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Dissertations / Theses on the topic 'Law of the sea; International law'

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Published: 4 June 2021

Last updated: 9 February 2022

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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

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2

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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<p>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, en

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3

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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4

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 Er

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5

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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6

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 a

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7

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)<br>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 includ

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8

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

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9

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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10

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.<br>Thesis advisors, Rodney Kennedy-Minott, Mary P. Callahan. Includes bibliographical references (p. 123-126). Also available online.

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11

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 opinion

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12

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

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13

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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14

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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15

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

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16

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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17

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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18

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 inter

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19

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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20

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 per

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21

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 prov

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22

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 avai

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23

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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24

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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25

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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26

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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27

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, a

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28

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 develo

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29

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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30

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 crimi

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31

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

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32

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, thro

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33

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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34

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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35

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 th

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36

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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37

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 furth

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38

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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39

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 thi

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40

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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41

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

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42

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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43

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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44

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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45

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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46

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-regi

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47

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 ambiguit

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48

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 Sinolo

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49

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 C

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50

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/.

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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 l

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