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The United Nations Convention on the Law of the Sea: A System of Regulation

The United Nations Convention on the Law of the Sea: A System of Regulation

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367673901
  • 出版时间 October 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,586.25

¥1,538.67 Save ¥47.58 (3%)

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  • 描述 
  • 大纲 
  • 详细

    The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans.

    This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come.

    As a contribution to ensuring the future relevance of UNCLOS, the book will be a valuable resource for scholars, diplomats, judges and other practitioners who are working with and interpreting the law of the sea and related issues of maritime law, migration law, human rights law and humanitarian law.

  • Preface   
    Introduction to UNCLOS 1982 as a System of Regulation
    Kristina Siig, Birgit Feldtmann and Fenella M.W. Billing

    Part I. Law and Order at Sea
    The System of Law and Order at Sea under UNCLOS 1982
    Birgit Feldtmann
    ‘Outlaw Oceans’ and ‘Lawless Seas’? Revisiting the high seas as a regulatory space under (and after) UNCLOS 1982
    Richard Collins
    Unmanned Vessels and the Multi-dimensional Concept of ‘Ship’ under UNCLOS 1982
    Anna Petrig
    The Law of the Sea and the Law of Naval Warfare: Comfortable intersection or
    irreconcilable conflict?
    David Letts
    Use of Force Against Pirates, Human Rights and the Law of the Sea
    Kenneth Øhlenschlæger Buhl

    Part II. UNCLOS 1982 and Human Rights
    Human Rights from Within the UNCLOS System: An overview
    Fenella M. W. Billing
    Flag States and Human Rights Protection: Obligations and justiciability under international
    human rights law
    Ulrike Fleth-Barten
    Looking at the Case Law of the European Court of Human Rights through the Lens of the
    International Law of the Sea
    Fernando Loureiro Bastos
    Remote Migration Control at Sea: Jurisdiction relating to joint or proxy interception in
    foreign waters or foreign search and rescue regions
    Jesper Lindholm
    Interpretation of UNCLOS 1982 based on General Principles of Law: ‘Considerations of
    humanity’ in disembarkation of rescued refugees and migrants
    Fenella M. W. Billing

    Part III. UNCLOS 1982 and Private Actors
    Private Actors as Co-regulators, Direct Addressees and/or Enforcers of the System of
    Regulation Governed by the Law of the Sea
    Kristina Siig
    The Role of Industry Self-Regulation in International Maritime Law
    Christian Frier & Kim Østergaard
    The Polar Code vs The International Safety Management Code: Do we need both?
    Hanna Barbara Rasmussen and Signe Jensen
    Marine Insurance at Lloyd’s of London: Shaping and enforcing best management practices
    Anja Shortland

    Part IV. UNCLOS 1982 and Methodology
    UNCLOS 1982 and its Instructions on Method
    Kristina Siig
    As Time Goes By: A preliminary inquiry into the ‘object and purpose’ of the Law of the Sea
    Convention
    Liesbeth Lijnzaad
    Modelling UNCLOS 1982: How to approach a complex convention?
    Kristina Siig

    Index

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