(Ebook) Decisions of the World Court Relevant to the un Convention on the Law of the Sea A Reference Guide 2nd Edition by Barbara Kwiatkowska ISBN 978-9004184299 9004184295

(Ebook) Decisions of the World Court Relevant to the un Convention on the Law of the Sea A Reference Guide 2nd Edition by Barbara Kwiatkowska ISBN 978-9004184299 9004184295

(Ebook) Decisions of the World Court Relevant to the un Convention on the Law of the Sea:A Reference Guide 2nd Edition by Barbara Kwiatkowska  - Ebook PDF Instant Download/Delivery: 978-9004184299, 9004184295
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Product details: 

ISBN 10: 9004184295

ISBN 13:   978-9004184299

Author:  Barbara Kwiatkowska 
This pioneering publication provides a Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium.
Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea.
The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of this Reference Guide. It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.

Table of contents: 

TABLE OF CASES

• Permanent Court of International Justice and International Court of Justice

• Inter-State Arbitral Tribunals

• International Tribunal for the Law of the Sea

• Other Third Party Fora

• National Courts

TABLE OF TREATIES

• Multilateral Treaties

• Bilateral Treaties

TABLE OF UN CONVENTION ON THE LAW OF THE SEA
TABLE OF ABBREVIATIONS

GLOBAL FRAMEWORK INSTRUMENTS: A REFERENCE GUIDE

Internal Waters, Territorial Sea and Baselines

• Internal Waters / Territorial Sea: Legal Status

• Relevant Jurisprudence

• Land-Dominates-the-Sea Principle

• Historic Titles

• Treaties of Friendship, Commerce and Navigation (FCN)

• Breadth and Outer Limit of the Territorial Sea

• Normal Baselines

• Reefs

• Straight Baselines

• Mouth of Rivers

• Bays

• Relevant Jurisprudence

• 10-Mile Closing Line

• Historic Bays

• Ports and Roadsteads

• Low-Tide Elevations

The Right and Meaning of Innocent Passage

• Innocent Passage of Warships

• Sea Lanes and Traffic Separation Schemes

• Criminal Jurisdiction

• Maintenance of Navigational Aids and Territorial Sovereignty

• Access to, Jurisdiction and Treatment in Ports

• Danzig Port

• Relevant Jurisprudence

• Deepwater Ports

• Ports / Oil and Gas Development

Contiguous Zone

Inter-Oceanic Canals

• Definition of an Inter-Oceanic Canal

• Concept of International Servitudes

• Individual Canals

Straits Used for International Navigation

• Relevant Jurisprudence

• Definition of Strait Used for International Navigation

• Transit Passage

• Innocent Passage through Straits

• Longstanding International Conventions in Force

• Safety of Passage Regulations

Archipelagic States

• Archipelagic State: Definition

• Theory of the Unity of (Coastal) Archipelagos

• Archipelagic Baselines

• Archipelagic Waters

• Archipelagic Sea Lanes Passage

Exclusive Economic (/Fishery) Zone

• Evolution

• Customary Law Status

• Coastal State's Rights over Resources

• Production of Energy from the Waters, Currents and Winds

• Protection and Preservation of the Marine Environment

• Rights over the Seabed and Subsoil

• Outer Limit

• Right of Communication

• Equality-of-Uses Principle

• Residual Rights

• Artificial Islands, Installations and Structures

• Military Installations

• Rational Conservation and Optimum Utilization of Fisheries

• Traditional Fishing Rights

• Rights of Land-Locked and Geographically Disadvantaged States

• Definition of GDS

• Presential Sea

Continental Shelf

• Evolution

• Definition of the Outer Limit

• 1982 LOSC, Section 76(1)–(10)

• Coastal State's Rights

• Sedentary Species

• Superjacent Waters and Air Space

• Revenue Sharing

• Tunnelling

Equitable Maritime Boundary Delimitation

• Relevant Jurisprudence

• "The delimitation of sea areas has always an international aspect"

• Truman Proclamation

• Geographical Factors

• Equidistant (Median) Line / Special (Relevant) Circumstances

• Natural Prolongation

• 1982 LOSC, Sections 15, 74(1)–(4), 83(1)–(4)

• Single Boundary Line

• Economic Factors

• Mineral Resource Factors

• Fishery Resource Factors

Islands

• Islands on the Wrong Side of the Median Line

• Historic Factors

• Security Factors

• Navigational Factors

• Environmental Factors

• Proportionality

• Thalweg Principle / Lakes and Rivers

• Sector Principle / Arctic and Antarctic

• Charts and Lists of Geographical Coordinates Deposited with the United Nations Secretary-General

