particularly sensitive sea area concept /." Access electronically, 2006. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20061204.153018/index.html.
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Magnússon, Bjarni Mar. "Dispute settlement and the establishment of the continental shelf beyond 200 nautical miles." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7809.
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One of the central purposes of the international law of the sea is to define various maritime zones, their extent and limits. One of these zones is the continental shelf. The continental shelf in modern international law has two aspects: The continental shelf within 200 nautical miles from the shore of coastal States and the continental shelf beyond that limit. The United Nations Convention on the Law of the Sea provides that information on the limits of the continental shelf beyond 200 nautical miles shall be submitted by the coastal State to a scientific and technical commission, namely the Commission on the Limits of the Continental Shelf. The Commission is responsible for making recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelves beyond 200 nautical miles. If the limits of the shelf established by a coastal State are on the basis of the recommendations, they are final and binding. The establishment of the continental shelf beyond 200 nautical miles has two main features: The establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States. Many questions concerning the relationship between these procedures have been left unanswered as well as the relationship between the Commission and international courts and tribunals. This thesis analyses the role of coastal States, the Commission and international courts and tribunals in the establishment of the continental shelf beyond 200 nautical miles and the interplay between them. It explores how the various sources of international law have contributed to the establishment of the current legal framework. The thesis explores the differences between the delineation and delimitation of the continental shelf beyond 200 nautical miles. It demonstrates that the role of the Commission is to curtail extravagant claims to the continental shelf beyond 200 nautical miles and protect the territorial scope of the international seabed area. It also shows that the role of international courts and tribunals in this field is essentially the same as their role in other types of disputes. It explains that the establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States is a separate process. Furthermore, it clarifies that the three-stage boundary delimitation method is applicable beyond 200 nautical miles. It also displays that no special rule of customary international law has evolved that is solely applicable to delimitations regarding the continental shelf beyond 200 nautical miles. The thesis addresses the interaction of the various mechanisms within the United Nations Convention on the Law of the Sea concerning the continental shelf beyond 200 nautical miles. Its main conclusion is that despite the possibility for tension to arise the relationship between the institutions is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
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Molitor, Michael Rene. "The United States Supreme Court and the law of the sea : an examination of the interpretation and application of international law by a municipal tribunal." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.256288.
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Grief, Nicholas. "Public international law in the airspace of the high seas." Thesis, University of Kent, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.293127.
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Batteni, Nasser. "Law and practice of international carriage of goods by sea under English and Iranian maritime law : (legal disputes arising from Charter-parties and Bills of Lading)." Thesis, Glasgow Caledonian University, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384988.
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Romeliotou, Vassiliki. "Mechanisms of control over compliance with international law on the protection of the Mediterranean Sea against pollution." Thesis, SOAS, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368693.
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Roumeliotou, V. "Mechanisms of control over compliance with international law for the protection of the Mediterranean Sea against pollution." Thesis, SOAS, University of London, 2001. http://eprints.soas.ac.uk/28519/.
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This study is concerned with the legal mechanisms and institutional arrangements established to control compliance with commitments undertaken in treaty form by Mediterranean States, with a view at protecting the marine environment from various sources of pollution. Part I begins with a brief presentation of the state of the Mediterranean environment, both natural and socio-economic. There follows a consideration and assessment of the nature and extent of, and the relationship between, environmental obligations arising under the relevant instruments adopted at the global, regional and sub-regional level, in order to identify the implications thereof for the design and application of the said mechanisms and arrangements. In Part II, the treatment of the core issue begins with an initial review of the evolution of compliance-control mechanisms under general international, and especially environmental, law, followed by a critical examination of the legal arrangements - actually or potentially - used in the Mediterranean to ensure compliance with the said body of law. In this context, a distinction is made between the traditional models, namely the state responsibility and civil liability approach to compliance control and the comprehensive institutional model, and the emerging approaches, namely provision of financial and technical assistance as compliance incentives, and compliance control and enforcement under national law. Finally, this thesis argues that the most constructive way to encourage observance of international marine pollution standards in the region in the long term is through the intervention of international law towards developing appropriate procedural means for follow up and enforcement within domestic legal systems, while, in the short term, efforts should concentrate at establishing - or refining - comprehensive institutional mechanisms that would necessarily accommodate arrangements for financial and technical assistance dependent on effective compliance.
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Lorenzen, Marie. "Search and Rescue as Politics of International Law: Assessing Italy’s Obligations towards Migrants in Distress at Sea." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23431.
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This thesis examines the extent to which Italy can instrumentalize international law to eschew protection responsibilities for migrants in distress at sea. In doing so, this study delimits itself by focusing on three legal cases: Aquarius, Hirsi Jamaa, and GLAN. These cases are analyzed against relevant international legal doctrine by means of Martti Koskenniemi’s deconstructive method, in order to explicate the political maneuvering embedded in the international legal framework. By adopting B.S. Chimni’s theory on the non-entrée regime, this thesis finds that Italy exploits the legal ambiguity in international law, in order to distance themselves from rescue and protection obligations. Conclusively, instead of creating a legal framework that is responsive to the protection needs of boat migrants, international law simultaneously enables Italy to barter off responsibility for refugees in distress at sea. Thus, this thesis contributes with a critical perspective to international law related to migrants in distress at sea.
