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Law of the Sea

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Articles, Book Chapters, & Popular Press

2018

Articles 1 - 6 of 6

Full-Text Articles in Law

Towards Ocean Peace: Resolving Disputes Cooperatively And Empathetically Through Negotiation, Nayha Acharya Jan 2018

Towards Ocean Peace: Resolving Disputes Cooperatively And Empathetically Through Negotiation, Nayha Acharya

Articles, Book Chapters, & Popular Press

Oceans have immeasurable value. They are replete with natural resources and food sources; they enable transportation and recreation; they regulate earth’s climate. In sum, they make invaluable contributions to our physical, economic, and political well-being. And wherever there is something valuable, there are disputes over how that value should be maintained, grown, owned, and distributed. Internationally, disputes over maritime boundaries, access routes, drilling rights, and resource exploration are prolific. A sizeable bulk of international litigation is generated by ocean disputes. In the domestic context, disagreement among stakeholders as to environmental quality and pollution, natural resource management and conservation, geo-engineering, and …

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Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag Jan 2018

Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (UNCLOS) is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements. They may also guide national ocean law and …

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Refugees At Sea, Constance Macintosh Jan 2018

Refugees At Sea, Constance Macintosh

Articles, Book Chapters, & Popular Press

The International Ocean Institute-Canada has produced this collection of over 80 insightful essays on the future of ocean governance and capacity development. The book honors the work of Elisabeth Mann Borgese (1918-2002), preeminent ocean advocate and founder of the IOI. More than 90 leading experts explore future challenges and opportunities for ocean governance and capacity development. Major themes include the law of the sea, ocean sciences, integrated coastal and ocean management, fisheries and aquaculture, communication and negotiations, maritime safety and security, ocean energy, and maritime transportation. The essay collection is aimed at professionals, students and citizens alike – covering themes …

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Testing International Legal Regimes: The Advent Of Automated Commercial Vessels, Aldo Chircop Jan 2018

Testing International Legal Regimes: The Advent Of Automated Commercial Vessels, Aldo Chircop

Articles, Book Chapters, & Popular Press

International shipping is on the eve of a new era where remotely controlled and partially or fully automated and unmanned Maritime Autonomous Surface Ships (MASS) will be carrying international trade. The regulation of navigation and shipping in the contemporary international law of the sea and international maritime law are premised on human presence and control onboard ships. Provisions of the United Nations Convention on the Law of the Sea, 1982 and several maritime conventions will need to be revisited to determine how MASS may be accommodated, and where not possible, what further legal development may be needed. Recently, the IMO …

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Decarbonizing International Shipping: Potential Roles Of The Imo’S Initial Strategy And The Un Climate Regime, Meinhard Doelle, Aldo Chircop Jan 2018

Decarbonizing International Shipping: Potential Roles Of The Imo’S Initial Strategy And The Un Climate Regime, Meinhard Doelle, Aldo Chircop

Articles, Book Chapters, & Popular Press

This article assesses the IMO’s 2018 Strategy to reduce GHG emissions from international shipping in light of the long-term goals of the Paris Climate Agreement, and considers its ambition, adequacy and effectiveness in ensuring a fair contribution to the global decarbonization effort. The article proceeds in four parts. In Part 1, we offer a brief history of efforts to reduce emissions from international shipping under the UN Climate Regime. This is followed in Part 2 with a similar overview of historical efforts under the IMO. In Part 3, we discuss the key elements of the 2018 IMO Strategy, followed by …

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자율운항선박 원격운항자의 역할과 법적 지위에 관한 소고-선원과 선장 개념을 중심으로 [Translation: The Roles And Legal Status Of Remote Operators Of Maritime Autonomous Surface Ships: Focusing On The Concept Of A Crew And A Master], Junghwan Choi, Jinho Yoo, Sang-Il Lee Jan 2018

자율운항선박 원격운항자의 역할과 법적 지위에 관한 소고-선원과 선장 개념을 중심으로 [Translation: The Roles And Legal Status Of Remote Operators Of Maritime Autonomous Surface Ships: Focusing On The Concept Of A Crew And A Master], Junghwan Choi, Jinho Yoo, Sang-Il Lee

Articles, Book Chapters, & Popular Press

As commercialising the technology of Maritime Autonomous Surface Ship("MASS"), it may be expected that the remote controller plays a significant role in modern shipping industry in the near future. The concept of remote controller is defined as designated person who has the right of command and control regarding the ship's navigation and there exists the difference concerning the role and functions between transitional concept of a crew and a master and the remote controller in MASS. Hence, this study aims to discuss the legal status of remote controller as to whether they are considered as crew and master. In particular, …

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