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Articles 1 - 11 of 11

Full-Text Articles in Law

Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista Nov 2013

Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista

Lowell Bautista

The protection and preservation of underwater cultural heritage is becoming an increasingly important issue as technologies develop which allow for its exploitation. The UNESCO Convention on the Protection of Underwater Cultural Heritage ("UCH Convention") is an important step in the international regulation of this resource. This paper examines the theoretical and historical antecedents of the UCH Convention, and outlines the Convention's most significant provisions. Specifically, this paper examines how the UCH Convention protects underwater cultural heritage in six areas: internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and the Area. This paper then …


The Implications Of Recent Decisions Of International Courts And Tribunals On The Territorial And Maritime Boundary Disputes In East And Southeast Asia (Nbr Special Report No.37 - Pp105-128), Lowell Bautista Nov 2013

The Implications Of Recent Decisions Of International Courts And Tribunals On The Territorial And Maritime Boundary Disputes In East And Southeast Asia (Nbr Special Report No.37 - Pp105-128), Lowell Bautista

Lowell Bautista

EXECUTIVE SUMMARY

This essay examines recent decisions of international courts and tribunals—specifically, the 2009 Maritime Delimitation in the Black Sea case between Romania and Ukraine—and draws implications for the territorial and maritime boundary disputes in East and Southeast Asia.

Main Findings The judgment of the International Court of Justice (ICJ) in the Black Sea case is a landmark jurisprudential contribution to the development of the law of maritime delimitation. In this case, the ICJ explicitly provided a three-stage delimitation method—which, although not novel, is a clarification and clear articulation not seen in previous cases.

The peaceful settlement of disputes over …


The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista Nov 2013

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 …


Responsble Fishing Practices And Combatting Iuu Fishing: International And Regional Standards, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi Mar 2013

Responsble Fishing Practices And Combatting Iuu Fishing: International And Regional Standards, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


Current International Law And Practice Regarding The Right Of Hot Pursuit, Jack Mccaffrie, Ben Tsamenyi, Quentin Hanich Mar 2013

Current International Law And Practice Regarding The Right Of Hot Pursuit, Jack Mccaffrie, Ben Tsamenyi, Quentin Hanich

Professor Ben M Tsamenyi

No abstract provided.


International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu Mar 2013

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.


International Principles In Marine Conservation And Management, G. Rose, Quentin Hanich, Ruth Davis, Ben Tsamenyi, Afroza Begum Mar 2013

International Principles In Marine Conservation And Management, G. Rose, Quentin Hanich, Ruth Davis, Ben Tsamenyi, Afroza Begum

Professor Ben M Tsamenyi

No abstract provided.


International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle Mar 2013

International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle

Professor Ben M Tsamenyi

No abstract provided.


Public International Law: An Australian Perspective, Ben Tsamenyi, Sam Blay, Ryszard Piotrowicz Mar 2013

Public International Law: An Australian Perspective, Ben Tsamenyi, Sam Blay, Ryszard Piotrowicz

Professor Ben M Tsamenyi

No abstract provided.


Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding Mar 2013

Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding

Professor Ben M Tsamenyi

No abstract provided.


Report On The Implementation Of International Fisheries Instruments And Analysis Of Gaps In Domestic Fisheries Management Legislation In The Southeast Asian Region, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi Mar 2013

Report On The Implementation Of International Fisheries Instruments And Analysis Of Gaps In Domestic Fisheries Management Legislation In The Southeast Asian Region, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.