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Jackson, John W. "China in the South China Sea genuine multilateralism or a wolf in sheep's clothing?" Thesis, Monterey, California. Naval Postgraduate School, 2005. http://hdl.handle.net/10945/9984.
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The South China Sea claimants base their claims on ancient documentation and archeological evidence. However, they largely ignored the territories until the 1960s, when natural resources speculations began. The 1982 UNCLOS magnified interest as claimants hoped to extend exclusive economic rights from their claims rather than continental coastlines. Another possible factor behind Chinese claims is the theory that Beijing desires to establish Chinese hegemony in the region. Beijing's shift from bilateral diplomacy and military aggression to multilateral diplomacy has created debate among Sinologists. Many argue China lacked the power necessary to assert its claims and now can finally attempt assertion again, thus the naval buildup. Others argue that natural resources drive China's SCS policy and still others believe bureaucratic infighting drives policy. Economic data shows a possible causal relationship between trade and China's political behavior. The 1996 U.S. Presidential campaign slogan, "It's the economy stupid," apparently applies to Beijing's SCS approach as well. The U.S. approach to the disputes remains one of ambivalence. As long as the United States maintains freedom of navigation through the area, Washington should remain concerned but uninvolved. Beijing largely feels the same way, with the important addition of guaranteeing access to the region's natural resources.
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Shucksmith, C. L. "The International Committee of the Red Cross and its mandate to protect and assist : law and practice." Thesis, University of Nottingham, 2015. http://eprints.nottingham.ac.uk/29162/.
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It is 150 years since the establishment of the International Committee of the Red Cross (ICRC), following Henry Dunant’s experiences during the aftermath of the Battle of Solferino. It is 100 years since the commencement of the Great War: if we think about a ‘traditional’ battlefield, what images come to mind? Perhaps one imagines soldiers in uniform, tanks, guns and trenches. Do the emblems of the International Red Cross and Red Crescent Movement (IRCRCM) feature in the imagined conflict scenario? Now imagine the conflicts happening today in, for example, Syria, Mali, Democratic Republic of Congo (DRC) and Ukraine. In these conflicts, soldiers mingle with civilians in towns, armoured vehicles and open backed trucks transport non- uniformed soldiers between conflict areas and weapons include, amongst others, improvised explosive devices, suicide bombers and sexual violence. Nevertheless the emblems of the IRCRCM continue to emblazon the uniforms of medical personnel and their equipment, vehicles and aid boxes. What consequences do the changes in the nature of armed conflicts have for the ICRC? The human consequences of conflict and the presence of the ICRC has been a constant for 150 years, but the needs of the population and the types of violence continually change. Indeed, since the creation of the ICRC in 1863, the methods, means and actors in conflicts have changed, but so has the practice of the ICRC. This thesis considers the legality of such developments. The ICRC is, perhaps most significantly, the self-entitled, ‘guardian’ of international humanitarian law (IHL) and a neutral and independent entity. This thesis considers the activities currently undertaken by the ICRC in the name of ‘humanitarianism’. It addresses whether a strict interpretation of the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and Statutes of the ICRC would show that it is, as an organisation, usurping its mandate and principles. It also takes into account the ‘ICRC Study on Customary IHL’. The thesis examines the issue of whether the ICRC is an organisation with International Legal Personality (ILP) and, if so, whether it has legitimately extended its role beyond that provided in the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and the Statutes of the IRCRCM. More broadly therefore the thesis examines the relationship between the ICRC and international law, including IHL, jus ad bellum and international human rights law (IHRL). One unique contribution made by this thesis is to undertake a substantial analysis of the meaning and implementation of humanity, which is a principle of the IRCRCM. The IRCRCM definition of the principle of humanity is: The International Red Cross and Red Crescent Movement, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours, in its international and national capacity, to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect human life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, cooperation and lasting peace amongst all people. Chapter five of the thesis shows that emerging concepts in the latter part of the twentieth century, in particular sovereignty as responsibility, human security and the Responsibility to Protect (RtoP), are indicative of a development within the international community which identified the plight of individuals within sovereign States as relevant to the international community at large. In particular, the ‘humanity’ and humanitarian needs of people living within states, in particular during and after conflict, became part of international discourse. Humanitarian assistance is no longer restricted to the provision of aid to soldiers. The idea of inhumanity in internal armed conflicts also gained traction on the international stage. It is evident from recent conflicts such as Libya, Syria and Ukraine that international willingness and ability to respond to such situations varies considerably. This thesis, therefore, considers whether the ICRC is able to reach people on the ground in a way that more politicised actors, such as the UN, are not. It considers whether there is a case to be made for a humanitarian approach to protection during, and after, armed conflict? Is the ICRC capable of reaching individuals and communities in a promising and effective way? Has the ICRC had to adapt its humanitarian assistance and protection roles to adequately respond to the changing nature of armed conflicts? These questions permeate the analysis of the mandate of the ICRC and its current work, which is undertaken throughout this thesis. Critically, this thesis dedicates a chapter to analyse what ‘humanity’ means today. In much literature humanity is considered in terms of IHL, which, it is argued, provides a limited definition of such. Likewise, much literature on the ICRC centre’s on its links to IHL. The ICRC often forms a subsection of a chapter on IHL or is viewed through the lens of IHL. This thesis goes further than traditional accounts of the ICRC, as it presents the ICRC as key actor in the long-term protection and assistance of individuals and communities suffering through and trying to recover from armed conflict. It addresses the question of how to interpret ‘humanity’ and whether, perhaps, there is a case to argue that it can and should be interpreted more broadly, given the influx of human focused concepts to emerge since the end of the Second World War. This thesis focuses on sovereignty as responsibility, human security and Responsibility to Protect (RtoP) as key examples of such, as they all relate to humanitarianism. Their specific links are considered in detail in chapter five. Teitel published ‘Humanity’s Law’ in 2011 which reflects on issues similar to those contained in this thesis. However, much of Teitel’s analysis remains grounded in ‘black-letter’ law, whereas this thesis is taking a socio-legal approach and focuses on the law and practice of the ICRC. Humanity’s Law, as a concept, is very close to this Author’s interpretation and understanding of international law and the international legal order, and, as such, it is imperative to refer, throughout the thesis, to ideas put forward in ‘Humanity’s Law’. In terms of existing literature and academic argument on the matter of ‘humanity’, Teitel provides a comprehensive analysis of case law and theory. In addition much literature on the ICRC dedicates a passing comment to the Principles of the IRCRCM, which include ‘humanity’. Sovereignty as responsibility, human security and RtoP are reflective of a shift away from a state-centric model of the international legal order. There is increasing awareness and political will in terms of the plight of vulnerable populations in need. The key for this thesis is whether the ICRC mandate and practice are reflective of the developing notions of humanity, that is, is the ICRC ‘buying in’ to security or interventionist interpretations of humanity? Or, which would be a much more daring conclusion to draw, is the ICRC actually ‘feeding’ the development of ‘humanity’ as a concept which is, in turn, permeating international legal discourse more broadly? The traditional theory of human security, as proposed by the United Nations Development Programme in 1994, considered economic, food, health, environmental, personal, community and political security to be of consequence to the people living in conflict and other insecure environments. These types of security were seldom prioritised in traditional security paradigms, which focused on national security. This thesis considers human security to be of continuing importance to people on the ground during and after armed conflict and other situations of violence. For people trying to rebuild their lives, family life, food, health and community security are as important, if not more important, than the maintenance of territorial borders. In this regard, it considers the work of the Economic Security (EcoSec) Unit, which assesses needs at household level in order to obtain first-hand local information. This thesis required the undertaking of interviews with ICRC delegates at the headquarters in Geneva. The literature in this area is somewhat limited and that which is produced comes predominantly from the ICRC. It was necessary therefore to undertake empirical research to provide an original contribution to research in this field and to comprehensively address the research questions of this thesis. Finally, this thesis uses a case study of the ongoing conflict in the DRC to examine the activities of the ICRC and shows how, and to what extent, the changes within the ICRC practice are impacting people on the ground. The case study was also informed by the interviews.
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Mahafzah, Qais Ali Mufleh. "Achieving uniform interpretations of uniform rules : a case study of containerisation and carriage of goods by sea." Thesis, Durham University, 2002. http://etheses.dur.ac.uk/1248/.
Full textAbstract:
This thesis explains that the development of the law of the carriage of goods by sea has led to the appearance of the Hague, Hague-Visby and Hamburg Rules. The existence of these different conventions plainly contributes to the breakdown of uniformity. The thesis, nevertheless, argues that international uniformity is still valuable since it reduces the legal costs significantly. However, many conflicts arise among the various countries in interpreting these conventions. Such conflicts lead to uncertainty and unpredictability, and in consequence, to the increase of legal costs. In proving the latter, the thesis examines and evaluates the conflicts of interpretations of these conventions brought on by containerisation. The thesis proves the inadequacy of various propositions on the question of how to avoid such conflicts. It argues, however, that the failure to consider foreign decisions is a significant factor of having such conflicts. In proving the latter, the thesis provides a comparative study in evaluating various courts' decisions that relate to containerisation. The thesis, however, evaluates different measures to achieve international uniform interpretations. Most of these measures are not completely satisfactory solutions to such achievement. Accordingly, the thesis examines the obstacles that may face the applicability of comparative law in practice, and the capability of avoiding these obstacles. The thesis also offers various observations in relation to how the national courts shall consider comparative law. The key point is that the divergence that characterised the interpretation of the existing conventions will reappear unless there is some obligation on national courts to consider and apply comparative law. The thesis therefore proposes that any future convention relating to the law of carriage of goods by sea shall specify that the national courts of every contracting state shall refer to the decisions of the other contracting states when dealing with questions of interpretation.