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Arctic Ocean Shipping

Navigation, Security and Sovereignty in the North American Arctic

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Donald R. Rothwell

In Arctic Ocean Shipping, Donald R. Rothwell assesses contemporary navigation, security and sovereignty issues in the North American Arctic. Shipping in the Arctic Ocean is becoming a critical legal, geopolitical and security issue as a result of climate change and increased interest from non-Arctic States such as China. The law of the sea provides the key legal framework for the regulation of Arctic Ocean shipping, and has been relied upon by Canada and the United States to develop the legal regime for the Northwest Passage and the Bering Strait. Navigation within the EEZ and high seas in the Arctic is also becoming more strategically significant as a result of climate change. Multiple issues are raised with respect to maritime security and the adequacy of the existing legal regime, including how Canada and the United States will respond to interest being expressed in Arctic shipping by Asian States.

Unresolved Border, Land and Maritime Disputes in Southeast Asia

Bi- and Multilateral Conflict Resolution Approaches and ASEAN's Centrality

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Edited by Alfred Gerstl and Mária Strašáková

Unresolved Border, Land and Maritime Disputes in Southeast Asia, edited by Alfred Gerstl and Mária Strašáková, sheds light on various unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region. The authors, academics from Europe and East Asia, particularly address the territorial disputes in the South China Sea and those between Vietnam and Cambodia and Thailand and Cambodia. They apply International Relations theories in a wider regional and comparative perspective. The empirical analyses are embedded in a concise theoretical discussion of the principles of sovereignty, territorial integrity and borders. Furthermore, the book discusses the role of the Association of Southeast Asian Nations (ASEAN) and other multi-track mechanisms in border conflict mediation.
Contributors are: Petra Andělová, Alica Kizeková, Filip Kraus, Josef Falko Loher, Padraig Lysaght, Jörg Thiele, Richard Turcsányi, Truong-Minh Vu and Zdeněk Kříž.

Baselines under the International Law of the Sea

Reports of the International Law Association Committee on Baselines under the International Law of the Sea

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Edited by Coalter G. Lathrop, J. Ashley Roach and Donald R. Rothwell

Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.

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Guifang Xue

This book deals with China’s response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. A substantial effort was made to examine the major areas of China’s national action on legislative harmonisation and policy adjustment to implement these instruments. China’s regional fisheries cooperation, in the form of bilateral agreements with Japan, South Korea and Vietnam, is evaluated to identify the progress already achieved and the problems that remain to be solved in managing the shared fish stocks between these maritime neighbours.
As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China’s fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.

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Sergio M. Carbone

Also available as an e-book

La doctrine et la jurisprudence la plus récente relèvent de plus en plus les limites de l’utilisation de la nationalité du navire dans la solution des conflits de loi et l’importance du droit uniforme. En ce qui concerne les conflits de lois relatifs aux transports maritimes de marchandise, il est tenu compte des différences des solutions adoptées à propos des charter-parties, des transports tramps et des transports maritimes de ligne documentés par un connaissement. S’agissant du contrat de travail maritime, sont mis en évidence l’affaiblissement du rôle de la nationalité du navire et l’importance croissante de la négociation collective internationale. A propos de la responsabilité extracontractuelle, c’est la lex damni qui s’applique, sauf lorsqu’il s’agit d’événements ayant lieu à bord du navire. De cette analyse, enfin, il ressort que la tendance à l’internationalisation du droit maritime et la fonction résiduelle confiée à la loi du pavillon dans la solution des conflits de lois sont confirmées.

Edited by Hans Blom

In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005.

Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.

The Corsairs’ Longest Voyage

The Turkish Raid in Iceland 1627

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Þorsteinn Helgason

During the summer of 1627, corsairs from Algiers and Salé, Morocco, undertook the long voyage to Iceland where they raided the eastern and southern regions of the country, resulting in the deaths of around thirty people, and capturing about 400 further individuals who were sold on the slave markets. Around 10% of the captives were ransomed the next twenty years, mostly through the efforts of the Danish monarchy.
In this volume, the history of these extraordinary events and their long-lasting memory are traced and analysed from the viewpoints of maritime warfare, cultural encounters and existential options, based on extensive use of various sources from several languages.

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Rob McLaughlin

This book examines UN naval peace operations, addressing the construction and assessment of authority with respect to a range of acts essential to the conduct of such operations. The focus is particularly upon operations as they relate to and impact upon the Territorial Sea. Within a conceptual approach emphasising the interaction of power and legitimation in the construction of authority, naval peace operations issues such as Innocent Passage, interdiction operations, and transitional administration are considered. The book concludes by proposing a conceptually and operationally sensitive approach to constructing authority for the conduct of UN naval peace operations in the Territorial Sea.