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In
The Shipmaster's Duty to Render Assistance at Sea under Internationl Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.
In
The Shipmaster's Duty to Render Assistance at Sea under Internationl Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.
Dispute Resolution in the Law of International Watercourses and the Law of the Sea
Dispute Resolution in the Law of International Watercourses and the Law of the Sea
This volume contains the decisions rendered by the Tribunal in the years 2018 and 2019 in English and French: A procedural Order and the Judgment issued in M/V “Norstar”; Orders prescribing provisional measures in the
Detention of three Ukrainian naval vessels and M/T “San Padre Pio”; and two procedural Orders issued in the
Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean.
Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2018 et 2019 : une ordonnance procédurale et l’arrêt rendus dans : Navire « Norstar » ; des ordonnances prescrivant des mesures conservatoires dans : Immobilisation de trois navires militaires ukrainiens et Navire « San Padre Pio » ; et deux ordonnances procédurales rendues relatives au Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien.
Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2018 et 2019 : une ordonnance procédurale et l’arrêt rendus dans : Navire « Norstar » ; des ordonnances prescrivant des mesures conservatoires dans : Immobilisation de trois navires militaires ukrainiens et Navire « San Padre Pio » ; et deux ordonnances procédurales rendues relatives au Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien.
This volume contains the decisions rendered by the Tribunal in the years 2018 and 2019 in English and French: A procedural Order and the Judgment issued in M/V “Norstar”; Orders prescribing provisional measures in the
Detention of three Ukrainian naval vessels and M/T “San Padre Pio”; and two procedural Orders issued in the
Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean.
Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2018 et 2019 : une ordonnance procédurale et l’arrêt rendus dans : Navire « Norstar » ; des ordonnances prescrivant des mesures conservatoires dans : Immobilisation de trois navires militaires ukrainiens et Navire « San Padre Pio » ; et deux ordonnances procédurales rendues relatives au Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien.
Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2018 et 2019 : une ordonnance procédurale et l’arrêt rendus dans : Navire « Norstar » ; des ordonnances prescrivant des mesures conservatoires dans : Immobilisation de trois navires militaires ukrainiens et Navire « San Padre Pio » ; et deux ordonnances procédurales rendues relatives au Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien.
Actors, Institutions and Strategies of Dispute Settlement
Pre-modern long-distance trade was fraught with risks which often created conflicts of interest. The ensuing disputes and the ways the actors involved dealt with them belong to the field of conflict management. How did victims of maritime conflicts claim compensation? How did individual actors and public institutions negotiate disputes which transcended jurisdictional boundaries? What strategies, arrangements and agreements could contribute to achieve the resolution of such conflicts, and to what effect? These and other questions have mainly been studied separately for the Mediterranean and Atlantic regions. Here, the two seascapes are connected, allowing for a comparative long-term perspective. The different contributions enhance our understanding in the complexity of various approaches to conflict management.
Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.
Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.
Actors, Institutions and Strategies of Dispute Settlement
Pre-modern long-distance trade was fraught with risks which often created conflicts of interest. The ensuing disputes and the ways the actors involved dealt with them belong to the field of conflict management. How did victims of maritime conflicts claim compensation? How did individual actors and public institutions negotiate disputes which transcended jurisdictional boundaries? What strategies, arrangements and agreements could contribute to achieve the resolution of such conflicts, and to what effect? These and other questions have mainly been studied separately for the Mediterranean and Atlantic regions. Here, the two seascapes are connected, allowing for a comparative long-term perspective. The different contributions enhance our understanding in the complexity of various approaches to conflict management.
Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.
Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.
Problems, Theories and Methods
Problems, Theories and Methods
Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the
Ocean Yearbook provides information in one convenient resource.
As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key recent legal and policy instruments.
The Yearbook is a collaborative initiative of the International Ocean Institute ( www.ioinst.org) in Malta and the Marine & Environmental Law Institute ( www.dal.ca/law/MELAW) at the Schulich School of Law, Dalhousie University, Halifax, Canada.
The Yearbook is now available online. Learn more about the electronic product here.
As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key recent legal and policy instruments.
The Yearbook is a collaborative initiative of the International Ocean Institute ( www.ioinst.org) in Malta and the Marine & Environmental Law Institute ( www.dal.ca/law/MELAW) at the Schulich School of Law, Dalhousie University, Halifax, Canada.
The Yearbook is now available online. Learn more about the electronic product here.
Series:
Ocean Yearbook, Volume: 34
Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the
Ocean Yearbook provides information in one convenient resource.
As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key recent legal and policy instruments.
The Yearbook is a collaborative initiative of the International Ocean Institute ( www.ioinst.org) in Malta and the Marine & Environmental Law Institute ( www.dal.ca/law/MELAW) at the Schulich School of Law, Dalhousie University, Halifax, Canada.
The Yearbook is now available online. Learn more about the electronic product here.
As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key recent legal and policy instruments.
The Yearbook is a collaborative initiative of the International Ocean Institute ( www.ioinst.org) in Malta and the Marine & Environmental Law Institute ( www.dal.ca/law/MELAW) at the Schulich School of Law, Dalhousie University, Halifax, Canada.
The Yearbook is now available online. Learn more about the electronic product here.
Abstract
This article revisits the package deal nature of the United Nations Convention on the Law of the Sea (LOSC) and its implications for determining customary international law. A survey of the case law illustrates that the International Court of Justice (ICJ) has not given particular weight to the fact that the LOSC was negotiated and accepted as a package deal. Nevertheless, the ICJ’s declaration that Article 121, paragraph 3 of the LOSC is a customary rule tends to be based on a ‘package deal approach’, which focuses on the textual and logical links between the paragraphs that manifest an ‘indivisible régime’. By exploring the difficulties of determining the customary status of Article 76(2)–(7) concerning the continental shelf beyond 200 nautical miles, which may arise in the pending Nicaragua v. Colombia II case, this article calls for a cautious attitude towards determination of customary rules from the LOSC.
Alberico Gentili and the Early Modern Law of Nations
This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
Alberico Gentili and the Early Modern Law of Nations
This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
Abstract
Who was Alberico Gentili? What did he contribute to the early modern law of nations? Why does his work still matter today? What is his legacy for the future of international law? To address these questions, and to examine and critically assess Gentili’s contribution to international law, it is necessary to keep in mind his persona, i.e. his family background, education, and life experience, as well as the historical, political, and cultural context in which he lived. Gentili’s life deserves scrutiny and attention as his thought becomes intelligible only when seen against its historical, political, and cultural context.
The life of Alberico Gentili is a compelling story of success with all of the themes of a great narrative: faith, ambition, adventure, and a voyage into unknown lands, as well as conflicts, contradiction, and paradox. Born into a noble family in the Italian town of San Ginesio, Gentili studied law and graduated with a doctorate from the University of Perugia. Because of his Reformed beliefs and in order to escape the Inquisition, he fled to England, transitioning from a world of peril and fear to one of adventure and fame. He was part of an influential network and eventually became Regius Professor at the University of Oxford.
To illuminate Alberico Gentili’s contribution to international law, Chapter 2 provides a ‘thick description’ of Gentili’s life by exploring the social, cultural, and political context in which he lived and sets the scene for the subsequent legal inquiry. This chapter tries to avoid portraying Gentili’s life as a series of events unfolding in a linear fashion. Rather, particular attention is given to the elements of discontinuity in the course of his life, i.e. those crucial moments at which he faced difficult choices. The chapter uses different, albeit related, dimensional scales moving from macro- to micro-levels of analysis. At the macro-level, Gentili’s life was permeable to the major political, historical, and social events of his time. Therefore, while examining the trajectory of Gentili’s life, the chapter also briefly considers the main political, cultural, and religious processes of the sixteenth century. At the micro level, the chapter places Gentili within a transnational system of relations that changes according to chronological and geographical variables. Gentili belonged to various political, cultural, and intellectual networks and his life was shaped by his contacts with individuals, networks, and institutions. Such interpersonal linkages can offer useful units of analysis for comprehending Gentili’s complex identity.
To map Gentili’s life, the chapter relies on the combined use of literary, historical, and legal sources, as well as the Gentilian Manuscripts at the Bodleian Library in Oxford. The chapter also takes into account recent archival discoveries. The chapter contributes to the existing literature in two ways. First, it makes use of important recently de-classified sources to provide new insights into Gentili’s life. Second, by mapping Gentili’s intellectual network it unveils previously unknown aspects of his personality, life, and work.
In:
War and Peace