Suchergebnisse

"The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation and its practical approach will capture individuals working for relevant international organisations and NGOs"--

Preliminary Material -- 1 Introduction -- 2 The Outer Limits of the Continental Shelf in International Law -- 3 Legal Aspects of the Commission's Decision-Making -- 4 Legitimacy of the Commission and Its Decision-Making -- 5 The Future of the Commission -- Bibliography -- Table of Cases -- Index.

The Supreme Court of Norway has heard the parties in a case that a Latvian shipping company filed against Norwegian authorities because the company was not permitted to catch snow crab on the continental shelf around the Svalbard archipelago. This article provides a short comment on the court proceedings, placing emphasis on the international legal questions that the Supreme Court shall decide.

A hundred years ago on 9 February 2020, the Svalbard Treaty was adopted in Paris, granting Norway her long-standing ambition: full and absolute sovereignty over the Svalbard archipelago. After a brief review of the negotiations that preceded the Paris decision, this article examines the main elements of the Treaty: Norwegian sovereignty, the principle of non-discrimination and the terra nullius rights of other states, peaceful utilization, scientific research and environmental protection. Focus then shifts to Norway's policy towards Svalbard and the implementation of the Treaty's provisions: what have been the main lines of Norwegian Svalbard politics; what administrative structures have evolved; to what extent has Norwegian legislation been made applicable to Svalbard? Importantly, the article also addresses how widespread changes in international law that have taken place since 1920, particularly developments concerning the law of the sea, have brought to the forefront controversial issues concerning the geographic scope of the Treaty's application.

A hundred years ago on 9 February 2020, the Svalbard Treaty was adopted in Paris, granting Norway her long-standing ambition: full and absolute sovereignty over the Svalbard archipelago. After a brief review of the negotiations that preceded the Paris decision, this article examines the main elements of the Treaty: Norwegian sovereignty, the principle of non-discrimination and theterra nulliusrights of other states, peaceful utilization, scientific research and environmental protection. Focus then shifts to Norway's policy towards Svalbard and the implementation of the Treaty's provisions: what have been the main lines of Norwegian Svalbard politics; what administrative structures have evolved; to what extent has Norwegian legislation been made applicable to Svalbard? Importantly, the article also addresses how widespread changes in international law that have taken place since 1920, particularly developments concerning the law of the sea, have brought to the forefront controversial issues concerning the geographic scope of the Treaty's application.

The most recent instrument specifically designed to make navigation in polar waters safer and more environmentally friendly is the International Maritime Organization's long-awaited "International Code for Ships Operating in Polar Waters" – the Polar Code. This article first briefly examines the legislative history of the Code, with emphasis on the final and consolidating phase of development. Second, an account is provided of the main contents of the Code as regards its regulations on safety measures and pollution prevention. Finally, the analysis places the new framework in the broader context of international law, including an examination of the Polar Code's relationship to specific provisions and legislative arrangements of the United Nations Convention on the Law of the Sea.(Published: May 2016)Citation: Ø. Jensen. "The International Code for Ships Operating in Polar Waters: Finalization, Adoption and Law of the Sea Implications." Arctic Review on Law and Politics, Vol. 7, No. 1, 2016, pp. 60–82. http://dx.doi.org/10.17585/arctic.v7.236

The most recent instrument specifically designed to make navigation in polar waters safer and more environmentally friendly is the International Maritime Organization's long-awaited "International Code for Ships Operating in Polar Waters" – the Polar Code. This article first briefly examines the legislative history of the Code, with emphasis on the final and consolidating phase of development. Second, an account is provided of the main contents of the Code as regards its regulations on safety measures and pollution prevention. Finally, the analysis places the new framework in the broader context of international law, including an examination of the Polar Code's relationship to specific provisions and legislative arrangements of the United Nations Convention on the Law of the Sea.(Published: May 2016)Citation: Ø. Jensen. "The International Code for Ships Operating in Polar Waters: Finalization, Adoption and Law of the Sea Implications." Arctic Review on Law and Politics, Vol. 7, No. 1, 2016, pp. 60–82. http://dx.doi.org/10.17585/arctic.v7.236

This article examines the legal significance of the Commission on the Limits of the Continental Shelf in third-party dispute settlement regarding delimitation of the continental shelf beyond 200 nautical miles from the territorial sea baselines. Recent international jurisprudence indicates that the relationship between the procedures of the 1982 un Convention on the Law of the Sea involving the Commission and third-party dispute settlement is marked by lack of clarity, bringing procedural and substantive legal challenges in the view of the international judiciary. The procedures involving the Commission may influence a dispute settlement body's decision to exercise its jurisdiction to delimit continental shelf areas beyond 200 nautical miles. Also in terms of continental shelf entitlement—determining what is legally a "continental shelf" and what is not—the Commission plays a crucial role.