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Series:

J. Ashley Roach and Robert W. Smith

Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage.

As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.


Limitation of Liability for Maritime Claims

A Study of U.S. Law, Chinese Law and International Conventions

Xia Chen

Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as `hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled.
This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay.
This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.

Maritime Claims in the Arctic

Canadian and Russian Perspectives

Erik Franckx

With the fundamental changes which occurred in the political structure of Europe, and improved East--West relations in general, the Arctic has increasingly become the focal point of international attention during the last few years. Scientific research and environmental protection are areas which have already witnessed some form of international cooperation in the area. With this particular evolution in mind, a new look at the legal regime of navigation in the Arctic seems to be justified.
While several other countries border on the Arctic, Canada and Russia have the most extensive shorelines and have shown keen interest in ensuring that their proper share of this area is not encroached by other countries. This book is thus generally restricted to an examination of the maritime boundaries that these states are claiming, and the extent to which other states have recognized them. It also explores the need for greater international cooperation in this area, not only between the two main contenders but also with other countries that have shown a special interest in Arctic navigation and in the exploitation of resources of this area.

Edited by Clive H. Schofield, Seokwoo Lee and Moon-Sang Kwon

The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Series:

Clive R. Symmons

The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—¬such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.

Navigational Restrictions within the New LOS Context

Geographical Implications for the United States

Series:

Alexander M. Lewis

Edited by J. Ashley Roach

In 1986, Lewis M. Alexander, a world-renowned marine geographer, prepared for the U.S. Department of Defense a report, Navigational Restrictions within the New LOS Context: Geographical Implications for the United States.

Edited by J. Ashley Roach, the reformatted report is presented in five sections and includes 20 maps, illustrating the world’s international straits and major ocean navigation routes. Forty-three tables present the most comprehensive descriptions of the world’s straits used for international navigation, as well as identify various categories of maritime claims. What made the Report extraordinarily valuable in 1986, and which makes it equally valuable today, is the compilation of geographic data - not available elsewhere - describing the world’s straits used for international navigation and illustrations of the chokepoints and major international shipping trade routes.

Roach has faithfully reproduced Alexander’s seminal work by retaining the original structure and references. A table of defined terms and an index have been added.

Series:

Edited by Alex G. Oude Elferink and Donald R. Rothwell

The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the law of the sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the law of the sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones between neighboring states) and jurisdiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention on the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.

Series:

Various Authors & Editors

Brill´s International Law E-Books Online, Collection 2012 is the electronic version of the book publication program of Brill in the field of International Law in 2012.

Coverage:
Public International Law, Law of the Sea, International Trade Law, International Labour Law, Environmental Law, European Law, International Relations, International Organizations , Terrorism, Legal History, Islamic Law

This E-Book Collection is part of Brill´s International Law E-Books Online Collection.

The title list and free MARC records are available for download here.

For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).

James Kraska and Raul Pedrozo

International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.

The Future of Ocean Regime-Building

Essays in Tribute to Douglas M. Johnston

Edited by Aldo Chircop, Theodore McDorman and Susan Rolston

One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston