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Full-Text Articles in Arts and Humanities
The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista
The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista
Lowell Bautista
The fundamental position of the Philippines is that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the Sea Convention, which the Philippines signed and ratified. The issue of the legal status of the Philippine Treaty Limits in international law has been subject of much academic debate and serious criticisms. This paper will analyse the legal status of the Philippine Treaty Limits …
The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista
The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista
Lowell Bautista
The Philippine territorial water claim is unique in international law. On the basis of historic right of title, the Philippines claims a rectangular territorial sea fully enclosing the entirety of the archipelago, which at some points exceed 12 nautical miles in breadth. The 1982 Law of the Sea Convention, which the Philippines signed and ratified, prescribes the maximum breadth of the territorial sea at 12 nautical miles. For this reason, the Philippine territorial sea claim has been criticized for being excessive. This paper will discuss and clarify the historical background, geographical extent, and legal bases of the Philippine territorial water …
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
Professor Ben M Tsamenyi
The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which …
International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu
International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu
Professor Ben M Tsamenyi
No abstract provided.
Legal Aspects Of Fisheries: The Need For Legal Training Facilities In The South Pacific., Ben Tsamenyi
Legal Aspects Of Fisheries: The Need For Legal Training Facilities In The South Pacific., Ben Tsamenyi
Professor Ben M Tsamenyi
Many of the small developing island states in the South Pacific have claimed exclusive economic zones (EEZs). Those who have not yet done so are in the process of making their claims as part of their Law of the Sea Convention implementation programs. One of the problems being faced by by the South Pacific states with regard to their EEZ claims is the shortage of trained personnel, particularly in the legal field, to manage their fisheries resources. A regional strategy for training in the legal aspects of fisheries is necessary.-Author