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International Courts and the Development of International Law
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play...
Peaceful Management of Maritime Disputes
International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented...
Maritime Operations Law in Practice
The law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from ‘high end’ war-fig...
The Law of the Sea and Maritime Boundary Disputes in Areas of Hydrocarbon Potential
The United Nations Convention on the Law of Sea (‘UNCLOS’) is hailed as one of the most significant multilateral legal agreements executed in the past few decades. However, its shortcomings are neither trivial nor inconsequential, especially regarding maritime boundary disputes involving hydrocarbon resources. This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources poten...
Maritime Salvage Operations and Environmental Protection
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework ...
40 Years of the United Nations Convention on the Law of the Sea
This book discusses contemporary challenges within the law of the sea, a domain of international law extensively codified in United Nations Convention on the Law of the Sea. Given the considerable time elapsed since the convention’s adoption and nearly three decades of its implementation, the book analyses the interplay and influence of its provisions on international customary law, as well as to identify issues arising from its application. The book explores and discusses crucial aspects of the law of the sea, addressing challenges and future perspectives related to UNCLOS provisions, such as the delimitation of maritime areas, maritime security, safety, environmental protection, and the ...
Seventy Years of the International Law Commission
Seventy Years of the International Law Commission: Drawing a Balance for the Future brings together voices from academia and practice to celebrate and critically evaluate the work of the United Nations International Law Commission (ILC) over the past seventy years. The edited volume draws on the events commemorating the seventieth anniversary of the Commission, which took place in New York and Geneva in May and July 2018. At a time when multilateral law-making has become increasingly challenging, the edited volume appraises the role of one the most important driving forces behind the codification of international law and discusses the ILC’s future contribution to the development of international law.
Territorial Disputes in the Americas
Territorial disputes are intricate, shaped by historical, legal, geopolitical, social, cultural and other factors. This book uses a multidimensional approach to assess real case scenarios across the Americas, individually and collectively. The work evaluates a selected sample of these disputes, tracing origins to colonial histories, unclear border demarcations or uncharted lands, and challenges enforcing legal boundaries. It then explores critical thematic areas, illustrated with compelling examples—disputes entangled with non-American agents like European nations; colonialism, neo-colonial interference and pervasive colonial mindsets; ongoing, regional differences between neighboring stat...
Catalogue of the Byzantine Coins in the Dumbarton Oaks Collection and in the Whittemore Collection
The final volume in the series, this catalogue follows the general plan of volumes II-IV but differs from them in its use of the sylloge format for the catalogue proper. The collection of Palaeologan coins at Dumbarton Oaks is by far the largest that exists, and the field is one in which great advances have been made over the last half-century. This volume supersedes the previous accounts of Palaeologan coinage, and is definitive in its field. Part I includes the introduction, appendices, and bibliography, while Part II continues with the catalogue, concordances, and indexes.