• Regime of Islands

• Relevant Jurisprudence

• Nature of a High-Tide Elevation

• Rocks which Cannot Sustain Human Habitation or Economic Life of their Own

• Habitability

• Economic Life of their Own / Fisheries

• Sovereignty over Island Territory

• Presumption in Favour of Sovereignty over Island within the Territorial Sea

• Sovereignty over Island Territory and Joint Fishery Rights

• Environmental Factors in Disputes over Territorial Sovereignty

• Islands in Lakes and Rivers

High Seas

• Freedom of the High Seas

• Nationality of Ships – Genuine Link

• Status of Ships / Criminal Jurisdiction

• Definition of Ships

• United Nations Flag

• Salvage / Assistance

• Piracy

• Slaves

• Illicit Drug Trafficking

• Unauthorized Broadcasting

• Hot Pursuit

• Immunities of Warships

• Fisheries

• Relevant Jurisprudence

• High Seas Fisheries

• Straddling / Highly Migratory Stocks

• Submarine Cables and Pipelines

Enclosed or Semi-Enclosed Seas

Right of Access of Land-Locked States to and from the Sea and Freedom of Transit

Overflight

Protection and Preservation of the Marine Environment

• Concept of the Protection of the Environment for Present and Future Generations

• Obligation to Protect and Preserve the Marine Environment

• Use yours so that you do not harm someone else's

• Environmental Impact Assessment / Notification / Consultation

• Pollution from Land-Based Sources

• Environmental Protection of Lakes and Rivers

• Pollution from Seabed Activities

• Pollution from Activities in the Area

• Pollution by Dumping

• Nuclear-Powered Ships and Ships Carrying Dangerous Substances

• Pollution from Vessels

• Port State Jurisdiction

• Pollution from or through the Atmosphere

• Ice-Covered Areas

• Precautionary Approach

• Marine Biodiversity

• Since Omnes Rights and Obligations

Use of Force in Enforcement at Sea

Marine Scientific Research and Technology Transfer

• Development of Marine Scientific Research

• Other Relevant Jurisprudence

• High Seas Freedom of Scientific Research

• Scientific Research within the EEZ / Continental Shelf

• Fundamental Scientific Research

• Transfer of Marine Technology

International Seabed Area

• Speech of Ambassador Arvid Pardo (Malta) to the UNGA

• A Map of the US Congress Foreign Affairs Committee

• A Seabed Committee

Settlement of Disputes

• Obligation to Settle Disputes by Peaceful Means

• Definition of Obligation to Negotiate

• Preventive Diplomacy – Parallel Pursuance of Negotiations and Judicial Settlement

Decisions of the World Court Relevant to the UN Convention on the Law of the Sea

• 1982 LOSC, Article 281 (Self-Contained Settlement Clauses)

• 1982 LOSC, Article 282 (Optional Clause)

• 1982 LOSC, Article 282 (General, Regional or Bilateral Agreements)

• Choice of Procedure

• Montreux (Riphagen) Clause / Arbitral Tribunal

• Provisional Measures

  • Standard of Preventing Serious Harm to the Marine Environment

  • Provisional Measures Pending the Establishment of an Arbitral Tribunal

• Intervention

• Interpretation or Application

• Examination of the Situation

• Prompt Release of Vessels and Crews

• Exhaustion of Local Remedies

• Automatic Exemption of Fishery Disputes

• Maritime Boundary Delimitation Disputes

• Military Activities and Law Enforcement Disputes

  • Military Activities Disputes

  • Law Enforcement Disputes

• Involvement of the UN Security Council

• 1982 LOSC, Article 287(1)(d) and Annex VIII

• Good Faith and Abuse of Rights

• Peaceful Uses of the Sea

• Prohibition of Threat or Use of Force

• Nuclear (Atmospheric and Underground) Weapon Tests

• Maritime Terrorism

• Nuclear Terrorism

• Archaeological and Historical Objects

• Equity

  • Relevant Jurisprudence

  • Equitable Sharing of International Waterways

Privileges and Immunities of the LOSC Institutions and their Relationship with the United Nations

• CLCS

• ISBA

• ITLOS

Signature, Ratification and Accession

Reservations and Declarations

Amendment and Revision

Participation by International Organizations

Relation to Other Conventions

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Tags: Barbara Kwiatkowska, the World Court, the Law, A Reference Guide